HomeMy WebLinkAbout94-12-522912/05/94;15761
CITY OF PADUCAH
Ordinance No. -q4-1,2-
Ordinance
4 -/,2 -Ordinance establishing a code of ethical
conduct applicable to the officers and
employees of the city.
WHEREAS, the General Assembly of the Commonwealth of
Kentucky has enacted legislation requiring this city to enact and
enforce a code of ethics governing the conduct of city officers
and employees beginning no later than January 1, 1995; and
WHEREAS, the officials of this city are committed to
the operation of a city government that manifests the highest
moral and ethical standards among its officers and employees and
desire to comply with all requirements of the Commonwealth's
local government ethics law.
NOW, THEREFORE, Be it ordained by the legislative body
of the city of Paducah, Kentucky:
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:
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(A) Public office and employment with the city
are public trusts.
(B) The vitality 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.
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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) "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.
(D) "City" refers to the city of Paducah,
Kentucky.
(E) "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.
(F) "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.
(G) "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.
(H) "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.
(I) "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.
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:
(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.
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(B) No
use or attempt to use
to secure unwarranted
herself or others.
officer:>or employee shall intentionally
his or her official position with the city
privileges or advantages for himself or
(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.
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SECTION 8. Use of City Property, Equipment, and
Personnel.
(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.
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.
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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) Candidates for elected city offices.
(C) City Manager.
SECTION 13. When to File Statements; Amended
Statements.
(A) The initial statement of financial
interests required by this section shall be filed with the Board
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 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:
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(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.
(2) The title of the filer's office, office
sought, or position of employment.
(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.
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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 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.
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(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 similiar 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 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
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93
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.
(I) 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.
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.
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
�y 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.
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(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
Cl 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
m� 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 matter for hearing, along with a
copy of any pertinent regulations of the Board relating to the
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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 the members vote to o into executive session in
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accordance with KRS 61.810.
(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.
(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.
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(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.
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
(?h 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
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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,
fi 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.
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.
--11 Given first reading on the tn – day of ,Q,,71.��.� ,
1994.
01
Given second reading and duly enacted by the
leivody of the city of Padu ah on the �L- day of
1994.
Mayor
ATTES
(Ckfy Clerk
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