2014 Kentucky Revised Statutes
CHAPTER 11A - EXECUTIVE BRANCH CODE OF ETHICS
11A.080 Investigation of complaints -- Procedures -- Resolution.
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<![CDATA[11A.080 Investigation of complaints -- Procedures -- Resolution.
(1)
(2)
(3)
(4)
(a)
Upon a complaint signed under penalty of perjury by any person, or upon
its own motion, the commission shall conduct a preliminary investigation
of any alleged violation of this chapter.
(b) The preliminary investigation shall begin not later than ten (10) days after
the next commission meeting following the receipt of the sworn complaint,
or, if the investigation is initiated by the commission's own motion, not
later than ten (10) days after the date of the adoption of the motion.
(c) Within ten (10) days of the commencement of the preliminary
investigation, the commission shall forward a copy of the complaint, if one
has been filed, or a statement of possible violations being investigated,
and a general statement of the applicable law to the person alleged to
have committed a violation.
All commission proceedings and records relating to a preliminary investigation
shall be confidential until a final determination is made by the commission,
except:
(a) The commission may turn over to the Attorney General, the United States
Attorney, or the Commonwealth's attorney of the jurisdiction in which the
offense allegedly occurred, evidence which may be used in criminal
proceedings or, at its discretion, may at any time turn over to the
Personnel Board or the Auditor of Public Accounts, or both, evidence
which may be used by either or both of those agencies for investigative
purposes;
(b) If the alleged violator publicly discloses the existence of a preliminary
investigation, the commission may publicly confirm the existence of the
inquiry and, in its discretion, make public any documents which were
issued to either party;
(c) If the matter being investigated was referred to the commission from
another state agency, the commission may inform the referring state
agency of the status of any preliminary investigation and of any action
taken on the matter.
If the commission determines in the preliminary investigation that the facts are
not sufficient to constitute a violation of this chapter, the commission shall
immediately terminate the investigation and notify in writing the complainant, if
any, and the person alleged to have committed a violation. The commission
may confidentially inform the alleged violator of potential violations and provide
information to ensure future compliance with the law. If the alleged violator
publicly discloses the existence of such action by the commission, the
commission may confirm the existence of the resolution and, in its discretion,
make public any documents which were issued to the alleged violator.
If the commission, during the course of the preliminary investigation, finds
probable cause to believe that a violation of this chapter has occurred, the
commission may, upon majority vote:
(a) Due to mitigating circumstances such as lack of significant economic
advantage or gain by the alleged violator, lack of significant economic
loss to the state, or lack of significant impact on public confidence in
(b)
government, in writing, confidentially reprimand the alleged violator for
potential violations of the law and provide a copy of the reprimand to the
alleged violator's appointing authority, if any. If the alleged violator
publicly discloses the existence of such an action, the commission may
confirm the existence of the action and, in its discretion, make public any
documents which were issued to the alleged violator; or
Initiate an administrative proceeding to determine whether there has been
a violation.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 34, sec. 1, effective July 12, 2012. -Amended 2000 Ky. Acts ch. 475, sec. 6, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 603, sec. 1, effective July 15, 1998. -- Amended 1993 (1st
Extra. Sess.) Ky. Acts ch. 4, sec. 73, effective September 16, 1993. -- Created
1992 Ky. Acts ch. 287, sec. 10, effective July 14, 1992.
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