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If the Board of Ethics determines that a hearing regarding allegations contained in the complaint is necessary, the Board shall issue an order setting the matter for a hearing within thirty (30) days of the date the order is issued, unless the respondent petitions for and the Board consents to a later date. The order setting the matter for hearing, along with a copy of any pertinent regulations of the Board relating to the hearing, shall be sent to the respondent within twenty-four (24) hours of the time the order setting a hearing is issued.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
(A) The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall not apply to hearings conducted by the Board of Ethics; however, the hearings shall be conducted in accordance with this section and in accordance with any additional rules and regulations adopted by the Board so as to afford all parties the full range of due process rights required by the nature of the proceedings.
(B) Prior to the commencement of the hearing, the respondent, or his or her representative, shall have a reasonable opportunity to examine all documents and records obtained or prepared by the Board in connection with the matter to be heard. The Board shall inform the respondent, or his or her representative, of any exculpatory evidence in its possession.
(C) All testimony in a Board hearing shall be taken under oath administered by the presiding officer. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to submit evidence, and to be represented by counsel. All witnesses shall have the right to be represented by counsel.
(D) Any person whose name is mentioned during the hearing, and who may be adversely affected thereby, may appear personally before the Board, with or without counsel, to give a statement regarding the adverse mention, or may file a written statement regarding the adverse mention for incorporation into the record of the proceeding.
(E) All hearings of the Board of Ethics shall be public, unless the members vote to go into executive session in accordance with KRS 61.810.
(F) After the conclusion of the hearing, the Board of Ethics shall, as soon as practicable, begin deliberations in executive session for the purpose of reviewing the evidence before it and making a determination whether a violation of this chapter has been proven. Within thirty (30) days after completion of the hearing, the Board shall issue a written report of its findings and conclusions.
(G) If the Board concludes in its report that no violation of this chapter has occurred, it shall immediately send written notice of this determination to the respondent and complainant.
(H) If it concludes in its report that, in consideration of the evidence produced at the hearing, there is clear and convincing proof of a violation of this chapter, the Board shall within fifteen (15) days:
(1) Issue an order requiring the respondent to cease and desist the violation.
(2) In writing, publicly reprimand the respondent for the violations, and provide a copy of the reprimand to the Mayor and City Council, or to the governing body of the city agency that the respondent serves.
(3) In writing, recommend to the Mayor and the City Council, or to the governing body of the city agency, that the respondent be sanctioned as recommended by the Board, which may include a recommendation for discipline, or for dismissal or removal from office.
(4) Issue an order requiring the respondent to pay a civil penalty of not more than one thousand dollars ($1,000).
(5) Refer evidence of criminal violations of this chapter or state laws to the County Attorney or Commonwealth Attorney of the jurisdiction for prosecution.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
Any person who is found guilty of a violation of any provision of this chapter by the Board of Ethics may appeal the finding to the Jefferson Circuit Court within thirty (30) days after the date of the final action of the Board of Ethics by filing a petition with the Court against the Board. The Board shall transmit to the Clerk of the Court all evidence considered by the Board at the public hearing.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
(A) The Board of Ethics may render advisory opinions concerning matters under its jurisdiction, based upon real or hypothetical facts and circumstances, upon its own initiative, or when requested by an officer or employee of the city or of a city agency who is covered by this chapter.
(B) An advisory opinion shall be requested in writing and shall state relevant facts and ask specific questions.
(C) All advisory opinions shall be public documents, except that, before an advisory opinion is made public, it shall be redacted so that the identity of any person associated with the opinion shall not be revealed.
(D) A written advisory opinion issued by the Board shall be binding on the Board in any subsequent proceeding concerning the facts and circumstances of the particular case, if no intervening facts or circumstances arise that would change the opinion of the Board if they had existed at the time the opinion was rendered. However, if any fact determined by the Board to be material was omitted or misstated in the request for an opinion, the Board shall not be bound by the opinion.
(E) A written advisory opinion issued by the Board shall be admissible in the defense of any criminal prosecution or civil proceeding for violations of this chapter for actions taken in reliance on that opinion.
(F) Advisory opinions will be indexed and maintained on file by the Board of Ethics and City Clerk, with unnecessary financial and personal details redacted, and will also be available on the city website. Officers, employees and businesses should be notified about advisory opinions that may directly affect their conduct.
(Ord. 18-1994, passed 11-21-94; Am. Ord. 6-2022, passed 11-7-22)
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