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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)
STANDARDS OF CONDUCT
Every officer and employee of the city and every city agency shall comply with the following standards of conduct:
(A) No officer or employee, or any immediate family member of any officer or employee, shall have an interest in a business or engage in any business, transaction or activity that is in substantial conflict with the proper discharge of the officer’s or employee’s public duties.
(B) No officer or employee shall intentionally use or attempt to use his or her official position with the city to secure unwarranted (or unsolicited) privileges or advantages for himself or herself or others.
(C) No officer or employee shall intentionally take, fail to take, or refrain from taking any discretionary action, or agree to take, fail to take, or refrain from taking any discretionary action, or induce or influence, or attempt to induce or influence any other officer or employee to take, fail to take, or refrain from taking any discretionary action, on any matter before the city in order to obtain a personal or financial benefit for any of the following:
(1) The officer or employee.
(2) A family member.
(3) An outside employer.
(4) Any business in which the officer or employee, or any family member has a financial interest, including, but not limited to:
(a) An outside employer or business of theirs, or of their family member, or someone who works for such outside employer or business;
(b) A customer or client; or
(c) A substantial debtor or creditor of theirs, or of their family member.
(5) Any business with which the officer or employee or any family member is negotiating or seeking prospective employment or other business or professional relationship.
(6) A person or entity from whom the officer or employee has received an election campaign contribution of a total of more than one hundred dollars ($100) during the past election cycle (this amount includes contributions from a person’s immediate family, or business, as well as contributions from an entity’s owners, directors, or officers, as well as contributions to the officer, or employee’s party committee, or non-candidate political committee).
(7) A non-governmental civic group, social, charitable, or religious organization of which they, or their immediate family member, is an officer or director.
(D) No officer or employee shall be deemed in violation of any provision in this section if, by reason of the officer’s or employee’s participation, vote, decision, action or inaction, no personal or financial benefit accrues to the officer or employee, a family member, an outside employer, or a business as defined in subsection (C)(4) and (C)(5) of this section, as a member of any business, occupation, profession, or other group, to any greater extent than any gain could reasonably be expected to accrue to any other member of the business, occupation, profession, or other group.
(E) Every officer or employee who has a prohibited financial interest, which the officer or employee believes or has reason to believe may be affected by his or her participation, vote, decision or other action taken within the scope of his or her public duties, shall disclose the precise nature and value of the interest, in writing, to the governing body of the city or city agency served by the officer or employee, and the disclosure shall be entered on the official record of the proceedings of the governing body. The officer or employee shall refrain from taking any action with respect to the matter that is the subject of the disclosure pursuant to § 38.13.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
(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 subsection (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, then the prohibition in subsection (A) of this section shall apply to the renewal of the contract, unless the requirements set forth in subpart (3) below are satisfied.
(2) The prohibition in subsection (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 subpart (3) below are satisfied.
(3) The prohibition in subsection (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 before the contract is executed, and because of, among other things, 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.
(B) Any violation of this section shall constitute a Class A misdemeanor, and upon conviction, the court may void any contract entered into in violation of this section and KRS 61.252. Additionally, a violation of this section shall be grounds for removal from office or employment with the city in accordance with any applicable provisions of state law and ordinances, rules or regulations of the city.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
(A) Pursuant to Section 165 of the Kentucky Constitution, no officer or employee of the city may also be a state officer, deputy state officer, or member of the General Assembly, or may fill more than one (1) municipal office at the same time, whether in the same or a different city.
(B) Pursuant to KRS 61.080, no city officer may also hold a county office. In addition, the statute also states that the following city and consolidated local government offices are incompatible with any other public office:
(1) Member of a legislative body of cities of the first class;
(2) Mayor and member of the legislative council of a consolidated local government; and
(3) Mayor and member of the legislative body in cities of the home rule class.
(C) In addition to the constitutional and statutory provisions, there are common law incompatibilities defined by the courts. City officers and employment positions are deemed incompatible when one office or position of employment is inherently inconsistent in function with the other. This incompatibility occurs when there arises an implication that the duties and responsibilities of both cannot be performed at the same time with a necessary degree of impartiality and honesty.
(D) KRS 61.090 provides that the acceptance of an incompatible office operates to vacate the first office.
(Ord. 6-2022, passed 11-7-22)
(A) An officer or employee must refrain from acting on, or discussing, formally or informally, a matter before the city, if acting on the matter, or failing to act on the matter, may personally or financially benefit any of the persons or entities listed is § 38.10(C) above. Such an officer or employee should leave the room if it is a public meeting conducted under KRS 61.810 and KRS 61.815.
(B) Withdrawal at a meeting requires the public announcement, on the record, of the reason for withdrawal.
(C) Ongoing conflict. An officer or employee whose outside employment, or other outside activity or relationship, can reasonably be expected to require more than sporadic withdrawal, must resign or cease such outside employment or activity. An officer or employee should not begin employment or an activity or relationship that can reasonably be expected to require more than sporadic withdrawal. If a prospective officer or employee is in such a situation, they should not accept the position with the city.
Ord. 6-2022, passed 11-7-22)
(A) No officer or employee of the city or any city agency shall directly, or indirectly through any other person or business, solicit or accept any gift having a fair market value of more than one hundred dollars ($100), whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or any other form under circumstances in which it could reasonably be inferred that the gift was intended to influence, or could reasonably be expected to influence the officer or employee in the performance of his or her public duties.
(B) Certain items are typically excluded from this provision. Examples of these items include:
(1) Gifts received from a family member.
(2) Gifts accepted on behalf of the city and transferred to the city.
(3) Reasonable travel and travel-related expenses, cost of admission, food and beverages, and entertainment furnished in connection with certain specified public events, appearances, ceremonies, economic development activities, or fact-finding trips related to official government business.
(4) Usual and customary loans made in the ordinary course of business.
(5) Awards, including certificates, plaques, and commemorative tokens presented in recognition of public service.
(6) Informational, promotional, and educational items.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
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