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(A) No officer or employee of the city or any city agency shall directly or through others undertake, execute, hold, or enjoy, in whole or in part, any contract made, entered into, awarded, or granted by the city or a city agency, except as follows:
(1) The prohibition in division (A) of this section shall not apply to contracts entered into before an elected officer filed as a candidate for city office, before an appointed officer was appointed to a city or city agency office, or before an employee was hired by the city or a city agency. However, if any contract entered into by a city or city agency officer or employee before he or she became a candidate, was appointed to office, or was hired as an employee, is renewable after he or she becomes a candidate, assumes the appointed office, or is hired as an employee, the prohibition in division (A) of this section shall apply to the renewal of the contract.
(2) The prohibition in division (A) of this section shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer or employee is authorized to participate in establishing the contract specifications, awarding the contract, or managing contract performance after the contract is awarded. If the officer or employee has any of the authorities set forth in the preceding sentence, then the officer or employee shall have no interest in the contract, unless the requirements set forth in division (A)(3) below are satisfied.
(3) The prohibition in division (A) of this section shall not apply in any case where the following requirements are satisfied:
(a) The specific nature of the contract transaction and the nature of the officer's or employee's interest in the contract are publicly disclosed at a meeting of the governing body of the city or city agency.
(b) The disclosure is made a part of the official record of the governing body of the city or city agency before the contract is executed.
(c) A finding is made by the governing body of the city or city agency that the contract with the officer or employee is in the best interests of the public and the city or city agency because of price, limited supply, or other specific reasons.
(d) The finding is made a part of the official record of the governing body of the city or city agency before the contract is executed.
(Ord. 0-94-023, passed 11-28-94)
(A) No officer or employee, member of his immediate family, or any business organization in which he or she has an interest shall directly or indirectly solicit or accept or receive any gift, favor, service, loan, travel, entertainment, hospitality, political contribution, promise of future employment or other thing or promise of value.
(B) Exempted from this section are:
(1) Gifts having a total value of fifty dollars ($50.00) or less per year from any one person or organization.
(2) Gifts received from relatives not intended to influence the officer or employee in the discharge of his or her official duties.
(3) Gifts accepted on behalf of the city and transferred to the city.
(4) Reasonable travel and travel related expenses, cost of admission, food and beverages, and entertainment furnished in connection with the certain specified public events, appearances, ceremonies, economic development activities, or other fact finding trips related to official government businesses which have been approved in advance by the Commission or the governing body or board of any city agency.
(5) Usual and customary loans made in the ordinary course of business which were not intended to influence the officer or employee in the discharge of his or her official duties.
(6) Public awards presented in recognition of public service.
(7) Solicitation or acceptance of contributions to the campaign of an announced candidate for elected public office, if the officer or employee has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the officer or employee in the discharge of his or her official duties, are not received on a regular ongoing basis, and are lawful campaign contributions which are reported.
(C) Officers or employees that have been offered any gift, favor, service, loan, travel, entertainment, hospitality, political contribution, promise of future employment or other thing or promise of value with the intent to influence the officer or employee in the discharge of his or her official duty shall immediately report the fact to the Chairman of the Ethics Board.
(Ord. 0-94-023, passed 11-28-94)
(A) No official or employee shall disclose confidential information while in the course of his or her official duties concerning the property, governing operations, policies or affairs of the city except when required by state or federal law or disclosed as a part of his or her official duties as a matter of stated public policy, or by court order or lawful subpoena; nor shall such officer or employee use confidential information required in his or her official capacity or duties, if the primary purpose of the use is to further his or her own financial interest or personal interest of himself or herself or that of another person.
(B) Information shall be deemed confidential if it is not subject to disclosure pursuant to the Kentucky Open Records Act, KRS 61.872 to 61.884, at the time of its disclosure or use.
(C) No official or employee shall disclose confidential information, which by law or policy is not available to the public, concerning the property, governing operations, policies or affairs of the city, except where required by state or federal law, or by court order or lawful subpoena. Information shall be deemed to be confidential if it is:
(1) Not subject to public disclosure under the Kentucky Open Records Act; or
(2) The information pertains to subject matter discussed or gained in a closed meeting validly held by the city under a statutory exception to the Kentucky Open Meetings Act contained in KRS 61.810 prior to becoming public knowledge.
(Ord. 0-94-023, passed 11-28-94; Am. Ord. 0-2005-020, passed 9-26-05)
(A) No elected officer shall represent any person or party, other than the city, in connection with any cause, proceeding, application or other matter pending before the city or any department, commission, board, agency or committee of the city.
(B) No non-elected officer, employee, board member or committee member shall represent any person or party, other than the city, agency, board, committee or commission in which he or she is a member or employee in connection with a cause, proceeding, application or other matter pending or considered for action before the same city, commission, board, agency or committee in which he or she is an officer, employee, board member or committee member.
(C) No officer or employee shall represent, directly or indirectly, any other private person, group or entity in any action or proceeding against the interest of the city or in any litigation in which the city or any department thereof is a party provided, however, that nothing contained therein shall limit the authority of the City Attorney and his or her staff to represent the city, its boards, commissions, committees, agencies, employees and officers in the discharge of their duties.
(D) Nothing in this section shall prohibit any officer or employee, or members of his or her immediate family, from representing himself, herself or themselves in negotiations or proceedings concerning his, her or their own interest subject to the other provisions contained in this chapter concerning conflicts of interest.
(E) No officer shall be prohibited from making any inquiry for information on behalf of a constituent, if no fee, reward or other thing of value is promised to, given to, or accepted by the officer, or a member of his or her immediate family, whether directly or indirectly, in return therefor.
(Ord. 0-94-023, passed 11-28-94)
An officer or employee shall not accept any compensation or honorarium in consideration for an appearance, speech or article unless the appearance, speech or article is both related to the officer's or employee's activities outside of municipal services and is unrelated to the officer's or employee's service with the city and does not otherwise violate any provision contained in this chapter.
(Ord. 0-94-023, passed 11-28-94)
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