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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: �j (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. I r, q1.- .",�gm,n1n, -nx ,�-n..1.,,r —..r.. , 1 o n 1 irnrnmf'wmawp� + All'Pu'+�n` r1, ix o.... -F1 --._Tr--11 :-�-.,_ _ ,-, —,,.- M 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. -2- f"J"..,,'ia�rz.�'+'.c+.s--ic :a l.. �,.' .-_ _i.-]._' f ,FJ-_ _.IfJ . r �.TT11,-- .�.,—T.'a'::..-.. ... ._, . 'f' 1 Co (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. MKM ROE 11:117111 171FI7"M^ 'a:zgq,-r ':r— n. 11. IT 11 .1., 1 r. ,1 w ., 1m�-. 11:1 c -r.. r..3nr-, -, ..._... �w. ,aP�,..—: W 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. -4- 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: -5- W J"9, v,c�° "rP�a° „awm- _r_�,=...�„_.. I l. r ::.. ,:L,.i,-mmfmm; �;. Mip mrx � .-r.-,: i -1 rp] -;7i=�� ,mp, — -..:., .,- .r, ...—a�s».;�1 all (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. -6- I F° ;— "T p, ma,-., ,.-.'"--" . _ —j]�;.cRmuF.q n c -rr1:.-,.� I,.Tl -...� ..7--r—,m,r•-nr-':a'r ro�icr r.c ..�..... r7— 9i 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. -7- 92 (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 WE 11 ,1. ..,. -,.�! - �I v :-- I - -I fi .--, 1r���-mT-�=F 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. WE I—, 'lmPwr. ,v�sryq,-alp ,ar��r-x ..,,m .n ;n .1 F Ip:eiwr�141mr�sr`°�nn°ral-aU.�rr.... .,..FT : _ ,-,I---ter ,.... ._.a—„-:,.n"c,-0,17 a-,. �.�a�..cl.•,-7- M (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 -10- F`-,.,.a. i .Fzm,-*—raa,-1 11 1 I-p-1,MFRm— _-ru, m_- I " 1 n. T.��r:.nr^-r'r-r� rr r_ --r _. i T ...-c-u r�-�n�:aw+ai�l— -r--.- 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 ,-�� P g 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. -11- �n�«:,,:��m++`9�1'lam'Ia�mrrr,.�y:::.��n+.r�rr..�..,..--, 95 M (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 -12- p V 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 -13- 97