(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DOMESTIC PARTNER. An adult, unrelated by blood, with which 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, seasonal, temporary, and whether paid or unpaid, who is employed or provides service to the city. The term EMPLOYEE shall not include any contractor or subcontractor or any of their employees.
ETHICS COMMISSION or COMMISSION. The City of Stanford Ethics Commission which is created and vested by the ordinance codified herein with the responsibility of enforcing the requirements of the city’s code of ethics.
FAMILY MEMBER. A spouse, domestic partner, parent, stepparent, child, stepchild, brother, stepbrother, sister, stepsister, half sibling, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
IMMEDIATE FAMILY MEMBER. A spouse, domestic partner, child, or step-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 as a dependent for tax purposes.
FINANCIAL BENEFIT. Includes any money, service, license, permit, contract, authorization, load, discount, travel, entertainment, hospitality, gratuity, or any promise of any of these, or anything else of value. The term does not include campaign contribution authorized by law.
FINANCIAL INTEREST. A relationship to something such that a direct or indirect financial benefit has been, will be, or might be received as a result of it.
HOUSEHOLD. Includes anyone whose primary residence is in the officer’s or employee’s home, including non-relatives who are not rent payers or servants.
OFFICER. Any person, whether full-time or part-time, and whether paid or unpaid, who is one of the following:
(a) Mayor;
(b) Legislative body member;
(c) City Clerk;
(d) City Manager;
(e) City Administrator:
(f) Police Chief;
(g) Fire Chief;
(h) Any other person that occupies a nonelected office created pursuant to KRS 83A.080; and
(i) 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 relatives, business associates, and others listed in 100(1), 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 such that a personal benefit has been, will be, or might be obtained by certain action or inaction with respect to it.
RELATIVE. A spouse, child, step-child, brother, sister, parent, step-parent, or a person claimed as a dependent on the officer’s or employee’s latest individual state income tax return.
SUBORDINATE. Another official or employee over whose activities an official or employee had direction, supervision, or control.
TRANSACTION. Any matter, including, but not limited to, contracts, work, or business with the city, the sale or purchase of 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.
(B) Nepotism prohibited.
(1) No officer or employee of the city or a city agency shall advocate, recommend, or cause the:
(a) Employment;
(b) Appointment;
(c) Promotion;
(d) Transfer;
(e) Advancement; or
(f) Discipline of a family member and/or domestic partner to an office or position of employment with the city or a city agency.
(2) No officer or employee of the city or a city agency shall supervise or manage the work of a family member.
(3) No officer or employee shall participate in any action relating to the employment or discipline of a family member, except that this prohibition shall not prevent an elected or appointed officer from voting on or participating in the development of a budget which includes compensation for a family member, provided that the family member is included only as a member of a class of person or a group, and the family member benefits to no greater extent than any other similarly situated member of the class or group.
(4) The prohibitions in this section shall not apply to any relationship or situation that would violate the prohibition, but which existed prior to June 4, 2015.
(5) If in reviewing applications and/or appointments and no other individual is qualified for the contemplated position except one that would violate the provisions of this section, the City Council shall have the ability to grant an exception to the rule imposed by this section, however such an exception may only be granted by unanimous vote of said Council.
(Prior Code, § 39.22) (Ord. 120.7A, passed 5-12-2015) Penalty, see § 39.99