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 Northern Kentucky Ethics Enforcement Committee as created by the Northern Kentucky Regional Ethics Authority and vested by this chapter with the responsibility of enforcing the requirements of the city's code of ethics.
BUSINESS ASSOCIATE. This term includes the following:
(1) A private employer;
(2) A general or limited partnership, or a general or limited partner within the partnership;
(3) A corporation that is family owned or in which all shares of stock are closely held, and the shareholders, owners, and officers of such a corporation;
(4) A corporation, business association, or other business entity in which the city government officer, employee or agent serves as a compensated member or representative.
BUSINESS ORGANIZATION. 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 or election to a city government office covered by this code of ethics. An individual is a CANDIDATE when the individual:
(1) Files a notification and declaration for nomination for office with a City Clerk or the Secretary of State; or
(2) Is nominated for office by a political party under KRS 118.105, 118.115, 118.325, or 118.760.
CITY GOVERNMENT AGENCY. Any board, commission, authority, non-stock corporation, task force or other entity formed by the city government or a combination of city governments.
CITY GOVERNMENT AGENT. Any person, whether compensated or not, whether full-time or part-time, employed by or serving a city government agency who is not a city government officer or employee, but shall not mean any employee of a school district or school board.
CITY GOVERNMENT EMPLOYEE. Any person, whether compensated or not, whether full- time or part-time, employed by or serving the city government who is not a city government officer, but shall not mean any employee of a school district or school board.
CITY GOVERNMENT OFFICER. Any person, whether compensated or not, whether full- time or part-time, who is elected or appointed to the city government office covered by this code of ethics.
MEMBERS OF IMMEDIATE FAMILY. A spouse, an unemancipated child residing in an individual's household, a person claimed by the individual or individual's spouse as a dependent for tax purposes, or a person with whom the individual maintains a close economic or personal association.
RULE OF NECESSITY. The city government, agency or district may make or enter into a contract in which an officer, employee, agent or members of his/her immediate family or a business associate has an economic interest if the nature of the transaction and the nature of the interest is publicly disclosed on the record prior to the time it is engaged in; and a specific finding is made by the city government, agency, or district and is so entered on the official record of the proceedings of the governing body that, notwithstanding the conflict, it is in the best interest of the local government because of limited supply, price, or documented emergency.
(Ord. 94-013, passed 12-12-94; Am. Ord. 2004-004, passed 7-12-04)
(A) No city government officer, employee or agent or member of his/her immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity, which is in substantial conflict with the proper discharge of his/her duties in the public interest.
(B) No city government officer, employee or agent shall use or attempt to use his/her official position to secure unwarranted privileges or advantages for himself/herself or others.
(C) No city government officer or employee shall solicit or accept any gift having a fair market value of more than one hundred dollars ($100.00), per organization, per calendar year, 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/her public duties. This provision shall not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elected public office as governed by the Kentucky Revised Statutes.
(D) No city government officer, employee or agent shall be prohibited from giving or receiving an award publicly presented in recognition of public service, commercially reasonable loans made in the ordinary course of the lender’s business, or reasonable hosting, including travel and expenses, entertainment, meals or refreshments furnished in connection with public events, appearances, ceremonies or fact finding trips related to official county government business.
(E) No city government officer, employee or agent shall use, or allow to be used, his/her public office or employment, or any information, not generally available to the members of the public which he/she receives or acquires in the course of and by reason of his/her office or employment, for the purpose of securing financial gain for himself, any member of his/her immediate family, or any business organization with which he is associated except under the “rule of necessity.”
(F) No city government officer or agent shall be deemed in conflict with these provisions, if, by reason of his/her participation in the enactment of any ordinance, resolution or other matter required to be voted upon or which is subject to executive approval or veto, no material or monetary gain accrues to him/her as a member of any business, profession, occupation or group, to any greater extent than any gain could reasonably be expected to accrue to any other member of such business, profession, occupation or group.
(G) No elected city government officer shall be prohibited from making an inquiry for information of providing assistance on behalf of a constituent, if no fee, reward or other thing of value is promised to, given to or accepted by the officer or a member of his/her immediate family, whether directly or indirectly, in return therefore.
(H) Nothing shall prohibit any city government officer, employee or agent or members of his/her immediate family, from representing himself/herself, or themselves, in negotiations or proceedings concerning his/her, or their, own interests.
(Ord. 94-013, passed 12-12-94) Penalty, see § 10.99
The following classes of officers and employees of the City of Union and city agencies shall file an annual statement of financial interests with the Board of Ethics:
(A) Elected city officials (required by KRS 65.003).
(B) Candidates for elected city office (required by KRS 65.003).
(C) Members of the city Planning and Zoning Commission and Board of Adjustment.
(D) City Administrator and City Clerk/Treasurer.
(E) Appointed members of the city’s Urban Renewal Agency.
(F) Members of the Board of Ethics created by this section.
(G) Non-elected officers and employees of the city or an city agency who are authorized to make purchases of materials or services, or award contracts, leases or agreements involving expenditure of more than five hundred dollars ($500.00) per purchase.
(H) Management personnel such as chief deputies and department heads.
(I) Members of boards and commissions which set tax rates, have procurement authority, or vote to adopt budget.
(Ord. 94-013, passed 12-12-94; Am. Ord. 95-002, passed 3-13-95; Am. Ord. 2006-004, passed 3-13-06) Penalty, see § 10.99
(A) Hiring members of immediate family is strongly discouraged. However, in those rare instances where it is beneficial to the city and/or office to hire a member of the immediate family, under no circumstances shall that person receive compensation, benefits or other job consideration not given to other employees of similar classification or job requirements. Also, for the member of the immediate family to be considered for employment, he/she must possess those qualifications required of other job applicants. If the hiring of a member of immediate family takes place, the Mayor shall notify the City Ethics Commission of his/her action.
(B) Any violation of this section shall be grounds for dismissal from employment of such immediate family member.
(Ord. 94-013, passed 12-12-94)
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