2016 Kentucky Revised Statutes CHAPTER 65 - GENERAL PROVISIONS APPLICABLE TO COUNTIES, CITIES, AND OTHER LOCAL UNITS .003 Codes of ethics for city, county, charter county, urban-county government, and consolidated local government officials and employees -- Codes of ethics for boards, officers, and employees of special purpose governmental entities -- Interlocal agreements.
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65.003 Codes of ethics for city, county, charter county, urban-county government,
and consolidated local government officials and employees -- Codes of ethics
for boards, officers, and employees of special purpose governmental entities -Interlocal agreements.
(1)
(2)
(a)
The governing body of each city, county, urban-county, consolidated local
government, and charter county, shall adopt, by ordinance, a code of ethics
which shall apply to all elected officials of the city, county, urban-county,
consolidated local government, or charter county, and to appointed officials
and employees of the city, county, urban-county, consolidated local
government, or charter county government, or agencies created jointly, as
specified in the code of ethics. The elected officials of a city, county, or
consolidated local government to which a code of ethics shall apply include
the mayor, county judge/executive, members of the governing body, county
clerk, county attorney, sheriff, jailer, coroner, surveyor, and constable but do
not include members of any school board. Agencies created jointly may
include planning or administrative commissions or boards. Candidates for the
local government elective offices specified in this subsection shall comply
with the annual financial disclosure statement filing requirements contained in
the code of ethics.
(b) The boards, officers, and employees of special purpose governmental entities
shall be subject to a code of ethics as provided in KRS 65A.070. As used in
this section, special purpose governmental entity has the same meaning as in
KRS 65A.010.
Any city, county, or consolidated local government may enter into a memorandum
of agreement or an interlocal agreement with one (1) or more other cities, counties,
or consolidated local governments for joint adoption of a code of ethics which shall
apply to all elected officials of the cities, counties, or consolidated local
governments, and to appointed officials and employees as specified by each of the
cities, counties, or consolidated local governments which enters into the agreement.
Interlocal agreements shall be executed pursuant to the Interlocal Cooperation Act
in KRS 65.210 to 65.300. The interlocal agreement or memorandum of agreement
may provide for but shall not be limited to:
(a) The provision of administrative services relating to the implementation of a
code of ethics;
(b) The creation of a regional ethics board which serves independently to provide
advice to member governments and their officials and provides for the
enforcement of locally adopted codes of ethics; and
(c) Contracting by a memorandum of agreement with an area development
district for the provision of administrative services relating to the
implementation of a code of ethics.
Candidates for the city, county, or consolidated local government elective offices
specified in this subsection shall comply with the annual financial disclosure
statement filing requirements contained in the code of ethics.
(3)
(4)
(5)
Each code of ethics adopted as provided by subsection (1) or (2) of this section, or
amended as provided by subsection (4) of this section, shall include but not be
limited to provisions which set forth:
(a) Standards of conduct for elected and appointed officials and employees;
(b) Requirements for creation of financial disclosure statements, which shall be
filed annually by all candidates for the city, county, or consolidated local
government elective offices specified in subsection (1) of this section, elected
officials of each city, county, or consolidated local government, and other
officials or employees of the city, county, or consolidated local government,
as specified in the code of ethics, and which shall be filed with the person or
group responsible for enforcement of the code of ethics;
(c) A policy on the employment of members of the families of officials or
employees of the city, county, or consolidated local government, as specified
in the code of ethics;
(d) The designation of a person or group who shall be responsible for
enforcement of the code of ethics, including maintenance of financial
disclosure statements, all of which shall be available for public inspection,
receipt of complaints alleging possible violations of the code of ethics,
issuance of opinions in response to inquiries relating to the code of ethics,
investigation of possible violations of the code of ethics, and imposition of
penalties provided in the code of ethics.
The code of ethics ordinance adopted by a city, county, or consolidated local
government may be amended but shall not be repealed.
(a) Within twenty-one (21) days of the adoption of the code of ethics required by
this section, each city, county, or consolidated local government shall deliver a
copy of the ordinance by which the code was adopted and proof of publication
in accordance with KRS Chapter 424 to the Department for Local
Government. The Department for Local Government shall maintain the
ordinances as public records and shall maintain a list of city, county, or
consolidated local governments which have adopted a code of ethics and a list
of those which have not adopted a code of ethics.
(b) Within twenty-one (21) days of the amendment of a code of ethics required by
this section, each city, county, or consolidated local government shall:
1.
Deliver a copy of the ordinance by which the code was amended and
proof of publication in accordance with KRS Chapter 424 to the
Department for Local Government, which shall maintain the amendment
with the ordinance by which the code was adopted; and
2.
Deliver a copy of the ordinance by which the code was amended to the
governing body of each special purpose governmental entity that follows
that establishing entity's code of ethics pursuant to KRS 65A.070.
(c) For ordinances adopting or amending a code of ethics under this section, cities
of the first class and consolidated local governments shall comply with the
publication requirements of KRS 83A.060(9), notwithstanding the exception
(6)
contained in that statute.
If a city, county, or consolidated local government fails to comply with the
requirements of this section, the Department for Local Government shall notify all
state agencies, including area development districts, which deliver services or
payments of money from the Commonwealth to the city, county, or consolidated
local government. Those agencies shall suspend delivery of all services or payments
to the city, county, or consolidated local government which fails to comply with the
requirements of this section. The Department for Local Government shall
immediately notify those same agencies when the city, county, or consolidated local
government is in compliance with the requirements of this section, and those
agencies shall reinstate the delivery of services or payments to the city, county, or
consolidated local government.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 17, sec. 4, effective June 24, 2015. -- Amended
2013 Ky. Acts ch. 40, sec. 10, effective March 21, 2013. -- Amended 2010 Ky. Acts
ch. 117, sec. 46, effective July 15, 2010. -- Amended 2007 Ky. Acts ch. 47, sec. 40,
effective June 26, 2007. -- Amended 2002 Ky. Acts ch. 291, sec. 1, effective July 15,
2002; and ch. 346, sec. 22, effective July 15, 2002. -- Amended 1998 Ky. Acts ch.
69, sec. 29, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 214, sec. 1,
effective July 15, 1996. -- Created 1994 Ky. Acts ch. 16, sec. 1, effective July 15,
1994.
Legislative Research Commission Note (3/21/2013). Under the authority of KRS 7.136,
the Reviser of Statutes has corrected a manifest clerical or technical error in this
statute. In subsection (1)(b), the word "have" has been changed to read "has."
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