HomeMy WebLinkAbout97-3-565897
ss #31281
CITY OF PADUCAH
Ordinance No. 97-3-5658
ORDINANCE AMENDING ORDINANCE NO. 96-3-5470,
AN ORDINANCE ESTABLISHING A CODE OF
ETHICAL CONDUCT APPLICABLE TO THE OFFICERS
AND EMPLOYEES OF THE CITY, AND MANDATING
THAT CANDIDATES, FOR ELECTIVE CITY OFFICES
COMPLY WITH FINANCIAL DISCLOSURE
REQUIREMENTS.
WHEREAS, the City of Paducah, by adoption of Ordinance No. 94-12-
5229, established a code of ethical conduct applicable to the officers and employees
of the city; and
WHEREAS, the aforesaid ordinance made reference to and applied to
individuals who sought nomination or election to a city office; and
WHEREAS, by Ordinance No. 96-3-5470, the City of Paducah removed
all reference to "candidates" because the Ethics Board was advised that KRS 65.003,
as it then existed, did not authorize jurisdiction over individuals who sought
nomination or election to a city office; and
WHEREAS, by legislative enactment effective July 15, 1996, the
Kentucky Legislature amended KRS 65.003, and thereby specifically provided that
candidates for City elective offices are subject to financial disclosure requirements;
and
WHEREAS, the Board of Ethics has recommended the amendment of
the City of Paducah Code of Ethics to provide for the foregoing requirement as
hereinafter set forth;
NOW, THEREFORE, be it ordained by the legislative body of the City of
Paducah, Kentucky, as follows:
SECTION 1. Title.
This ordinance shall be known and may be cited as the "City of
Paducah Code of Ethics."
SECTION 2. Findings.
The legislative body of the city of Paducah finds and declares that:
(A) Public office and employment with the city are public trusts.
(B) The vitalit)y and stability of the government of this city
depends upon the public's confidence in the integrity of its elected and appointed
officers and employees. Whenever the public perceives a conflict between the private
interests and public duties of a city officer or employee, that confidence is imperiled.
(C) The government of this city has a duty to provide its citizens
with standards by which they may determine whether public duties are being faithfully
performed, and to make its officers and employees aware of the standards which the
citizenry rightfully expects them to comply with while conducting their public duties.
SECTION 3. Purpose and Authority.
(A) It is the purpose of this ordinance to provide a method of
assuring that standards of ethical conduct and financial disclosure requirements for
officers and employees of the city shall be clearly established, uniform in their
.•
application, and enforceable, and to provide the officers and employees of the city
with advice and information concerning potential conflicts of interest which might arise
in the conduct of their public duties.
(B) It is the further purpose of this ordinance to meet the
requirements of House Bill 238 as enacted by the 1994 Kentucky General Assembly.
(C) This ordinance is enacted under the power vested in the
city by KRS 82.082 and pursuant to requirements of KRS Chapter 65.
SECTION 4. Definitions.
As used in this ordinance, unless the context clearly requires a different
meaning:
(A) "Business" means any corporation, limited liability company,
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.
(B) "Board of Ethics" means the city of Paducah Board of Ethics
which is created and vested by this ordinance with the responsibility of enforcing the
requirements of the city's code of ethics.
(C) "City" refers to the city of Paducah, Kentucky.
(D) "Gift" means something of value that is given or bestowed..
but shall not be interpreted to mean any lawful campaign donation given to any
candidate.
(E) "Employee" means any person, whether compensated or
not, whether full-time or part-time, and employed by or serving the city. The term
"employee" shall not include any contractor or subcontractor or any of their
employees.
(F) "Family member" means a spouse, parent, child, step -child,
brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent or
grandchild.
(G) "Immediate family member" means 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.
(H) "Officer" means 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 manager.
(1) "Candidate" means any individual who seeks nomination or
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.
STANDARDS OF CONDUCT
SECTION 5. Conflicts of Interest in General.
Every officer and employee of the city shall comply with the following
standards of conduct:
.,.... ,_Io r .. _ [, , 'F —1 1v1. -.4 . —, F— ,
M
(A) No 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.
(C) No officer or employee shall intentionally take or refrain
from taking any discretionary action, or agree to take or refrain from taking any
discretionary action, or induce or attempt to induce any other officer or employee to
take or refrain from taking any discretionary action, on any matter before the city in
order to obtain a financial benefit for any of the following:
(1) The officer or employee.
(2) A family member.
(3) An outside employer.
(4) Any business in which the office or employee, or any
family member, has a financial interest.
(5) Any business with which the officer or employee or
any family member is negotiating or seeking prospective employment or other
business or professional relationship.
(D) No officer or employee shall be deemed in violation
of any provision in this section if, by reason of the officer's or employee's
participation, vote, decision, action, or inaction, no financial benefit accrues to the
officer or employee, a family member, an outside employer, or a business as defined
in subsection (C) (4) and (C) (5) of this section, as a member of any business,
occupation, profession, or other group, to any greater extent than any gain could
reasonably be expected to accrue to any other member of the business, occupation,
profession, or other group.
(E) Every officer or employee who has a prohibited
financial interest which the officer or employee believes or has reason to believe may
be affected by his or her participation, vote, decision, or other action taken within the
scope of his or her public duties shall disclose the precise nature, in writing, to the
governing body of the city served by the officer or employee, and the disclosure shall
be entered on the official record of the proceedings of the governing body. The
officer or employee shall refrain from taking any action with respect to the matter that
is the subject of the disclosure.
SECTION 6. Conflicts of Interest in Contracts (KRS 61.252.
In addition to the terms and provisions of this ordinance, all officers and
employees of the City shall be made aware of, and at all times comply with, the terms
and provisions of KRS 61.252, or any amendments thereto, pertaining to conflicts of
interest in contracts.
SECTION 7. Receipt of Gifts.
No officer or employee of the city shall directly, or indirectly through
any other person or business, solicit or accept any gift having a fair market value of
more than one hundred dollars ($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.
SECTION 8. Use of City Property, Equipment, and Personnel.
100
(A) No officer or employee of the city shall use or permit
the use of city time, funds, personnel, equipment, or other personal or real property
for the private use of any person, unless:
(1) The use is specifically authorized by a stated
city policy.
(2) 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.
1
C SECTION 9. _Representation of Interests Before City Government.
(A) No officer or employee of the city shall represent any
person or business, other than the city, in connection with any cause, proceeding,
application, or other matter pending before the city.
(B) Nothing in this section shall prohibit an employee from
representing another employee or employees where the representation is within the
context of official labor union or similar representational responsibilities.
(C) Nothing in this section shall prohibit any officer or employee
from representing himself or herself in matters concerning his or her own interests.
(D) 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.
SECTION 10. Misuse of Confidential Information.
No officer or employee of the city shall intentionally use or disclose
information acquired in the course or 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 Kentucky Open Records Act, KRS 61.872 to
61.884, at the time of its use or disclosure.
SECTION 11. Honoraria.
(A) No officer or employee of the city 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 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 and primarily for the benefit of the city and not primarily for the
benefit of the officer or employee or any other person.
FINANCIAL DISCLOSURE
SECTION 12. Who Must File.
The following classes of officers and employees of the city shall file an
annual statement of financial interests with the Board of Ethics:
(A) Elected city officials.
(B) City Manager.
IQ Candidates for elected city offices.
101
SECTION 13. When to File Statements; Amended Statements.
(A) The initial statement of financial interests required by
this section shall be filed with the Beard of Ethics, or the administrative official
designated as the custodian of its records by the Board of Ethics, no later than 5:00
p.m., April 15, 1995. All subsequent statements of financial interest shall be filed no
later than 5:00 p.m. on April 15 of each year, provided that:
(1) An officer or employee newly -appointed to fill
�\ an office or position of employment with the city shall file his or her initial statement no
y later than thirty (30) days after the date of the appointment.
(2) A candidate for city office shall file his or her
initial statement no later than thirty (30) days after the date on which the person
becomes a candidate for elected city office.
(B) The Board of Ethics may grant a reasonable
extension of time for filing a statement of financial interests for good cause shown.
(C) In the event there is a material change in any
information contained in a financial statement that has been filed with the Board, the
officer or employee shall, no later than thirty (30) days after becoming aware of the
material change, file an amended statement with the Board.
SECTION 14. Form of the Statement of Financial Interests.
Those persons listed in Section 12 herein shall file their statement of
financial interests on a form prescribed by the Board of Ethics. The Office of the City
Clerk shall have available the prescribed form for those requesting. It shall be the
obligation and responsibility of the filer to obtain the prescribed form from the Office of
the City Clerk.
SECTION 15. Control and Maintenance of the Statements of Financial
Interests.
(A) The Board of Ethics shall be the "official custodian" of the
statements of financial interests. The City Clerk shall assist the Board of Ethics in its
custodial duties.
(B) The detention and destruction schedules for Statements of
Financial Interests shall be in conformity with regulations to be promulgated by the
Kentucky Archives and Records Commission pursuant to KRS 171.420; however, until
schedules are promulgated the following interim time frames shall apply:
(1) Upon the expiration of three (3) years after a person
ceases to be an officer or employee of the city the Board of Ethics shall direct the City
Clerk to destroy any statements of financial interests or copies of those statements
filed by the person.
(2) Upon the expiration of six (6) months after any
election at which a candidate for elected city office was not elected or nominated, the
Board shall direct the City Clerk to destroy any statements of financial interests or
copies of those statements filed by the person.
SECTION 16. Contents of the Financial Interests Statement.
(A) The statement of financial interests shall include the
following information for the preceding calendar year:
(1) The name, current business address, business
telephone number, and home address of the filer.
of employment.
(2) The title of the filer's office, office sought, or position
-r— r .ice—r' a-a,.;z F",rc
102
(3) The occupation of the filer and the filer's spouse.
(4) Information that identifies each source of income of
the filer and the filer's immediate family members exceeding five thousand dollars
($5,000) during the preceding calendar, year, and the nature of the income (e.g.,
salary, commission, dividends, retirement fund distribution, etc.).
(5) The name and address of any business, if the
business has engaged in any business transactions with the city during the past three
(3) years, or which is anticipated to engage in any business transactions with the city,
in which the filer or any member of the filer's immediate family had at any time during
the preceding calendar year an interest of ten thousand dollars ($10,000) at fair
market value or five percent (5%) ownership interest or more.
(6) A designation as commercial, residential, or rural,
and the location of all real property within the county, other than the filer's primary
residence, in which the filer or any member of the filer's immediate family had during
the preceding calendar year an interest of ten thousand dollars ($10,000) or more.
(7) Each source, by name and address, of gifts or
honoraria having an aggregate fair market value of one hundred dollars ($100) or
more from any single source who the filer knows, or upon diligent inquiry should
know, has a business, contractual, or similar relationship with the city, excluding such
relationships as taxpayer, license holder and citizen. Neither the filer or any member
of the filer's immediate family shall be required to include gifts they have received
from immediate family members.
(8) The name and address of financial institutions with
whom the filer and filer's immediate family has had a deposit or borrowing relationship
during the past 12 months.
(B) Nothing in this section shall be construed to require any
officer or employee to disclose any specific dollar amounts nor the names of
individual clients or customers of businesses listed as sources of income.
SECTION 17. Noncompliance With Filing Requirement.
(A) The Board of Ethics, or the designated administrative
official, shall notify by certified mail each person required to file a statement of
financial interests who fails to file the statement by the due date, files an incomplete
statement, or files a statement in a form other than that prescribed by the Board. The
notice shall specify the type of failure or delinquency, shall establish a date by which
the failure or delinquency shall be remedied, and shall advise the person of the
penalties for a violation.
(B) Any person who fails or refuses to file the statement or who
fails or refuses to remedy a deficiency in the filing identified in the notice under
subsection (A) within the time period established in the notice shall be guilty of a civil
offense and shall be subject to a civil fine imposed by the Board in an amount not to
exceed twenty-five dollars ($25) per day, up to a maximum total civil fine of five
hundred dollars ($500). Any civil fine imposed by the Board under this section may
be recovered by the city in a civil action in the nature of debt if the offender fails or
refuses to pay the penalty within a prescribed period of time.
(C) Any person who intentionally files a statement of financial
interests which he or she knows to contain false information or intentionally omits
required information shall be guilty of a Class A misdemeanor.
NEPOTISM
SECTION 18. Nepotism Prohibited.
(A) No family member of any elected city official or the city
manager shall be appointed to any office or hired as an employee of the city during
the city official's term or the city manager's employment. Nothing in this section shall
prohibit any person from being a candidate for city office or from serving as a city
-- �mP �.g� m,3, � .�,.� , ._, i I I I -�. ,. -:1 6_. ..-.,, . , �� _., . ,-.-;,7` `�,, "".
103
official or city manager because family members were employed by the city at the
time the term of office commenced.
(B) No officer or employee of the city shall advocate,
recommend, or cause the:
(1) employment;
(2) appointment;
(3) promotion;
(4) transfer; or
(5) advancement
of a family member to an office or position of employment with the city.
(C) No officer or employee of the city shall directly supervise or
manage the work of a family member.
(D) 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 official 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
persons or a group, and the family member benefits to no greater extent than any
other similarly situated member of the class or group.
(E) The nepotism prohibited in this section shall not prevent the
hiring of family members as seasonable employees, for example, in parks, recreation,
or floodwall department, provided that their employment does not exceed more than
100 days in any calendar year and the city makes a finding that the employment is in
the best interest of the public.
(F) The prohibitions in this section shall not apply to any
relationship or situation that would violate the prohibition, but which existed prior to
December 1, 1994.
ENFORCEMENT
SECTION 19. Board of Ethics Created.
(A) There is hereby created a Board of Ethics which shall have
the authorities, duties, and responsibilities as set forth in this ordinance to enforce the
provisions of this ordinance.
(B) The Board of Ethics shall consist of three (3) members who
shall be appointed by the Mayor, subject to the approval of the City Commission. The
initial members of the Board of Ethics shall be appointed within sixty (60) days of the
effective date of this ordinance. No member of the Board of Ethics shall hold any
elected or appointed office, whether paid or unpaid, or any position of employment
with the city or any city board, city commission, or similar city agency. The members
shall serve for a term of three (3) years; except that with respect to the members
initially appointed, one (1) member shall be appointed for a term of one (1) year, one
(1) member shall be appointed for a term of two (2) years, and one (1) member shall
be appointed for a term of three (3) years. Thereafter, all appointments shall be for a
term of three (3) years. Each member of the Board of Ethics shall have been a
resident of the city for at least one (1) year prior to the date of the appointment and
shall reside in the city throughout the term in office. The members of the Board of
Ethics shall be chosen by virtue of their known and consistent reputation for integrity
and their knowledge of local government affairs. The members may be re -appointed
for three consecutive full (3 -year) terms.
(C) A member of the Board of Ethics may be removed by the
Mayor, subject to the approval of the City commission for misconduct, inability, or
. ,-m:.:'m^Immt.:gx r.�r._�.�..,n-�.� -. �.T .� T:r,:--!-rrm�r..,�rmiwi+sampryaT,m o.-rrrrn..m..1: .� T Tj. I 1 .=:.•rr -�.r., .r. -.;g ra rt�n.....,.i ,—' ---r=—r...;.,..—"'wlF a: r""';.'s """.
104
willful neglect of duties. Before any member of the Board of Ethics is removed from
office under this section, the member shall be afforded the opportunity for a hearing
before the City Commission.
(D) Vacancies on the Board of Ethics shall be filled within sixty
(60) days by the Mayor, subject to the approval of the City Commission. If a vacancy
is not filled by the executive authority within sixty (60) days, the remaining members of
the Board of Ethics shall fill the vacancy. All vacancies shall be filled for the
remainder of the unexpired term.
(E) Members of the Board of Ethics shall serve without
compensation, unless otherwise approved by the legislative body.
(F) The Board of Ethics shall, upon the initial appointment of its
members, and annually thereafter, elect a chairperson from among the membership.
The chairperson shall be the presiding officer and a full voting member of the Board.
(G) The Board of Ethics shall meet at least once annually.
Thereafter, all meetings of the Board of Ethics shall be held, as necessary upon the
call of the chairperson or at the written request of a majority of the members.
(H) The presence of two (2) or more members shall constitute a
quorum and the affirmative vote of two (2) or more members shall be necessary for
any official action to be taken. Any member of the Board of Ethics who has a conflict
of interest with respect to any matter to be considered by the Board shall disclose the
nature of the conflict, shall disqualify himself or herself from voting on the matter, and
shall not be counted for purposes of establishing a quorum.
(1) Minutes shall be kept for all proceedings of the Board of
Ethics and the vote of each member on any issue decided by the Board shall be
recorded in the minutes. Upon request of the Board of Ethics the City Clerk shall
attend their meetings and assist in administerial duties, including maintaining the
minutes of their meetings.
� 1
" SECTION 20. Powers and Duties of the Board of Ethics.
The Board of Ethics shall have the following powers:
(A) To initiate, receive, hear, and review complaints and hold
hearings regarding possible violations of the Ethics Code;
(B) To forward to appropriate agencies of state and local
government information concerning violations which may be used in criminal or other
proceedings;
(C) To render advisory opinions to city officers and employees
regarding whether a given set of facts and circumstances constitutes a violation of any
provisions of the Code of Ethics.
(D) To enforce the provisions of the Code of Ethics with regard
to local government officers and employees and to impose penalties for violations as
authorized; and
(E) To retain the services of attorneys, accountants, or other
advisors who are independent of the city upon terms and conditions approved by
Board of Commissioners.
(F) To adopt rules and regulations reasonable and necessary to
implement the Ethics Code and its maintenance of all financial disclosure statements.
(G) Any person who fails or refuses to obey a lawful order
issued in the exercise of the powers of the Board of Ethics shall be guilty of a Class A.
Misdemeanor.
(H) Decisions of the Board of Ethics regarding violations shall
be appealable to the Circuit Court.
I
105
SECTION 21. Filing and Investigation of Complaints.
(A) All complaints alleging any violation of the provisions of this
ordinance shall be submitted to the Board of Ethics, or the administrative official
designated by the Board of Ethics. All complaints shall be in writing, signed by the
complainant, and shall meet any other requirements established by the Board of
Ethics. The Board of Ethics shall acknowledge receipt of a complaint to the
complainant within ten (10) working days from the date of receipt. The Board shall
forward within ten (10) working days to each officer or employee of the city who is the
subject of the complaint a copy of the complaint and a general statement of the
applicable provisions of this ordinance.
(B) Within thirty (30) days of the receipt of a proper complaint,
the Board of Ethics shall conduct a preliminary inquiry concerning the allegations
contained in the complaint. The Board shall afford a person who is the subject of the
complaint an opportunity to respond to the allegations in the complaint. The person
shall have the right to be represented by counsel, to appear and be heard under oath,
and to offer evidence in response to the allegations.
(C) All proceedings and records relating to a preliminary inquiry
being conducted by the Board of Ethics shall be confidential until a final determination
is made by the Board, except:
(1) The Board may turn over to the Commonwealth's
attorney or county attorney evidence which may be used in criminal proceedings.
(2) If the complainant or alleged violator publicly
disclose the existence of a preliminary inquiry, the Board may publicly confirm the
existence of the inquiry, and, in its discretion, make public any documents which were
issued to either party.
(D) The Board shall make a determination based on its
preliminary inquiry whether the complaint is within its jurisdiction and, if so, whether it
alleges a minimal factual basis to constitute a violation of this ordinance. If the Board
"✓ concludes that the complaint is outside of its jurisdiction, frivolous, or without factual
basis, the Board shall immediately terminate the inquiry, reduce the conclusion to
writing, and transmit a copy of its decision to the complainant and to all officers or
employees against whom the complaint was filed.
(E) If the Board of Ethics concludes, based upon its preliminary
inquiry, that the complaint is within its jurisdiction and contains allegations sufficient to
establish a minimal factual basis to constitute a violation, the Board shall notify the
officer or employee who is the subject of the complaint, and may:
(1) Due to mitigating circumstances such as, lack of
significant economic advantage or gain by the officer or employee, lack of economic
loss to the city and its taxpayers, or lack of significant impact on public confidence in
city government issue, in writing, a confidential reprimand to the officer or employee
concerning the alleged violation and provide a copy of the confidential reprimand to
the executive authority and governing body of the city. The reprimands mentioned
herein will be confidential only to the extent that the confidentiality is not inconsistent
with the provisions of Kentucky's Open Record Act.
(2) Initiate a hearing to determine whether there has
been a violation.
(F) Any person who knowingly files with the Board a false
complaint alleging a violation of any provision of this ordinance by an officer or
employee of the city shall be guilty of a Class A misdemeanor.
SECTION 22. Notice of Hearings.
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
alleged violator petitions for and Board consents to a later date. The order setting the
- T -F
106
matter for hearing, along with a copy of any pertinent regulations of the Board relating
to the hearing, shall be sent to the alleged violator within twenty-four (24) hours of the
time the order setting a hearing is issued.
SECTION 23. Hearing Procedure.
(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 alleged
violator, 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 alleged violator, 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 witness, 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
4 the members vote to go into executive session in accordance with KRS 61.810.
I�
(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 ordinance 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
ordinance has occurred, it shall immediately send written notice of this determination
to the officer or employee who was the subject of the complaint and to the party who
filed the complaint.
(H) If the Board 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 ordinance, the Board may:
(1) Issue an order requiring the violator to cease and
desist the violation.
(2) In writing, publicly reprimand the violator for the
violations and provide a copy of the reprimand to the City Commission of the City with
which the violator serves.
F (3) In writing, recommend to the City Commission that
the violator be sanctioned as recommended by the Board, which may include a
recommendation for discipline or dismissal, or removal from office.
(4) Issue an order requiring the violator to pay a civil
penalty of not more than $1,000.
(5) Refer evidence of criminal violations of this ordinance
or state laws to the county attorney or commonwealth's attorney of the jurisdiction for
prosecution.
—.— ......a. nh"Ta''"rr,rr1Tq`:._,F-r— -ITI .1-]r_._..r- 7777�I:.rr�r axu.,..,.
107
SECTION 24. Appeals.
Any person who is found guilty of a violation of any provision of this
ordinance by the Board of Ethics may appeal the finding to the circuit court of the
county within thirty (30) days after the date of the final action by 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.
SECTION 25. Limitation of Actions. Except when the period of
limitation is otherwise established by state law, an action for a violation of this
ordinance must be brought within one (1) year after the violation is discovered.
SECTION 26. Reprisals Against Persons Disclosing Violations
Prohibited.
(A) No officer or employee of the city shall subject to reprisal, or
directly or indirectly use, or threaten to use, any official authority or influence in any
manner whatsoever which tends to discourage, restrain, deter, prevent, interfere with,
coerce, or discriminate against any person who in good faith reports, discloses,
divulges, or otherwise brings to the attention of the Board of Ethics or any other
agency or official of the city or the Commonwealth any facts or information relative to
an actual or suspected violation of this ordinance.
(B) This section shall not be construed as:
(1) Prohibiting disciplinary or punitive action if an officer
or employee of the city discloses information which he or she knows:
(a) To be false or which he or she discloses with
reckless disregard for its truth or falsity.
(b) To be exempt from required disclosure under
the provisions of the Kentucky Open Records Act, KRS 61.870 to 61.884.
(c) Is confidential under any other provision of
law.
SECTION 27. Penalties.
(A) Except when another penalty is specifically set forth in this
ordinance, any officer or employee of the city who is found by the Board of Ethics to
have violated any provision of this ordinance shall be deemed guilty of a civil offense
and may be subject to a civil fine imposed by the Board of Ethics not to exceed one
thousand dollars ($1,000), which may be recovered by the city in a civil action in the
nature of debt if the offender fails to pay the penalty within a prescribed period of
time.
(B) In addition to all other penalties which may be imposed
under this ordinance, any officer or employee of the city who is found by the Board of
Ethics to have violated any provision of this ordinance shall forfeit to the city an
amount equal to the economic benefit or gain which the officer or employee is
determined by the Board to have realized as a result of the violation. The amount of
any forfeiture may be recovered by the city in a civil action in the nature of debt, if the
offender fails to pay the amount of the forfeiture within a prescribed period of time.
(C) In addition to all other penalties which may be imposed
under this ordinance, a finding by the Board of Ethics that an officer or employee of
the city is guilty of a violation of this ordinance shall be sufficient cause for removal,
suspension, demotion, or other disciplinary action by the executive authority of the
city or by any other officer or agency having the power of removal or discipline. Any
action to remove or discipline any officer or employee for a violation of this ordinance
shall be taken in accordance with all applicable ordinances and regulations of the city
and all applicable laws of the Commonwealth.
SECTION 28. Severability.
- N'^P °—T'— , -„ 1 1---T'. , r::.. r r c i�� r. ,. -- -c--- „ .... ,..r., s� . rte-- s n —...
If any provision of this ordinance is deemed by a court of competent
jurisdiction to be unenforceable or unconstitutional, the remaining provision of this
ordinance shall continue in full force and effect.
SECTION 29. Conflicting Ordinances Repealed.
All other ordinances and parts of ordinances in conflict with this
ordinance are hereby repealed to the extent of the conflict.
SECTION 30. Effective Date.
This ordinance shall take full force and effect immediately upon
publication as required by KRS 83A.060.
Given first reading on the 11th day of March , 1997.
Given second reading and duly enacted by the legislative body of the
city of Paducah on the 2Sthday of Marc _J1997.
ATT T:
City Clerk
Published by The Paducah Sun, March 29, 1997
MEN
108
.-r,7f�o-.-l"� -,-, ,-n .•i..," n...,.. ]..d -anl7 ° u d gW�A[WFamA'PS� '� -,J F- .._�.JOI F n:F dT'l 71, �..[ �17;777J,''rt4kF., .m"."ic^T+r�_ cFw.