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AN ACT relating to codes of ethics for local governments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 65.003 is amended to read as follows: 3
(1) (a) The governing body of each city, county, urban-county, consolidated local 4
government, and charter county, shall adopt, by ordinance, a code of ethics 5
which shall apply to all elected officials of the city, county, urban-county, 6
consolidated local government, or charter county, and to appointed officials 7
and employees of the city, county, urban-county, consolidated local 8
government, or charter county government, or agencies created jointly, as 9
specified in the code of ethics. The elected officials of a city, county, or 10
consolidated local government to which a code of ethics shall apply include 11
the mayor, county judge/executive, members of the governing body, county 12
clerk, county attorney, sheriff, jailer, coroner, surveyor, and constable but do 13
not include members of any school board. Agencies created jointly may 14
include planning or administrative commissions or boards. Candidates for the 15
local government elective offices specified in this subsection shall comply 16
with the annual financial disclosure statement filing requirements contained in 17
the code of ethics. 18
(b) The boards, officers, and employees of special purpose governmental entities 19
shall be subject to a code of ethics as provided in KRS 65A.070. As used in 20
this section, special purpose governmental entity has the same meaning as in 21
KRS 65A.010. 22
(2) Any city, county, or consolidated local government may enter into a memorandum 23
of agreement or an interlocal agreement with one (1) or more other cities, counties, 24
or consolidated local governments for joint adoption of a code of ethics which shall 25
apply to all elected officials of the cities, counties, or consolidated local 26
governments, and to appointed officials and employees as specified by each of the 27 UNOFFICIAL COPY 25 RS BR 964
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cities, counties, or consolidated local governments which enters into the agreement. 1
Interlocal agreements shall be executed pursuant to the Interlocal Cooperation Act 2
in KRS 65.210 to 65.300. The interlocal agreement or memorandum of agreement 3
may provide for but shall not be limited to: 4
(a) The provision of administrative services relating to the implementation of a 5
code of ethics; 6
(b) The creation of a regional ethics board which serves independently to provide 7
advice to member governments and their officials and provides for the 8
enforcement of locally adopted codes of ethics; and 9
(c) Contracting by a memorandum of agreement with an area development 10
district for the provision of administrative services relating to the 11
implementation of a code of ethics. 12
Candidates for the city, county, or consolidated local government elective offices 13
specified in this subsection shall comply with the annual financial disclosure 14
statement filing requirements contained in the code of ethics. 15
(3) Each code of ethics adopted as provided by subsection (1) or (2) of this section, or 16
amended as provided by subsection (4) of this section, shall include but not be 17
limited to provisions which set forth: 18
(a) Standards of conduct for elected and appointed officials and employees; 19
(b) Requirements for creation of financial disclosure statements, which shall be 20
filed annually by all candidates for the city, county, or consolidated local 21
government elective offices specified in subsection (1) of this section, elected 22
officials of each city, county, or consolidated local government, and other 23
officials or employees of the city, county, or consolidated local government, 24
as specified in the code of ethics, and which shall be filed with the person or 25
group responsible for enforcement of the code of ethics; 26
(c) A policy on the employment of members of the families of officials or 27 UNOFFICIAL COPY 25 RS BR 964
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employees of the city, county, or consolidated local government, as specified 1
in the code of ethics; and 2
(d) The designation of a person or group who shall be responsible for 3
enforcement of the code of ethics, including maintenance of financial 4
disclosure statements, all of which shall be available for public inspection, 5
receipt of complaints alleging possible violations of the code of ethics, 6
issuance of opinions in response to inquiries relating to the code of ethics, 7
investigation of possible violations of the code of ethics, and imposition of 8
penalties provided in the code of ethics. 9
(4) The code of ethics ordinance adopted by a city, county, or consolidated local 10
government may be amended but shall not be repealed. 11
(5) (a) Within twenty-one (21) days of the adoption of the code of ethics required by 12
this section, each city, county, or consolidated local government shall deliver 13
a copy of the ordinance by which the code was adopted and proof of 14
publication in accordance with KRS Chapter 424 to the Department for Local 15
Government. The Department for Local Government shall maintain the 16
ordinances as public records and shall maintain a list of city, county, or 17
consolidated local governments which have adopted a code of ethics and a list 18
of those which have not adopted a code of ethics. 19
(b) Within twenty-one (21) days of the amendment of a code of ethics required by 20
this section, each city, county, or consolidated local government shall: 21
1. Deliver a copy of the ordinance by which the code was amended and 22
proof of publication in accordance with KRS Chapter 424 to the 23
Department for Local Government, which shall maintain the amendment 24
with the ordinance by which the code was adopted; and 25
2. Deliver a copy of the ordinance by which the code was amended to the 26
governing body of each special purpose governmental entity that 27 UNOFFICIAL COPY 25 RS BR 964
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follows that establishing entity's code of ethics pursuant to KRS 1
65A.070. 2
(c) For ordinances adopting or amending a code of ethics under this section, cities 3
of the first class and consolidated local governments shall comply with the 4
publication requirements of KRS 83A.060(9), notwithstanding the exception 5
contained in that statute. 6
(6) If a city, county, or consolidated local government fails to comply with the 7
requirements of this section, the Department for Local Government shall notify all 8
state agencies, including area development districts, which deliver services or 9
payments of money from the Commonwealth to the city, county, or consolidated 10
local government. Those agencies shall suspend delivery of all services or payments 11
to the city, county, or consolidated local government which fails to comply with the 12
requirements of this section. The Department for Local Government shall 13
immediately notify those same agencies when the city, county, or consolidated local 14
government is in compliance with the requirements of this section, and those 15
agencies shall reinstate the delivery of services or payments to the city, county, or 16
consolidated local government. 17
(7) Notwithstanding KRS 67C.103(14)(e), a simple majority of the legislative council 18
of a consolidated local government may delegate its authority to issue 19
administrative subpoenas for the attendance and testimony of witnesses and the 20
production of documents relevant to possible violations of the code of ethics to the 21
person or a majority of the group responsible for enforcement of a code of ethics. 22
Subpoenas shall be served in the same manner as subpoenas for witnesses in civil 23
cases. Compliance with the subpoenas shall be enforceable by the Circuit Court. 24
Any failure to obey an order of the court may be punished by the court as contempt 25
thereof. 26
(8) Any person subject to a final order issued by a person or group responsible for 27 UNOFFICIAL COPY 25 RS BR 964
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enforcement of a code of ethics may appeal the order to the Circuit Court of the 1
county in which the person or group that issued the order is located. The Rules of 2
Civil Procedure shall, so far as applicable, govern the procedure on appeal. An 3
appeal from the judgment of the Circuit Court may be taken to the Court of 4
Appeals. 5
Section 2. KRS 65.8831 is amended to read as follows: 6
(1) An appeal from any final order issued pursuant to KRS 65.8829(7)(c)2., or pursuant 7
to KRS 65.8828(4) or (6) may be made to the District Court of the county in which 8
the local government is located within thirty (30) days of the date the order is 9
issued, except that an appeal from a final order of a person or group responsible 10
for the enforcement of a local code of ethics shall be to the Circuit Court as 11
provided in subsection (8) of Section 1 of this Act. The appeal shall be initiated by 12
the filing of a complaint and a copy of the final order in the same manner as any 13
civil action under the Rules of Civil Procedure. The District Court shall review the 14
final order de novo. 15
(2) A judgment of the District Court may be appealed to the Circuit Court in 16
accordance with the Rules of Civil Procedure. 17
(3) If no appeal from a final order is filed within the time period set forth in subsection 18
(1) of this section, the order shall be deemed final for all purposes. 19