KRS § 65.003 — KY Code / Title IX / Chapter 65 / Section 65.003
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
Status: repealed

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) (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.

(2) 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) 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; 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.

(4) The code of ethics ordinance adopted by a city, county, or consolidated local

government may be amended but shall not be repealed.

(5) (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) 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. This subsection shall not be interpreted or construed

to permit the state to withhold any nondiscretionary payments that are due to the

city, county, or consolidated local government for the provision of services by the

city, county, or consolidated local government to the state or any of its agencies,

including for the use of utility services.

(7) 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.