I. Introduction
A. Establishment of the Board of Ethics
1. Creation of the Board with defined authorities and responsibilities.
2. Composition: Three members appointed by the city's executive authority, subject to legislative approval.
3. Qualifications: Members must be city residents with a reputation for integrity and knowledge of local government affairs.
4. Term: Three years, with the possibility of reappointment.
II. Board Structure and Functionality
A. Removal and Vacancies
1. Removal of a member for misconduct, inability, or neglect of duties.
2. Executive authority fills vacancies within 60 days.
B. Compensation and Reimbursement
1. Members serve without compensation but are reimbursed for necessary expenses.
C. Leadership
1. Annual election of a chairperson from among the members.
D. Meetings
1. Held as necessary, called by the chairperson or majority request.
2. Quorum and Voting: Two or more members constitute a quorum; two or more affirmative votes required for official action.
3. Conflict of Interest: Members with conflicts must disclose, disqualify, and not count towards quorum.
E. Minutes
1. Record all proceedings and votes in minutes.
III. Alternate Members and Facilities
A. Appointment of one alternate member for a one-year term.
B. Alternate members subject to the same qualifications and requirements.
C. Provision of facilities, materials, supplies, and staff within budget limits.
IV. Powers and Duties of the Board of Ethics
A. Initiation, Investigation, and Hearings
1. Independently initiate and investigate complaints.
2. Hold hearings and make findings of fact.
B. Orders and Testimony
1. Issue orders requiring reports and testimony under oath.
2. Administer oaths and order witness attendance and evidence production.
C. Referral and Advisory Opinions
1. Refer violations to relevant authorities.
2. Provide advisory opinions on potential violations.
D. Enforcement and Penalties
1. Enforce chapter provisions and issue orders.
2. Impose penalties, including fines and disciplinary actions.
E. Records and Reports
1. Maintain financial interest statements.
2. Submit required reports to the executive authority and legislative body.
V. Filing and Investigation of Complaints
A. Submission of written complaints.
B. Acknowledgment to complainant within 10 working days.
C. Preliminary inquiry within 30 days, with an opportunity for the subject to respond.
D. Confidentiality of proceedings until a final determination.
VI. Hearing Procedures
A. Non-application of Kentucky Rules of Civil Procedure and Evidence.
B. Pre-hearing document examination for the alleged violator.
C. Conducting hearings with full due process rights.
D. Public hearings unless the Board votes for executive session.
E. Deliberations, findings, and issuance of a written report within 30 days.
VII. Appeals and Limitation of Actions
A. Right to appeal within 30 days to the circuit court.
B. Action for violation within one year of discovery.
VIII. Advisory Opinions
A. Board may render advisory opinions based on real or hypothetical facts.
B. Confidentiality of requests unless waived.
C. Board may adopt regulations for issuing confidential opinions.
D. Written opinions are binding if no intervening facts arise.
IX. Protection against Reprisals
A. Prohibition of reprisals for good-faith reporting.
B. Exceptions for false information, exempted disclosures, or confidential data.
X. Penalties
A. Civil fines up to $1,000 for violations, recoverable by the city.
B. Forfeiture of economic benefits resulting from violations.
C. Violations may result in removal, suspension, demotion, or other disciplinary actions.
Ethics ComplaintIf you are aware of unethical behavior by a city employee, please complete our online form. The complaint will be sent directly to the Ethics Board.
If you would prefer, you may complete this form and send email it to ethicsboard@mtwky.org.
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