Loading...
§ 39.04  DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   BOARD OF ETHICS. The City of Stanford Board of Ethics, which is created and vested by this chapter with the responsibility of enforcing the requirements of the city’s code of ethics.
   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.
   CANDIDATE. Any individual who seeks nomination of 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. Refers to the City of Stanford, Kentucky.
   CITY AGENCY. Any board, commission, authority, nonstock corporation, or other entity created, either individually or jointly, by this city.
   ELECTED OFFICIAL. The Mayor and members of the legislative body.
   EMPLOYEE. Any person, whether full-time or part-time, 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.
   IMMEDIATE FAMILY MEMBER. A spouse, an unemancipated child residing 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, 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 legislative body member;
      (3)   The City Clerk;
      (4)   Any person who occupies a nonelected office created under KRS 83A.080; and
      (5)   A member of the governing body of any city agency who has been appointed to the governing body of the agency of the city.
(Prior Code, § 39.04)  (Ord. 120.7, passed 10-6-1994)
STANDARDS OF CONDUCT
§ 39.15  CONFLICTS OF INTEREST IN GENERAL.
   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 which 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 privileges or advantages for himself or herself or others.
(Prior Code, § 39.15)  (Ord. 120.7, passed 10-6-1994)  Penalty, see § 39.99
§ 39.16  CONFLICTS OF INTEREST IN CONTRACTS.
   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.
   (A)   This prohibition 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 this prohibition shall apply to the renewal of the contract.
   (B)   This prohibition 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 division (C) below are satisfied.
   (C)   This prohibition shall not apply in any case where the following requirements are satisfied:
      (1)   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;
      (2)   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;
      (3)   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 because of price, limited supply, or other specific reasons; or
      (4)   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.
(Prior Code, § 39.16)  (Ord. 120.7, passed 10-6-1994)  Penalty, see § 39.99
§ 39.17  RECEIPT OF GIFTS.
   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 $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.
(Prior Code, § 39.17)  (Ord. 120.7, passed 10-6-1994)  Penalty, see § 39.99
§ 39.18  USE OF CITY PROPERTY, EQUIPMENT, AND PERSONNEL.
   No officer or employee of the city shall use or permit the use of any city time, funds, equipment, or other personal or real property for the private use of any person, unless:
   (A)   The use is specifically authorized by a stated city policy; and
   (B)   The use is available to the general public, and then only to the extent and upon the terms that such use is available to the general public.
(Prior Code, § 39.18)  (Ord. 120.7, passed 10-6-1994)  Penalty, see § 39.99
§ 39.19  REPRESENTATION OF INTERESTS BEFORE CITY GOVERNMENT.
   (A)   No officer or employee of the city or any city agency shall represent any person or business, other than the city, in connection with any cause, proceeding, application, or other matter pending before the city or any city agency.
   (B)   Nothing in this section shall prohibit any officer or employee from representing himself or herself in matters concerning his or her own interests.
   (C)   No elected officer shall be prohibited by this section from making any inquiry for information on behalf of a constituent, if no compensation, reward, or other thing of value is promised to, given to, or accepted by the officer, whether directly or indirectly, in return for the inquiry.
(Prior Code, § 39.19)  (Ord. 120.7, passed 10-6-1994)  Penalty, see § 39.99
§ 39.20  MISUSE OF CONFIDENTIAL INFORMATION.
   No officer or employee of the city or any city agency shall intentionally use or disclose information acquired in the course of his or her official duties, if the primary purpose of the use or disclosure is to further his or her personal financial interest or that of another person or business. Information shall be deemed confidential, if it is not subject to disclosure pursuant to the state’s Open Records Act, KRS 61.872 to 61.884, at the time of its use or disclosure.
(Prior Code, § 39.20)  (Ord. 120.7, passed 10-6-1994)  Penalty, see § 39.99
§ 39.21  HONORARIA.
   (A)   No officer or employee of the city or a city agency shall accept any compensation, honorarium, or gift with a fair market value greater than $100 in consideration of an appearance, speech, or article unless the appearance, speech, or article is both related to the officer’s or employee’s activities outside of municipal service and is unrelated to the officer’s or employee’s service with the city.
   (B)   Nothing in this section shall prohibit an officer or employee of the city or any city agency from receiving and retaining from the city or on behalf of the city actual and reasonable out-of-pocket expenses incurred by the officer or employee in connection with an appearance, speech, or article, provided that the officer or employee can show by clear and convincing evidence that the expenses were incurred or received on behalf of the city or city agency and primarily for the benefit of the city or city agency and not primarily for the benefit of the officer or employee or any other person.
(Prior Code, § 39.21)  (Ord. 120.7, passed 10-6-1994)  Penalty, see § 39.99
Loading...