2017 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 -- Delegation of council's subpoena power to investigate code of ethics violations.
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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 -- Delegation of council's
subpoena power to investigate code of ethics violations.
(1)
(2)
(3)
(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.
Each code of ethics adopted as provided by subsection (1) or (2) of this
(4)
(5)
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; and
(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 contained in that statute.
(6)
(7)
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.
Notwithstanding KRS 67C.103(14)(e), a simple majority of the legislative
council of a consolidated local government may delegate its authority to issue
administrative subpoenas for the attendance and testimony of witnesses and
the production of documents relevant to possible violations of the code of
ethics to the person or a majority of the group responsible for enforcement of a
code of ethics. Subpoenas shall be served in the same manner as subpoenas
for witnesses in civil cases. Compliance with the subpoenas shall be
enforceable by the Circuit Court. Any failure to obey an order of the court may
be punished by the court as contempt thereof.
Effective:June 29, 2017
History: Amended 2017 Ky. Acts ch. 150, sec. 7, effective June 29, 2017. -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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