§ 40.08 MISUSE OF INFORMATION.
   (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)