Section
General Provisions
38.01 Title
38.02 Findings
38.03 Purpose and authority
38.04 Definitions
Standards of Conduct
38.10 Conflicts of interest in general
38.11 Conflicts of interest in contracts - KRS 61.252
38.12 Incompatible offices
38.13 Withdrawal from participation
38.14 Receipt of gifts
38.15 Use of city property, equipment and personnel
38.16 Representation of interest before city government
38.17 Misuse of confidential information
38.18 Political solicitation
38.19 Patronage
38.20 Outside employment
38.21 Post-employment restriction
38.22 Fees and honoraria
38.23 Endorsements
38.24 Complicity with or knowledge of others’ violations
38.25 Falsely impugning reputation
38.26 Meeting attendance
38.27 Social media
38.28 Email
Financial Disclosure
38.40 Who must file
38.41 When to file statements; amended statements
38.42 Form of the statement of financial interest
38.43 Control and maintenance of the statements of financial interests
38.44 Contents of the financial interest statement
38.45 Noncompliance with filing requirement
Nepotism
38.50 Nepotism prohibited
Enforcement
38.60 Board of Ethics created
38.61 Alternate members
38.62 Facilities and staff
38.63 Annual meeting
38.64 Powers and duties of the Board of Ethics
38.65 Annual reports and annual review of ethics code
38.66 Filing and investigation of complaints
38.67 Notice of hearings
38.68 Hearing procedure
38.69 Appeals
38.70 Limitation of actions
38.71 Advisory opinions
38.72 Reprisals against persons disclosing violations prohibited
38.99 Penalty
GENERAL PROVISIONS
The city finds and declares that:
(A) Public office and employment with the city are public trusts.
(B) The vitality and stability of the government of this city depends upon the public's confidence in the integrity of its elected and appointed officers and employees. Whenever the public perceives a conflict between the private interests and public duties of a city officer and employee, that confidence is imperiled.
(C) The government of this city has a duty to provide its citizens with standards by which they may determine whether public duties are being faithfully performed, and to make its officers and employees aware of the standards with which the citizenry rightfully expects them to comply in conducting their public duties.
(Ord. 6-2022, passed 11-7-22)
(A) It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the city shall be clearly established, uniform in their application, and enforceable, and to provide the officers and employees of the city with advice and information concerning potential conflicts of interest that may arise in the conduct of their public duties.
(B) It is the further purpose of this chapter to meet the requirements of KRS 65.003 as enacted by the 1994 Kentucky General Assembly.
(C) This chapter is enacted under the power vested in the city by KRS 82.082 and pursuant to requirements of KRS 65.003.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
As used in this chapter, unless the context clearly requires a different meaning:
“BUSINESS.” Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, professional service corporation, or any legal entity through which business is conducted for profit.
“BOARD OF ETHICS.” The City Board of Ethics created and vested by this chapter with the responsibility of enforcing the requirements of the city’s code of ethics.
“CANDIDATE.” Any individual who seeks nomination, appointment or election to a city office. An individual is a “CANDIDATE” when the individual files a notification and declaration for nomination for office with the County Clerk or Secretary of State, or is nominated for office by a political party, or files a declaration of intent to be a write-in candidate with the County Clerk or Secretary of State.
“CITY.” The City of Shively, Kentucky.
“CITY AGENCY.” Any board, commission, authority, nonstock corporation, or other entity created, either individually or jointly, by this city.
“CITY BUSINESS.” Any discussion of specific city issues that goes beyond general information.
“CONFIDENTIAL INFORMATION.” Information obtained in the course of holding public office or employment, or as a contractor to the city, that is not available to members of the public, and that the officer or employee is not authorized to disclose, except to designated individuals or bodies, including written and unwritten information. When such information is also available through channels open to the public, officers and employees are not prohibited from disclosing the availability of those channels.
“CONSULTANT.” An independent contractor, professional person, or entity engaged by the city or advising a city officer, and in a position to influence a city decision or action, or having access to confidential information.
“CUSTOMER” or “CLIENT.”
(1) Any person or entity that has supplied goods or services during the previous twenty-four (24) months, having a total value greater than ten thousand dollars ($10,000); or
(2) Any person or entity to whom an officer’s or employee’s outside employer or business has supplied goods or services during the previous twenty-four (24) months, having a total value greater than ten thousand dollars ($10,000), but only if the officer or employee knows or has reason to know the outside employer or business supplied the goods or services.
"DOMESTIC PARTNER." An adult, unrelated by blood, with whom an unmarried or separated officer or employee has an exclusive committed relationship, maintains a mutual residence and shares basic living expenses.
“EMPLOYEE.” Any person, whether full-time, part-time or seasonal, and whether paid or unpaid, who is employed by or provides service to the city. The term “EMPLOYEE” shall not include any contractor or subcontractor or any of their employees.
“FAMILY MEMBER.” A spouse, domestic partner, and, whether by blood, adoption, marriage, guardianship, or domestic partnership, parent, child, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents, spousal grandparents or grandchild.
“FINANCIAL BENEFIT.” Includes any money, service, license, permit, contract, authorization, loan, discount, travel, entertainment, hospitality, gratuity, or any promise of any of these, or anything else of value. This term does not include legal campaign contributions.
“FINANCIAL INTEREST.” A relationship to something where a direct or indirect financial benefit has been, will be, or might be received as a result of the relationship.
“HOUSEHOLD.” Includes anyone whose primary residence is in the officer's or employee's home, including non-relatives who are not paying rent or staff.
“IMMEDIATE FAMILY MEMBER.” A spouse, domestic partner, whether by blood, adoption, marriage, guardianship, or domestic partnership, a child who is not emancipated and who resides in the officer’s or employee’s household, or a person claimed by the officer or employee, or the officer’s or employee’s spouse or domestic partner, as a dependent for tax purposes.
“OFFICER.” Any person, whether full-time or part-time, and whether paid or unpaid, who is one of the following:
(1) The Mayor.
(2) A member of the City Council.
(3) The City Clerk.
(4) The assistant to the Mayor.
(5) The Police Chief.
(6) The Fire Chief.
(7) Any person who occupies a nonelected office created under KRS 83A.080.
(8) A member of the governing body of any city agency who has been appointed to the governing body of the agency by the city.
“OFFICIAL ACT.” Any legislative, administrative, appointive, or discretionary act of any public official or employee of the city or any agency, board, committee or commission thereof.
“PERSONAL BENEFIT.” Includes benefits other than those that are directly financially advantageous. These include financial benefits to immediate family members, business associates, as well as non-financial benefits to these people and to oneself, including such things as reputation and the success of one’s career.
“PERSONAL INTEREST.” A relationship to something where a personal benefit has been, will be, or might be obtained by certain action or inaction with respect to it.
“SOCIAL MEDIA.” Content created by individuals using the internet. Examples of social media include Facebook, Instagram, YouTube, Twitter, LinkedIn, Snapchat, Reddit, and blogs.
“SUBORDINATE.” Another official or employee over whose activities an official or employee has direction, supervision, or control.
“SUBSTANTIAL DEBTOR OR CREDITOR.” Any person or business owed more than ten thousand dollars ($10,000), except for debts arising from the purchase of a primary residence or the purchase of consumer goods, which are bought or used primarily for person, family, or household purposes.
“TRANSACTION.” Any matter, including but not limited to, contracts, work, or business with the city, the sale or purchase or real estate by the city, and any request for zoning amendments, variances, or special permits pending before the city, upon which a public officer or employee performs an official act or action.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
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