Ordinance 06-2025 amending Ethics ordinance

Jun 26, 2026 | 2025, Ordinances

CITY OF LAKESIDE PARK, KENTUCKY

ORDINANCE 06-2025

  AN ORDINANCE OF THE CITY OF LAKESIDE PARK, KENTUCKY AMENDING CHAPTER 25 OF THE CITY OF LAKESIDE PARK, KENTUCKY ORDINANCES RELATING TO ETHICS CODE.            

WHEREAS, the City Council previously passed Ordinance No. 09-1994 adopting an Ethics Code for the City of Lakeside Park, Kentucky; and

WHEREAS, the need has arisen to implement Ethics policies related to the use of electronic communications and social media; and

WHEREAS, the General Assembly of the Commonwealth of Kentucky has enacted legislation requiring the city to enact and enforce a code of ethics governing the conduct of city officers and employees; and

WHEREAS, the officials of this city are committed to the operation of a city government manifesting the highest moral and ethical standards by its officers and employees and complying with all requirements of the commonwealth’s local government ethics law. 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakeside Park, Commonwealth of Kentucky:

SECTION I – That Chapter 25 of the Code of Ordinances for the City of Lakeside Park, Kentucky shall be amended as set forth in Exhibit “A” attached to this Ordinance.

SECTION II  – That all ordinances or parts of ordinances in conflict with this ordinance shall be and hereby repealed to the extent of said conflict.

SECTION III – This ordinance shall take effect and be in full force from and after its passage, publication and recording, according to law.

First Reading:  May 12, 2025

Second Reading:  June 9, 2025

 CHAPTER 25: ETHICS CODE

ARTICLE I. GENERAL PROVISIONS

  • 25.001 TITLE

   This chapter shall be known and may be cited as the “City of Lakeside Park Code of Ethics”.

  • 25.002 PURPOSE

   (A)   It is the purpose of this chapter to provide a method of assuring that standards of ethical conduct and financial disclosure requirements for officers and employees of the city and city agencies, including but not limited to the Lakeside Park/Crestview Hills Police Authority 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 conflict of interest which might arise in the conduct of their public duties.

   (B)   It is the further purpose of this chapter to meet the requirements of KRS 65.003, as enacted by the 1994 Kentucky General Assembly.

   (C)   This chapter is enacted under the power vested in the city by KRS 82.082 and pursuant to requirements of KRS 65.003.

  • 25.003 DEFINITIONS

   For the purpose of this chapter, the following words and phrases shall have the following meanings ascribed to them respectively.

   “BOARD OF ETHICS.” The City of Lakeside Park Board of Ethics which is created and vested by this chapter with the responsibility of enforcing the requirements of the city’s Code of Ethics.

   “BUSINESS.” Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, professional service corporation, or any legal entity through which business is conducted for profit.

   “CANDIDATE.” Any individual who seeks nomination or election to a city 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.

   “CITY.” The City of Lakeside Park, Kentucky.

   “CITY AGENCY.” Any board, commission, authority, non-stock corporation, or other entity created, either individually or jointly, by this city, including, but not limited to, the Lakeside Park/Crestview Hills Police Department.

“City business” means any discussion of specific city issues that go beyond general information.

 “Confidential information” means information obtained in the course of holding public office or employment, or as a contractor to the city which is not available to members of the public and which the officer or employee is not authorized to disclose except to designated individuals or bodies, including written and non-written information. When such information is also available through channels open to the public, officers and employees are not prohibited from disclosing the availability of those channels.

 “Consultant” means an independent contractor, professional person, or entity engaged by the city or advising a city officer, and in a position to influence a city decision or action or having access to confidential information.

   “CONTRACT.” Any agreement for the sale, lease, or purchase of any interest in real or personal property or the provision of any service.

 “Domestic partner” is an adult, unrelated by blood, with whom an unmarried or separated officer or employee has an exclusive committed relationship, maintains a mutual residence, and shares basic living expenses

   “EMPLOYEE.” Any person, whether full-time or part-time, and whether paid or unpaid, who is employed by or provides service to the city. The term “EMPLOYEE” shall not include any contractor or subcontractor or any of their employees.

   “FAMILY MEMBER.”  A spouse, domestic partner, parent, child, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, [or] grandchild, a person claimed by the officer or employee, or the officer’s or employee’s spouse or domestic partner, as a dependent for tax purposes.

   “IMMEDIATE FAMILY MEMBER.” A [spouse, an unemancipated child or stepchild 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] spouse, domestic partner, and, whether by blood, adoption, marriage, guardianship, or domestic partnership, a child who is not emancipated and who resides in the officer’s or employee’s household, a person claimed by the officer or employee, or the officer’s or employee’s spouse or domestic partner, as a dependent for tax purposes.

 “Financial benefit” includes any money, service, license, permit, contract, authorization, loan, discount, travel, entertainment, hospitality, gratuity, any promise of any of these, or anything else of value. This term does not include legal campaign contributions.

 “Financial interest” is a relationship to something where a direct or indirect financial benefit has been, will be, or might be received as a result of the relationship.

 “Household” includes anyone whose primary residence is in the officer’s or employee’s home, including nonrelatives who are not paying rent or staff.

   “OFFICER.” Any person, whether full-time or part-time, and whether paid or unpaid, who is one (1) of the following:

   (1)   The Mayor;

   (2)   A legislative body member;

   (3)   The City Clerk/Treasurer;

   (4)   Any person who occupies a non-elected office created under KRS 83A.080; or

   (5)   A member of the governing body of any city agency who has been appointed to the governing body of the agency by the city.

“Official act” means any legislative, administrative, appointive, or discretionary act of any public official or employee of the city or any agency, board, committee, or commission thereof.

“Personal benefit” includes benefits other than those that are directly financially advantageous. These include financial benefits to immediate family members, business associates, as well as non-financial benefits to these people and to oneself, including such things as reputation and the success of one’s career.

“Personal interest” means a relationship to something where a personal benefit has been, will be, or might be obtained by certain action or inaction with respect to it.

“Social media” is understood to be content created by individuals using the internet. Examples of social media include Facebook, Instagram, YouTube, Twitter, LinkedIn, Snapchat, Reddit, and blogs.

“Subordinate” means another official or employee over whose activities an official or employee has direction, supervision, or control.

“Transaction” means any matter, including but not limited to contracts, work, business with the city, the sale or purchase of real estate by the city, and any request for zoning amendments, variances, or special permits pending before the city, upon which a public officer or employee performs an official act or action.

ARTICLE II. STANDARDS OF CONDUCT

  • 25.100 CONFLICTS OF INTEREST IN GENERAL

   Every officer and employee of the city and every city agency shall comply with the following standards of conduct.

   (A)   No officer or employee, or any immediate family member of any 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 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 officer 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.

  • A person or entity from whom the officer or employee has received an election campaign contribution of a total of more than $100.00 during the past election cycle.
  • A nongovernmental civic group, social, charitable, or religious organization of which they or their immediate family member is an officer or director.

   (D)   No officer or employee shall be deemed in violation of these provisions if, by reason of the officer’s or employee’s participation, vote, decision, 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 their group.

   (E)   Every officer or employee having 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 and value of the interest, in writing, to the governing body of the city or city agency 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 on any matter subject to disclosure under this subsection.

  • 25.101 CONFLICTS OF INTEREST IN CONTRACTS

   No officer or employee of the city or any city agency shall directly or through others undertake, execute, hold, or enjoy, in whole or in part, any contract made, entered into, awarded or granted by the city or a city agency, except as follows:

   (A)   The prohibition above shall not apply to contracts entered into before an elected officer filed as a candidate for city office, before an officer was appointed to a city or city agency office, or before an employee was hired by the city or a city agency. However, if any contract entered into by a city or city agency officer or employee before he or she became a candidate, was appointed to office, or was hired as an employee, is renewable after he or she becomes a candidate, assumes the appointed office, or is hired as an employee, then the prohibition above shall apply to the renewal of the contract.

   (B)   The prohibition above shall not apply if the contract is awarded after public notice and competitive bidding, unless the officer or employee is authorized to participate in establishing the contract specifications, awarding the contract, or managing contract performance after the contract is awarded. If the officer or employee has any of the authorities as set forth in the preceding sentence, then the officer or employee shall have no interest in the contract, unless the requirements set forth in subsection (C) are satisfied.

   (C)   The prohibitions in this section shall not apply in any case where the following requirements are satisfied:

      (1)   The specific nature of the contract transaction and the nature of the officer’s or employee’s interest in the contract are publicly disclosed at a meeting of the governing body of the city or city agency.

      (2)   The disclosure is made a part of the official record of the governing body of the city or city agency before the contract is executed.

      (3)   A finding is made by the governing body of the city or city agency that the contract with the officer or employee is in the best interest of the public and the city or city agency because of price, limited supply, or other specific reasons.

      (4)   The finding is made a part of the official record of the governing body of the city or city agency before the contract is executed.

   (D)   Any violation of this section shall constitute a Class A misdemeanor, and upon conviction, the court may void any contract entered into in violation of this section. A violation of this section shall be grounds for removal from office or employment with the city in accordance with any applicable provisions of state law and ordinance, rules, or regulations of the city.

  • 25.102 RECEIPT OF GIFTS

   (A)   No officer or employee of the city or any city shall directly, or indirectly, through any other person or business, solicit or accept any gift in the form of cash or legal tender for personal benefit.

  • No officer or employee of the city or any city agency shall directly, or indirectly, through any other person or business, solicit or accept any gift or gifts having fair market value of more than one hundred dollars ($100.00) on a single occasion or event, 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 public duties.
  • Certain items are typically excluded from the prohibition. Examples of these items include:
    • Gifts received from family members.
    • Gifts accepted on behalf of the city and transferred to the city.
    • Reasonable travel and travel-related expenses, cost of admission, food, beverages, and entertainment furnished in connection with certain specified public events, appearances, ceremonies, economic development activities, or fact-finding trips related to official government business.
    • Usual and customary loans made in the ordinary course of business.
    • Awards, including certificates, plaques, and commemorative tokens presented in recognition of public service.
    • Informational, promotional, and educational items.
  • 25.103 USE OF CITY PROPERTY, EQUIPMENT, PERSONNEL

   No officer or employee of the city shall use or permit the use of any city time, funds, personnel, equipment, or other personal or real property for the private use of any person, unless the use is specifically authorized, except when 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.

  • 25.104 REPRESENTATION OF INTERESTS BEFORE CITY GOVERNMENT

   (A)   No officer or employee of the city or any city agency shall represent any person or business, other than the city, in connection with any cause, proceeding, application or other matter pending before the city or any city agency.

   (B)   Nothing in this section shall prohibit an employee from representing another employee or employee 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 in matters concerning his 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.

  • 25.105 MISUSE OF CONFIDENTIAL INFORMATION

   No officer or employee of the city or any city agency shall intentionally use or disclose information acquired in the course of his 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.

  • 25.106 HONORARIA

   (A)   No officer or employee of the city or city agency shall accept any compensation, honorarium, or gift with a fair market value greater than one hundred dollars ($100.00) 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 with the city.

   (B)   Nothing in this section shall prohibit an officer or employee of the city or any city agency 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 title, 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 or city agency and primarily for the benefit of any officer or employee or any other person.

  • 25.107 Endorsements.
  • No officer or employee in their official capacity may publicly endorse products or services for their own personal or financial interest or for their family member’s personal or financial interest.
  • However, this does not prohibit an officer or employee from answering inquiries by other governmental officials, consumer organizations, or product information services regarding products or services.
  • 25.108 Complicity with or Knowledge of Others’ Violations.
  • No officer or employee may directly or indirectly induce, encourage, or aid anyone to violate any provision of this code. If an officer or employee knows or has reasonable suspicion to believe that someone has violated this code, they are required to report it to the Ethics Board pursuant to §25.403 of this ordinance.
  • 25.109 Falsely Impugning Reputation.
  • An officer or employee may not falsely impugn the reputation of a city resident, employee, or another officer of the city. If an officer or employee believes their accusation to be true, and then learns that it was false, even in part, they should apologize in the same forum and manner where the accusations were made. A failure to apologize within a reasonable period of time after learning of the falseness of the accusations will create the presumption that the conduct was intentional.

ARTICLE III. FINANCIAL DISCLOSURE

  • 25.200 WHO MUST FILE

   The following classes of officers and employees of the city and city agencies shall file an annual statement of financial interests with the Board of Ethics:

   (A)   Elected city officials;

   (B)   Candidates for elected city office;

   (C)   City administrative officer;

   (D)   Members of the city Planning and Zoning Commission and Board of Adjustment appointed by the appropriate appointing authority of the city;

   (E)   Members of the Board of Ethics;

   (F)   Non-elected officers and employees of the city or any city agency who are authorized to make purchases of materials or services, or award contracts, leases, or agreements involving the expenditure of five thousand dollars ($5,000.00) or more.

  • 25.201 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, no later than 4:00 p.m., March 1, 1995]. All subsequent statements of financial interest shall be filed no later than 4:00 p.m. on March 1 each year, provided that:

      (1)   A person newly-appointed to fill an office shall file his 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 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 of Ethics, the elected officer shall, no later than thirty (30) days after becoming aware of the material change, file an amended statement with the Board of Ethics.

  • By June 15 of each year, the Ethics Board must review all annual financial disclosure statements filed with it to determine whether any person required to file such a statement has failed to file it, has filed a deficient statement, or has filed a statement that reveals a potential violation of this code. If the Ethics Board determines that an annual or transactional disclosure statement is deficient or reveals a potential violation of this code, the Ethics Board will notify the person in writing of the deficiency, potential violation, and of the penalties for failure to comply with this code.
  • 25.202 FORM; STATEMENT OF FINANCIAL INTERESTS

   The statement of financial interests shall be filed on a form prescribed by the Board of Ethics, or the administrative official designated by the Board of Ethics. The Board, or the City Clerk/Treasurer as its designated administrative official, shall deliver a copy of the form to each officer and employee required to file the statement, by first-class mail or hand-delivery, no later than January 15 of each year. The failure of the Board, or the designated administrative official, to deliver a copy of the form to any officer or employee shall not relieve the officer or employee of the obligation to file the statement.  The statement of financial interests shall be returned to the City Clerk/Treasurer to be forwarded to the Board of Ethics.

  • 25.203 CONTROL; MAINTENANCE OF STATEMENTS OF FINANCIAL INTERESTS

   (A)   The Board of Ethics shall be the official custodian of the statements of financial interests and shall have control over the maintenance of the statements of financial interest. The statements of financial interests shall be maintained by the Board of Ethics, or the administrative official designated by the Board of Ethics.

   (B)   [All documents required to be filed under this chapter shall be retained by the Board of Ethics in accordance with the records retention policy and/or schedule promulgated by the State Libraries and Department of Archives] A statement of financial interests shall be retained by the Ethics Board or the designated administrative official pursuant to the KDLA Record Retention Schedule as follows:

  1. Upon the expiration of two years after a person ceases to be an officer or employee of the city or a city agency, the Ethics Board shall have any statements of financial interests or copies of those statements filed by the person destroyed.
  2. Upon the expiration of two years after any election at which a candidate for elected city office was not elected or nominated, the Ethics Board shall have any statements of financial interests or copies of those statements filed by the person destroyed.
  • 25.204 CONTENTS; 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, exceeding five thousand dollars ($5,000.000) 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 located within the state 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 ($10,000.00) at fair market value or five percent (5%) ownership interest or more;

      (6)   The name and address of any business located outside the state, 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 ($10,000.00) at fair market value or five percent (5%) ownership interest or more;

      (7)   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 ($10,000.00) or more;

      (8)   Each source, by name and address, of gifts or honoraria having an aggregate fair market value of one hundred dollars ($100.00) per calendar year or more from any single source, excluding gifts received from family members and received by the filer or any member of the filer’s immediate family during the preceding calendar year;

      (9)   The name and address of any creditor owed more than ten thousand dollars ($10,000.00), except debts arising from the purchase of a primary residence or the purchase of consumer goods which are bought or used primarily for personal, family, or household purposes.

   (B)   Nothing in this section shall be construed to require any officer or employee to disclose any specific dollar amounts nor the name of individual clients or customers of business listed as sources of income.

  • 25.205 NONCOMPLIANCE WITH FILING REQUIREMENTS
  • 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 of Ethics. 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 violation.
  • Any person who fails or refuses to file the statement or remedy a deficiency in the filing identified in the notice under subsection (A) within the time established in the notice shall be guilty of a civil offense and shall be subject to a civil fine imposed by the Ethics Board in an amount not to exceed $25 per day, up to a maximum civil fine of $500. Any civil fine imposed by the Ethics 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.
  • Any person who intentionally files a statement of financial interests which they know to contain false information or intentionally omits required information, shall be guilty of a Class A misdemeanor.

ARTICLE IV. NEPOTISM AND PATRONAGE

  • 25.300 NEPOTISM PROHIBITED

   (A)   No officer or employee of the city or a city agency shall advocate, recommend, or cause the employment, appointment, promotion, transfer, or advancement of a family member to an office or position of employment within the city or a city agency.

   (B)   No officer or employee of the city or a city agency shall supervise or manage the work of a family member.

   (C)   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 benefits to no greater extent than any other similarly situated member of the class or group.

   (D)   The prohibition in this section shall not apply to any relationship or situation that would violate the prohibition, but which existed prior to January 1, 1995.

  • 25.301 PATRONAGE

No officer or employee may promise an appointment or use their influence to obtain an appointment to any position as a reward for any political activity or contribution.

ARTICLE V.  SOCIAL MEDIA

SECTION 25.400. Social Media.

  • City officials and officers can maintain a personal presence on social media. However, to be considered personal, there can be no mention of their status as a city official. Any mention of their status as a city official potentially changes the nature of the page to one for a public agency, requiring recordkeeping in accordance with the KDLA Record Retention Schedule, and subjecting the entire page to open records requests.
  • Elected city officials who want to interact with the community on social media in their role as a city official are required to maintain a separate social media account from their personal account, if they have one. City officials will notify the city clerk of any official pages utilized and the city clerk shall have access to the social media account. The city clerk will maintain an updated list of official pages of city officials.
  • Elected city officials shall not post comments, blogs or other communications identifying himself or herself as a city official on any personal social media account.
  • City officials shall conduct themselves professionally as a representative of the city.
  • The City may maintain one or more official social media accounts to keep the public informed concerning activities, events and general information related to city matters.
  • As a public entity the city must abide by certain standards to serve all its constituents in a civil and unbiased manner.

The city reserves the right to deny access to the city’s social media sites for any individual who violates the following guidelines at any time and without prior notice.

The city’s and elected city officials’ social media sites prohibit the posting of content and/or comments containing any of the following:

  • Comments not topically related to the particular site or blog article being commented upon.
  • Profane language or content.
  • Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability, or sexual orientation.
  • Sexual content or links to sexual content.
  • Advertisements, solicitations, phishing.
  • Conduct or encouragement of illegal activity.
  • Information that may tend to compromise the safety or security of the public.
  • Campaign ads or related content advocating for or against a candidate for office.
  • Comments unrelated to a topic or post as well as multiple off-topic posts or spam by a single person.
  • Content that violates the legal ownership interest of any other party.
  • Elected city official pages shall clearly indicate that any content posted or submitted for posting is subject to public disclosure.
  • No comments shall be deleted unless in violation of posted guidelines. Deleted comments shall be provided to the city clerk and must be saved for one year.
  • City officials shall not conduct city business through their social media sites. If receiving a specific request from a citizen, the city official shall state words to the effect of: “Thank you for your question. Please email me at [official email address] or contact me at [phone number]. I look forward to speaking with you.”
  • Elected officials shall not discuss issues pending before the council. Elected officials may seek public input but shall not respond to comments.  Engaging in substantive conversations on social media could require retention of the posts and may violate the Open Meetings Act if other elected officials are also engaging in the discussion.

SECTION 25.401. Email.

  • City officials shall maintain an official email address as provided by the City Clerk/Treasurer. This must be separate from their personal email account.
  • No city business shall occur through a personal email account.
  • City officials shall retain emails according to the KDLA Record Retention Schedule for emails. City officials shall direct any recordkeeping questions to the city clerk.

ARTICLE V. ENFORCEMENT

  • 25.400 BOARD OF ETHICS ESTABLISHED

   (A)   There is hereby created a Board of Ethics which shall have the authorities, duties, and responsibilities as set forth in this chapter to enforce the provisions of this chapter.

   (B)   The Board of Ethics shall consist of three (3) members who shall be appointed by the Mayor of the city, subject to the approval of the Council. The initial members of the Board of Ethics shall be appointed within sixty (60) days of the effective date of this chapter. 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 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 any number of consecutive terms.

   (C)   A member of the Board of Ethics may be removed by the Mayor, subject to the approval of the Council 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 Mayor and the Council.

   (D)   Vacancies on the Board of Ethics shall be filled within sixty (60) days by the Mayor, subject to the approval of the Council. If a vacancy is not filled by the Mayor 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, but shall be reimbursed for all necessary and reasonable expenses incurred in the performance of their duties.

   (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)   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 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.

  • 25.401 FACILITIES; STAFF

   Within the limits of the funds appropriated by the legislative body in the annual budget, the city shall provide the Board of Ethics, either directly or by contract or agreement, with the facilities, materials, supplies, and staff needed for the conduct of business.

  • 25.402 POWERS; DUTIES OF BOARD

   The Board of Ethics shall have the following powers and duties:

   (A)   To initiate on its own motion, receive and investigate complaints, hold hearings, and make findings of fact and determinations with regard to alleged violations of the provisions of this chapter.

   (B)   To issue orders in connection with its investigations and hearings requiring persons to submit, in writing and under oath, reports and answers to questions that are relevant to the proceedings and to order testimony to be taken by deposition before any individual designated by the Board of Ethics who has the power to administer oaths.

   (C)   To administer oaths and to issue orders requiring the attendance and testimony of witnesses and the production of documentary evidence relating to an investigation or hearing being conducted by the Board.

   (D)   To refer any information concerning violations of this chapter to the executive authority of the city, the city legislative body, the governing body of any city agency, the City Attorney, or any other appropriate person or body, as necessary.

   (E)   To render advisory opinions to city and city agency officers and employees regarding whether a given set of facts and circumstances would constitute a violation of any provision of this chapter.

   (F)   To enforce the provisions of this chapter with regard to all officers and employees of the city and city agencies who are subject to its terms by issuing appropriate orders and imposing penalties authorized by this chapter.

   (G)   To control and maintain all statements of financial interests that are required to be filed by this chapter and to insure that all statements are available for public inspection in accordance with the requirements of this chapter, Chapter 23 of this code, and the Kentucky Open Records Act.

   (H)   To develop and submit any reports regarding the conduct of its business that may be required by the executive authority or legislative body of the city.

   (I)   To adopt rules and regulations and to take other actions, as necessary, to implement the provisions of this chapter, provided that the rules, regulations, and actions are not in conflict with the provisions of this chapter or any state or federal law.

  • 25.403 FILING; INVESTIGATION OF COMPLAINTS
  • All complaints alleging any violation of the provisions of this chapter 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 or city agency who is the subject of the complaint a copy of the complaint and a general statement of the applicable provisions of this chapter.
  • The Ethics Board may, on its own initiative, determine through an inquiry into informal allegations, information provided directly to the Ethics Board, by referral, or otherwise that a violation of this code may exist and prepare a complaint of its own. The Ethics Board may also amend a complaint that has been filed with it by adding further allegations, adding respondents involved in the same conduct, directly or indirectly, by action or inaction, by deleting allegations that would not constitute a violation of this code, by deleting allegations that have been made against persons or entities not covered by this code, or by deleting allegations that do not appear to be supported by the facts. The Ethics Board may also consolidate complaints where the allegations are materially related. Amended complaints must be sent to the complainant and respondent by the Ethics Board.

   (BC)   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.

  • The person who is the subject of the complaint (respondent), may file with the Ethics Board a response to the complaint within 30 days after their receipt of the complaint. The response, if any, must be sent to the person filing the original complaint (complainant) by the Ethics Board within five days after its filing. Within 15 days after receipt, the complainant may also file with the Ethics Board a response to the respondent’s response which the Ethics Board must send to the respondent within five days after its filing.

   (CE)   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 discloses the existence of a preliminary inquiry, the Board may publicly confirm the existence of the inquiry, and at its discretion, make public any documents which were issued to either party.

   (DF)   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 chapter. 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.

   (EG)   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 or city agency.

      (2)   Initiate a hearing to determine whether there has been a violation.  In conducting an investigation, the Ethics Board may administer oaths, affirmations, subpoena witnesses, compel their attendance, and require the production of any books or records it deems relevant and material. The police department and all city agencies, bodies, officials, and employees are required to respond fully and truthfully to all inquiries and cooperate with all requests of the Ethics Board or its agents relating to an investigation. It is a violation of this code for any official or employee to deny access to information requested by the Ethics Board in the course of an investigation or a public hearing, except to the extent that such denial is required by federal, state, or local laws.

   (FH)   Any person who knowingly files with the Board of Ethics a false complaint alleging a violation of any provision of this chapter by an officer or employee of the city or any city agency shall be guilty of a Class A misdemeanor.

  • 25.404 NOTICE OF HEARING

   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 the 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 hearing shall be sent to the alleged violator within twenty-four (24) hours of the time the order setting a hearing is issued.

  • 25.405 HEARING PROCEDURE

   (A)   The Kentucky Rules of Civil Procedure and the Kentucky Rules of Evidence shall not apply to hearings conducted by the Board; however, the hearing 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 representative, shall have a reasonable opportunity to examine all documents and records obtained or prepared by the Board of Ethics in connection with the matter to be heard. The Board of Ethics shall inform the alleged violator, or his representative, of any exculpatory evidence in its possession.

   (C)   All testimony in a Board of Ethics’ hearing shall be taken under oath, administered by the presiding officer. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to submit evidence, and 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 go into executive session in 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 chapter has been proven. Within thirty (30) days after the completion of the hearing, the Board shall issue a written report of its findings and conclusions.

   (G)   If the Board of Ethics concludes in its report that no violation of this chapter 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 of Ethics 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 chapter, 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 Mayor and City Council of the city or city agency with which the violator serves;

      (3)   In writing, recommend to the executive authority and the governing body, if different than the executive authority, that the violator be sanctioned as the Board recommends. The Board may recommend that the violator be disciplined, or dismissed or removed from office, whichever applies;

      (4)   Issue an order requiring the violator to pay a civil penalty of not more than one thousand dollars ($1,000.00);

      (5)   Refer evidence of criminal violations of this chapter or state laws to the City Attorney or Commonwealth’s Attorney for prosecution.

  • 25.406 APPEALS

   Any person who is found guilty of a violation of any provision of this chapter 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.

  • 25.407 LIMITATIONS OF ACTIONS

   Except when the period of limitation is otherwise established by state law, an action for a violation of this chapter must brought within one (1) year after the violation is discovered.

  • 25.408 ADVISORY OPINIONS

   (A)   The Board of Ethics may render advisory opinions concerning matters under its jurisdiction based upon facts or hypothetical situations and circumstances, upon its own initiative, or when requested by an officer or employee of the city or a city agency who is covered by this chapter.

   (B)   An advisory opinion shall be requested in writing and shall state relevant facts and ask specific questions. The request for an advisory opinion shall remain confidential unless confidentiality is waived, in writing, by the requester.

   (C)   The Board may adopt regulations, consistent with the Kentucky Open Records Law, to establish criteria under which it will issue confidential advisory opinions. All other advisory opinions shall be public documents, except that before an advisory opinion is made public, it shall be modified so that the identity of any person associated with the opinion shall not be revealed.

   (D)   The confidentiality of an advisory opinion may be waived either:

      (1)   In writing by the person who requested the opinion;

      (2)   By majority vote of the members of the Board, if a person makes, or purports to make public, the substance or any portion of an advisory opinion requested by or on behalf of the person. The Board may vote to make public the advisory opinion request and related materials.

   (E)   A written advisory opinion issued by the Board shall be binding on the Board in any subsequent proceeding concerning the facts and circumstances of the particular case if no intervening facts or circumstances arise which would change the opinion of the Board if they had existed at the time the opinion was rendered. However, if any fact determined by the Board to be material was omitted or misstated in the request for an opinion, the Board shall not be bound by the opinion.

   (F)   A written advisory opinion issued by the Board shall be admissible in the defense of any criminal prosecution or civil proceeding for violations of this chapter for actions taken in reliance on that opinion.

  • 25.409 REPRISALS AGAINST PERSONS DISCLOSING VIOLATIONS PROHIBITED

   (A)   No officer or employee of the city or any city agency shall be subject to reprisal, or directly or indirectly use, or threaten to use, any official authority to 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 chapter.

   (B)   This section shall not be construed as prohibiting disciplinary or punitive action if an officer or employee of the city or any city agency discloses information which he or she knows:

      (1)   To be false or which he discloses with reckless disregard for its truth or falsity;

      (2)   To be exempt from the required disclosure under the provisions of the Kentucky Open Records Act, KRS 61.870 to 61.884;

      (3)   Is confidential under any other provision of law.

  • 25.500 SEVERABILITY

If any provision of this ordinance is deemed by a court of competent jurisdiction to be unenforceable or unconstitutional, the remaining provisions of this ordinance shall continue in full force and effect.

  • 25.999 PENALTY

   (A)   Any person who violates the provisions of § 25.205 pertaining to filing of statements of financial interests shall, in addition to any other penalties set out in this chapter, be subject to the following penalties:

      (1)   Any person who fails or refuses to file a financial interests statement or who fails or refuses to remedy a deficiency in the filing identified in the notice under § 25.205 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 of Ethics in an amount not to exceed twenty-five dollars ($25.00) per day, up to a maximum total civil fine of five hundred dollars ($500.00). Any civil fine imposed by the Board of Ethics 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.

      (2)   Any person who intentionally files a statement of financial interests which he knows to contain false information or intentionally omits required information shall be guilty of a Class A misdemeanor.

   (B)   Except when another penalty is specifically set forth in this chapter, any officer or employee of the city or any city agency who is found by the Board of Ethics to have violated any provision of this chapter 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 ($1,000.00), which may be recovered by the city in a civil action in the nature of a debt if the offender fails to pay the penalty within the prescribed period of time.

   (C)   In addition to all other penalties which may be imposed under this chapter, any officer or employee of the city or any city agency who is found by the Board of Ethics to have violated any provision of this chapter shall forfeit to the city or the city agency 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 forfeiture within a prescribed period of time.

   (D)   In addition to all other penalties which may be imposed under this chapter, a finding by the Board of Ethics that an officer or employee of the city or any city agency is guilty of a violation of this chapter may be sufficient cause for removal, suspension, demotion, or other disciplinary action by the executive authority of the city or city agency, or by an 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 chapter shall be taken in accordance with all applicable ordinances and regulations of the city and all applicable laws of the Commonwealth.