(A) The Ethics Commission shall have the following powers and duties:
(1) To initiate on its own motion, receive and investigate complaints, hold hearings and make findings of fact and determinations with regard to alleged violations of the provisions of this chapter;
(2) To issue orders in connection with its investigations and hearings requiring persons to submit in writing and under oath reports and answers to questions that are relevant to the proceedings and to order testimony to be taken by deposition before any individual designated by the Commission who has the power to administer oaths;
(3) To administer oaths and to issue orders requiring the attendance and testimony of witnesses and the production of documentary evidence relating to an investigation or hearing being conducted by the Commission;
(4) To refer any information concerning violations of this chapter to the executive authority of the city, the city legislative body, the governing body of any city agency, the County Attorney or other appropriate person or body, as necessary;
(5) To render advisory opinions to city and city agency officers and employees regarding whether a given set of facts and circumstances would constitute a violation of any provision of this chapter;
(6) To enforce the provisions of this chapter with regard to all officers and employees of the city and city agencies who are subject to its terms by issuing appropriate orders and imposing penalties authorized by this chapter;
(7) To control and maintain all statements of financial interests that are required to be filed by this chapter and to insure that the statements are available for public inspection in accordance with the requirements of this chapter and the state’s Open Records Act, being KRS 61.870 to 61.884;
(8) To adopt rules and regulations and to take other actions, as necessary, to implement the provisions of this chapter; provided that, the rules, regulations, and actions are not in conflict with the provisions of this chapter or any state or federal law;
(9) To provide training and education on the city ethics code to officials and employees; and
(10) To prepare and submit an annual report and any recommended changes to this code to the legislative body; and to develop and submit any reports regarding the conduct of its business that may be required by the executive authority or legislative body of the city.
(B) The Ethics Commission will annually review the list of officials and employees required to file annual disclosure statements, to determine whether the lists are complete and accurate. Within ninety days after it has been formed, and by February 1 each year thereafter, the Ethics Commission must:
(1) Cause to be filed with the City Clerk a list of the names and offices, or positions, of all officials and employees and others required to file annual disclosure statements pursuant to § 34.050 of this chapter; and
(2) Notify all such persons of their obligation to file an annual disclosure statement.
(C) The Ethics Commission will prepare forms for complaints and for financial disclosure statements, and will make these forms available at the City Clerk’s office and on the city’s website, for easy downloading.
(D) By July 15 of each year, the Ethics Commission must review all annual financial disclosure statements filed with it to determine whether any person required to file such a statement has failed to file it, has filed a deficient statement or has filed a statement that reveals a possible or potential violation of this code. If the Commission determines that an annual or transactional disclosure statement is deficient or reveals a possible or potential violation of this code, the Commission will notify the person in writing of the deficiency or possible or potential violation, and of the penalties for failure to comply with this code.
(Ord. 015-175, passed 2-23-2015)