(A) Duties of the Enforcement Agent.
(1) Regardless of who is designated to enforce the city's ethics code, KRS 65.003 sets forth the basic duties required of the enforcement agent. The basic duties include:
(a) Maintenance of financial disclosure statements;
(b) Receipt of complaints alleging possible violations;
(c) Issuance of opinions in response to inquiries;
(d) Investigation of possible violations; and
(e) Imposition of penalties.
(2) The enforcement agent in interpreting and applying the provisions of this act shall recognize that under the principles of democracy, public officers and employees cannot and should not be expected to be without any personal interest in the decisions and policies of government; that citizens who are government officers and employees have a right to private interest of a personal, financial, and economic nature; and that standards of conduct shall distinguish between those conflicts of interest which are prejudicial and material and are, therefore, corruptive of democracy and free society.
(B) Penalties.
(1) Each clause has a suggested course of action as a penalty for violation of that clause. However, this is not to suggest that further criminal or civil action or fines or penalties could be recommended.
(2) Any penalties shall not violate any provisions of the Kentucky Revised Statutes or future statutes which shall be enforced.
(3) Changes to this chapter in regards to fine, penalties and forfeitures may be imposed by the Council at a later date to further insure compliance with the ordinance.
(4) The City Attorney has the statutory duty to pursue enforcement of the penalties in the appropriate court etc. for the violation of city ordinances. However, in the case of a possible conflict another independent attorney will be appointed.
(C) Enforcement Committee.
(1) Will be composed of three citizens for a term of three years and members may be reappointed.
(2) Will be recommended by the Mayor and approved by the Council.
(3) The City Attorney could be asked to offer legal advice or provide any information that the Enforcement Committee may request, providing that there is not a conflict of interest.
(4) Subject to the requirements of the Kentucky Open Records Law, advisory opinions of the ethics board (or enforcement officer) shall not be made public, except when the ethics board by the vote of two-thirds of all of its members (or when the enforcement officer) directs that the opinion be made public. Public advisory opinions shall not disclose the name of the local government officer or employee, unless the Ethics Board (or enforcement officer) in directing that the opinion be made public so determines.
(Ord. 503, passed 10-4-94)