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The following classes of officers and employees of the city, its departments, agencies, councils and boards shall be required to file a signed annual disclosure statement:
(A) Officers and employees who are elected;
(B) Compensated employees whose job descriptions or actual duties as determined by the Ethics Board involve the negotiation, authorization, or approval of:
(1) Contracts, leases, franchises, revocable consents, concessions, variances, special permits, or licenses;
(2) The purchase, sale, rental, or lease of real property, personal property, or services, or a contract therefor;
(3) The obtaining of grants of money or loans; or the adoption or appeal of any rules or regulation having the force of law.
(C) Compensated employees who hold policy making positions as determined by the Ethics Board.
(D) All candidates for Commission, Mayor or any other elected city office.
(Ord. 0-94-023, passed 11-28-94)
The annual disclosure statement shall disclose:
(A) Name of the filer.
(B) Current business address or home address if no business address.
(C) Title of the filer's public office or office sought.
(D) Occupations of the filer and spouse.
(E) Each source of income of the filer and the filer's immediate family members (spouse and dependents) from within the state, except where other existing law, statute, ordinances or generally recognized codes of professional conduct prohibit any disclosure, and the form of the income (e.g. salary, interest, etc.), if such source of income is a partnership, unincorporated association, or other incorporated business or individual which has engaged within the past twelve (12) months, or which is anticipated to have, any business dealings with the city.
(F) The name of any partnership, unincorporated association or other incorporated business, of which filer or any member of the filer's immediate family had at any time during the preceding twelve (12) months an interest of ten thousand dollars ($10,000.00) at fair market value or five percent (5%) ownership interest or more if such entity has engaged within the past twelve (12) months, or which is anticipated to have any business dealings with the city.
(G) A designation as "commercial", "residential" or
"rural" and the location of all real property within the city other than the filer's primary residence in which the filer or any member of the filer's immediate family had during the preceding twelve (12) months an interest of ten thousand dollars ($10,000.00) or more.
(H) The name of any creditor except for state and federally regulated lending institutions owed more than ten thousand dollars ($10,000), except debts arising from the purchase of consumer goods or a primary residence, if the creditor has engaged within the past twelve (12) months, or which is anticipated to have any business dealings with the city.
(Ord. 0-94-023, passed 11-28-94; Am. Ord. 0-95-001, passed 3-1-95)
(A) A filer shall file annually on January 1st with the Board of Ethics as a repository thereof, a statement of disclosure containing the information required by this section on forms provided by the city. The first filing shall be within sixty (60) days following the adoption of this chapter. Any person desiring to request an opinion from the Ethics Board concerning their obligation to file a disclosure statement shall be permitted an additional thirty (30) day extension to file by submitting a written request for an opinion to the Finance Director/City Clerk/Tax Administrator. The Finance Director/City Clerk/Tax Administrator shall be responsible for the administerial duties of accepting for filing of disclosure statements.
(B) Disclosure forms shall be filed within thirty (30) days after filing to run for Commissioner, Mayor or any other elected city office or within thirty (30) days after beginning of employment, unless such time shall be extended for justifiable cause by the Board of Ethics.
(C) Within thirty (30) days after there is a material change in the information contained in a filer's statement, an amended statement reflecting such change shall be filed. Material changes shall include, but are not limited to, sources of income or creditors required to be disclosed under ' 40.26 (E), (F) and (H).
(D) It shall be the duty of the Finance Director/City Clerk/Tax Administrator to verify that statements required by this section have been properly filed and to notify the Board of Ethics of any filing failures.
(Ord. 0-94-023, passed 11-28-94; Am. Ord. 0-95-001, passed 3-1-95)
ENFORCEMENT
(A) There is hereby created the City of Pikeville Board of Ethics consisting of five (5) members who shall be citizens of the city and shall be nominated by the Mayor and approved by majority vote of the Commission. The Board shall elect from its members a Chairman in January of each year.
(B) A member of the Board of Ethics may be removed by the Commission for misconduct, inability, or willful neglect of duties. Before any member of the Board of Ethics is removed from office under this section, the member shall be afforded the opportunity for a hearing before the Commission.
(C) Vacancies on the Board of Ethics shall be filled within sixty (60) days by the Mayor, subject to the approval of the Commission. If a vacancy is not filled by the Mayor and Commission within sixty (60) days, the remaining members of the Board of Ethics shall fill the vacancy. All vacancies shall be filled for the remainder of the unexpired term.
(D) Members of the Board of Ethics shall serve without compensation unless otherwise approved by the Commission, but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties.
(E) Meetings of the Board of Ethics shall be held, as necessary, upon the call of the Chairman or at the written request of a majority of the members.
(F) The presence of three (3) or more members shall constitute a quorum and the affirmative vote of three (3) or more members shall be necessary for any official action to be taken. Any member of the Board of Ethics who has a conflict of interest with respect to any matter to be considered by the Board shall disclose the nature of the conflict and shall disqualify himself from voting on the matter. The Mayor shall have the authority to appoint substitute board members in cases or matters where disqualifications result in an inability to obtain a quorum.
(G) Minutes shall be kept for all proceedings of the Board of Ethics and the vote of each member on any issue decided by the Board shall be recorded in the minutes.
(H) The first Board shall be appointed to serve staggered terms in office. Two (2) Board members shall be appointed for one (1) year, two (2) Board members for two (2) years, and one (1) Board member for three (3) years. Thereafter, each appointee shall serve a four (4) year term.
(I) The Finance Director/City Clerk/Tax Administrator shall serve as Secretary to the Board of Ethics and shall maintain the records, documents and disclosure statements of the Board.
(J) The city shall bear the cost of any hearing or inquiry conducted by the Board.
(Ord. 0-94-023, passed 11-28-94; Am. Ord. 07-0-002, passed 2-26-07; Am. Ord. 07-0-003, passed 2-26-07)
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