TITLE 2
Chapters:
2.04 Mayor-Council Form of Government Adopted
2.08 City Council Meetings
2.12 City Officers Generally
2.16 City Clerk
2.20 City Treasurer
2.24 Legal Counsel
2.25 Code Enforcement Officer
2.28 Indemnification of City Officers and Employees
2.32 Code of Ethics
2.36 Affirmative Action Program
2.40 Police Department
2.44 Public Records
Chapter 2.04
Sections:
2.04.010 Form of government established.
2.04.020 Mayor and city council to govern.
2.04.030 Mayor--Powers and duties.
2.04.040 Ordinances--Approval by mayor.
2.04.050 Mayor--Delegation of powers.
2.04.060 Bonds, notes, contracts--Execution by
mayor.
2.04.070 City employees--Appointment and
removal.
2.04.080 Absence of mayor--Continuation of
functions.
2.04.090 City council--Powers and duties
generally.
2.04.010 Form of government established.
The city shall be governed under the mayor council form of
government as provided by KRS Chapter 83A. (Ord.
dated
2.04.020 Mayor and city council to govern.
The city shall be governed by an elected executive who shall be
called mayor and by an elected legislative body consisting of nine members which shall be called the city council, and by such other
officers and employees as may be provided for by statute or city ordinance. (Ord. dated
2.04.030 Mayor--Powers and duties.
A. The executive
authority of the city shall be vested in an exercised by the mayor. The mayor
shall enforce the mayor-council plan, city ordinances and orders and all
applicable statutes. He/she shall supervise all departments of city government
and the conduct of all city officers and employees under his/her jurisdiction
and shall require each department to make reports to him/her required by
ordinance or as he/she deems desirable. The mayor shall maintain liaison with
related units of local government respecting interlocal
contracting and joint activities. The mayor shall report to the council and to
the public on the condition and needs of city government as he/she finds
appropriate or as required by ordinance, but not less than annually. He/she
shall make any recommendations for actions by the council he/she finds in the
public interest.
B. Subject to disapproval
of the council, the mayor shall promulgate procedures to insure orderly
administration of the functions of city government and compliance with statute
or ordinance. Upon promulgation or upon revision or rescission of the
procedures, copies shall be filed with the city clerk.
C. The mayor shall
preside at meetings of the council. The council may set by ordinance the manner
in which one of its number may be selected to preside
at meetings of the council in place of the mayor. The mayor may participate in
council proceedings, but shall not have a vote, except that he/she may cast the
deciding vote in case of a tie. (Ord. dated
2.04.040 Ordinances--Approval by mayor.
All ordinances adopted by the council shall be submitted to the
mayor who shall within ten (10) days after submission either approve the
ordinance by affixing his/her signature or disapprove it by returning it to the
council together with a statement of his/her objections. No ordinance shall
take effect without the mayor’s approval unless he/she fails to return it to
the legislative body within ten (10) days after receiving it or unless the
council votes to override the mayor’s veto, upon reconsideration of the
ordinance not later than the second regular meeting following its return, by
the affirmative vote of one more than a majority of the membership. (Ord. dated
2.04.050 Mayor--Delegation of powers.
Any delegation of the mayor’s power, duties or responsibilities
to subordinate officers and employees and any expression of his/her official
authority to fulfill executive function shall be made by executive order.
Executive orders shall be sequentially numbered by years and shall be kept in a
permanent file. (Ord. dated
2.04.060 Bonds, notes, contracts--Execution by
mayor.
All bonds, notes, contracts and written obligations of the city
shall be made and executed by the mayor or his/her agent designated by
executive order. (Ord. dated
2.04.070 City employees--Appointment and
removal.
The mayor shall be the appointing authority with power to appoint
and remove all city employees, including police officers, except as tenure and
terms of employment are protected by statute, ordinance or contract and except
for employees of the council. (Ord. dated
2.04.080 Absence of mayor--Continuation of
functions.
The mayor shall provide for the orderly continuation of the
functions of city government at any time he/she is unable to attend to the
duties of his/her office by delegating responsibility for any function to be
performed in accordance with Section 2.04.050, provided that the mayor shall
not delegate the responsibility of presiding at meetings of the council and
that approving ordinances or promulgating administrative procedures may only be
delegated to an elected officer. With approval of the council, the mayor may
rescind any action taken in his/her absence under this section within thirty
(30) days of such action. If for any reason the disability of the mayor to
attend to his/her duties persists for sixty (60) consecutive days, the office
of mayor may be declared vacant by a majority vote of the council and the
provisions of KRS 83A.040 shall apply. (Ord. dated
2.04.090 City council--Powers and duties generally.
A. The legislative
authority of the city shall be vested in and exercised by the elected council
of the city. The council shall not perform any executive functions except those
functions assigned to it by statute. Regular meetings of the council shall be
held at least once each month at such times and places as are fixed by
ordinance. Special meetings of the council may be called by the mayor or upon
written request of a majority of the council. In the call, the mayor or council
shall designate the purpose, time and place of the special meeting with
sufficient notice for the attendance of council members and for compliance with
KRS Chapter 61. At a special meeting no business may be considered other than
that set forth in the designation of purpose. The minutes of every meeting
shall be signed by the city clerk.
B. The council shall by
ordinance establish all appointive offices and the duties and responsibilities
of those offices and codes, rules and regulations for the public health, safety
and welfare. The council shall by ordinance provide for sufficient revenue to
operate city government and shall appropriate the funds of the city in a budget
which shall provide for the orderly management of city resources.
C. The council shall have
the right to investigate all activities of city government. The council may
require any city officer or employee to prepare and submit to it sworn
statements regarding the performance of his/her official duties. Any statement
required by the council to be submitted or any investigation undertaken by the
council, if any office department or agency under the jurisdiction of the mayor
is involved, shall not be submitted or undertaken unless and until written
notice of the council’s action is given to the mayor. The mayor shall have the
right to review any statement before submission to the council and to appear
personally or through his/her designee on behalf of any department, office or
agency in the course of an investigation. (Ord. dated
Chapter 2.08
Sections:
2.08.010 Generally.
2.08.010 Generally.
A. Special meetings may
be called as provided by law.
B. All meetings of a
quorum of the city council shall be open to the public and all public records
of the city shall be open for inspection by any person in accordance with KRS
61.805 to KRS 61.884. (Ord. dated
Chapter 2.12
Sections:
2.12.010 City clerk and city treasurer--Oath of
office required.
2.12.020 City clerk and city treasurer--Bond
required.
2.12.030 Authority to combine offices.
2.12.010 City clerk and city treasurer--Oath of
office required.
Before entering upon the duties of his/her office, the city clerk
and the city treasurer shall each take the oath as prescribed by the Kentucky
Constitution, Section 228, for city officials. (Ord.
dated
2.12.020 City clerk and city treasurer--Bond
required.
The city clerk and city treasurer shall each execute bond before
entering upon the duties of their respective offices, conditioned for the
faithful performance of his/her duties, including the duties of all offices of
which he or she is ex-officio incumbent. The amount and sufficiency of such
bond shall be approved by the city council. The bond of the treasurer shall be
filed with the city clerk and the bond of the clerk shall be filed with the
mayor. (Ord. dated
2.12.030 Authority to combine offices.
A. The city council may
combine the offices of city clerk and city treasurer to be known as city
clerk/treasurer with all of the duties of each office, by appointing the same
person to both offices.
B. The salary of the city
clerk/treasurer shall be specified by the council at any time that these
offices are combined. (Ord. dated
2.12.040 Compensation
of City Clerk
The salary of the City Clerk is hereby fixed at a sum of no less
than $2,000 per annum nor more than $5,000 per annum
as determined by the City Council.
Chapter 2.16
Sections:
2.16.010 Office established.
2.16.020 Appointment.
2.16.030 Eligibility.
2.16.040 Duties and responsibilities.
2.16.050 Oath required.
2.16.010 Office established.
There is established the office of city clerk as a nonelective city office under KRS 83A.080. (KRS 83A.085). (Ord. dated
2.16.020 Appointment.
The city clerk shall be appointed by the mayor with the approval
of the city council, for a term of two years beginning on the first day of
January of even numbered years and until his/her successor is appointed and
qualified. (Ord. dated
2.16.030 Eligibility.
The city clerk shall be at least twenty-one (21) years of age and
of good moral character. Residency within the city shall not be required. (Ord. dated
2.16.040 Duties and responsibilities.
The duties and responsibilities of the city clerk shall include,
but not be limited to the following:
A. Maintenance and
safekeeping of the permanent records of the city;
B. Performance of the
duties required of the “official custodian” or “custodian” pursuant to KRS
61.870 through 61.882;
C. Possession of the seal
of the city used;
D. Performance of all
duties and responsibilities required of the city clerk by statute or ordinance.
(KRS 83A.085); and
E. Such other duties as may
be assigned by the mayor or city council. (Ord. dated
2.16.050 Oath required.
Before entering upon the duties of office, the City Clerk shall
take the oath prescribed by the Kentucky Constitution, Section 228 for city
officials. (Ord. dated
Chapter 2.20
Sections:
2.20.010 Office created.
2.20.020 Appointment.
2.20.030 Eligibility.
2.20.040 Duties and responsibilities.
2.20.050 Salary.
2.20.060 Bond required.
2.20.070 Oath required.
2.20.080 Evaluation.
2.20.010 Office created.
There is created a nonelective city
office to be known as the office of city treasurer. (Ord.
dated
2.20.020 Appointment.
The city treasurer shall be appointed by the mayor with approval
of the city council at the January meeting of even numbered years for a term of
two years, expiring on December 31st of odd numbered years, or until a
successor is appointed and qualified. (Amended during 2002 codification; Ord. dated
2.20.030 Eligibility.
The city treasurer shall be at least twenty-one (21) years of age
and of good moral character, and shall possess such professional training and
experience to ensure competent performance of the duties of the office.
Residency within the city shall not be required, although residents shall be
preferred. (Ord. dated
2.20.040 Duties and responsibilities.
The duties and responsibilities of the city treasurer shall
include, but not be limited to the following:
A. Receive and safely
keep all city funds belonging to the city. Such funds shall be kept in an
official depository designated by the city council.
B. Keep an accurate and
complete account of all the receipts and expenditures of the city, showing
amounts, when, from whom, to whom, and for what purpose all city funds were
received or paid out.
C. Disburse city funds by
written authorization approved by the city council, which shall state the name
of the person to whom funds are payable, the purpose of the payment and the
fund out of which such funds are payable.
D. Make quarterly
settlements with the city clerk, and prepare a statement showing the receipts
and expenditures of the city for the preceding quarter and the amount remaining
in each fund in the treasury which, when approved by the city council, shall be
spread at large upon the record.
E. Make monthly reports
to the city council showing the state of the finances of the city, and the
amounts received and spent during the month, which reports shall be filed.
F. Make an annual report
at the close of the fiscal year with the total amount of all receipts and
expenditures of the city and the transactions during the preceding year.
G. Perform such other
duties as may be required by the city council. (Ord.
dated
2.20.050 Salary.
The salary of the city treasurer is fixed by the city council at
no less than three thousand dollars ($3,000.00) nor more than eight thousand
dollars ($8,000.00) per year, as determined by the city council, payable
monthly, or as otherwise directed by the council. (Ord.
dated
2.20.060 Bond required.
Before entering upon the duties of office, the city treasurer
shall execute bond conditioned upon the faithful performance of his or her
duties, including the duties of all offices of which he or she is ex-officio
incumbent. The amount and sufficiency of such bond shall be approved by the
city council. The bond of the city treasurer shall be filed with the city
council. (Ord. dated
2.20.070 Oath required.
Before entering upon the duties of office, the city treasurer
shall take the oath prescribed by the Kentucky Constitution, Section 228 for
city officials. (Ord. dated
2.20.080 Evaluation.
The individual appointed for this position shall be evaluated no
later than six months after the beginning of his or her employment. (Ord. dated
Sections:
2.24.010 Selection--Term of service.
2.24.020 Duties.
2.24.030 Retainer--Additional compensation.
2.24.040 City right to obtain other counsel.
2.24.010 Selection--Term of service.
In lieu of establishing an office of city attorney, the city may
retain a licensed attorney as legal counsel, such attorney to be selected by
the city council at the January meeting of each even numbered year to serve for
a period of two years, subject to removal at the pleasure of the city council,
with or without cause. (Ord. dated
2.24.020 Duties.
The duties of legal counsel shall be as follows:
A. Legal counsel shall
prosecute or defend any and all suits or actions at law or equity to which the
city may be a party, or in which it may be interested, or which may be brought
against, or by, any officer of the city, on behalf of the city, or in the
capacity of such person as an officer of the city.
B. To see to the full
enforcement of all judgments or decrees rendered or entered in favor of the
city and of all similar interlocutory orders.
C. He/she shall be legal
advisor to the city officials and the city council and shall render service on
all legal questions affecting the city, whenever requested to do so by any city
official. Upon request by the mayor or city council, he/she shall reduce any
such opinion to writing.
D. He/she shall see to
the completion of all special assessment proceedings and condemnation
proceedings.
E. He/she shall draft or
supervise the phraseology of any contract, lease or other document or
instruments, to which the city may be a party; and upon request of the council,
draft ordinances covering any subjects within the power of the city.
F. He/she shall perform
such other duties as are prescribed by ordinance. (Ord.
dated
2.24.030 Retainer--Additional compensation.
Legal counsel shall receive for his/her services a retainer as
fixed by the city council, and a fee for all advisory services, the drafting of
ordinances, contracts, and other documents, and all services rendered in
connection with bond issues, or litigation to which the city or its officers or
employees in their official capacity may be parties. For all such services not
covered by the retainer, he/she shall receive such compensation as may be
authorized by the city council. (Ord. dated
2.24.040 City right to obtain other counsel.
The city council retains the right to obtain legal counsel from
other licensed attorneys for matters which are deemed by the council to require
special expertise or effort beyond that readily available from retained
counsel. (Ord. dated
Chapter 2.25
Sections:
2.25.010 Creation of Office.
2.25.020 Qualifications.
2.25.030 Oath of Office required.
2.25.040 Bond may be required.
2.25.050 Part time office
2.25.060 Selection
2.25.070 Powers of Citation Officer
2.25.080 Citation Procedure
2.25.090 Code Enforcement Officer
2.25.100 Arrest Limitations
2.25.110 May act under Interlocal
Cooperation Act Agreement
2.25.010 Creation of office
There
is hereby created a non-elected city office to be known as "citation
officer".
2.25.020 Qualifications.
No person shall be appointed as a
citation officer unless he or she is:
a. at least 21
years of age; and
b. is a high
school graduate or has received a General Equivalency Diploma (G.E.D.); and
c. is sober,
moral, and sagacious; and
d. no person
who has been convicted of a felony is eligible for appointment.
2.25.030 Oath of Office required.
Before
entering upon his/her duties of office, a citation officer shall take the oath
as prescribed by Kentucky Constitution, Section 228.
2.25.040 Bond may be required.
If
required by the City Council, a bond in such amount as may be fixed by the City
Council, shall be filed with the City Clerk.
2.25.050 Part time office.
The
office or position shall be deemed a part time employment, and the compensation
shall be not less than $10.00 per hour or more than $80.00 per hour, and such
other benefits, if any, as the city elects to provide.
2.25.060 Selection.
The
appointment shall be made by the Mayor with the approval of the City
Council. The Citation Officer shall
serve at the pleasure of the Mayor and City Council. The Citation Officer shall
file a monthly report with the Mayor on the first day of each month reporting
on activities for the previous month.
The Mayor may delegate to the Chief of Police or other officer or
employee of the City the superintendence over the Citation Officer.
2.25.070 Powers of Citation Officer.
The
citation officer shall not have the powers of peace officers to make arrests or
to carry deadly weapons, but may issue citations, unless otherwise restricted
by the City Council upon observance of:
a. Non-moving motor vehicle offenses.
b. Violations ordinances except for
moving motor vehicle offenses and except for offenses which constitute a
violation of the Kentucky Penal Code.
c.
Any other duties prescribed by the
City Council and not contrary to law.
2.25.080 Citation Procedure.
The
procedure for citations issued by a citation officer shall be as provided in
KRS 431.015.
2.25.090 Code Enforcement Officer.
The
citation officer may also be referred to as the "Code Enforcement
Officer."
2.25.100
Arrest
Limitations.
Nothing
contained herein shall limit the power of a citation officer to make an arrest
as a private person as provided in KRS 431.005.
2.25.110
May act under Interlocal Agreement.
Acting
under a Interlocal
Cooperation Act Agreement, the City may jointly appoint a Citation Officer with
another party to the agreement.
(Ord. 04.02 Adopted
Sections:
2.28.010 Definitions.
2.28.020 Legal defense of officers and
employees.
2.28.030 Legal representation.
2.28.040 Notice of claim--Filed with mayor.
2.28.050 City refusal to provide defense.
2.28.060 Recovery of costs by officer or
employee.
2.28.070 City--Payment of judgment.
2.28.080 City--Refusal to pay judgment.
2.28.090 Compromise or settlement--Council
approval required.
2.28.100 Action by city not deemed admission.
2.28.010 Definitions.
For purposes of this chapter, the following definitions shall
apply unless the context clearly requires a different meaning:
“Action in tort” means any claim for monetary damages based upon
negligence, intentional tort, nuisance, products liability and strict liability
and shall also include a wrongful death or survival-type action.
“Officer” means any person holding an elective office of the
city: city clerk, city treasurer, city
tax collector, city engineer, and the attorney for the city.
“Employee” means all full and part-time employees of the city but
shall not include any independent contractor or any employee, agent, supplier,
or subcontractor of any independent contractor. (Ord.
dated
2.28.020 Legal defense of officers and
employees.
Except as provided in Section 2.28.050, the city shall, without
cost to the officer or employee, provide for the legal defense of any officer
or employee in any action in tort arising out of an act or omission occurring
within the scope of the officer’s or employee’s employment or public duties
with the city. (Ord. dated
2.28.030 Legal representation.
The city may provide for the defense of an officer or employee
through its own legal counsel or by employing independent legal counsel or by
purchasing insurance which requires the insurer to defend. If the city defends
through its own legal counsel and its legal counsel determines that the
interests of the officer or employee and the city conflict, the city shall
obtain the written consent of the employee for such representation or shall
provide independent representation. An employee may have his/her own legal
counsel to assist in the defense at the expense of the employee. (Ord. dated
2.28.040 Notice of claim--Filed with mayor.
Upon receiving service of a summons and complaint in any action
in tort brought against him/her, an officer or employee shall within ten (10)
days of his/her receipt of service, give written notice of the claim and make a
request that the city provide a defense to the action. The notice of claim and
request for defense shall be filed with the mayor. (Ord.
dated
2.28.050 City refusal to provide defense.
The city may refuse to provide for the defense of any action in
tort brought against an officer or employee of the city if the city determines
and notifies the employee in writing that:
A. The act or omission
was not within the actual or apparent scope of the employee’s employment;
B. The employee acted or
failed to act because of fraud, malice or corruption; or
C. A timely request to
defend was not made in accordance with Section 2.28.040. (Ord.
dated
2.28.060 Recovery of costs by officer or
employee.
If the city refuses to provide an officer or employee with a defense
and the officer or employee provides his/her own defense, the officer or
employee shall be entitled to recover all necessary and reasonable costs of
said defense from the city if the act or omission is judicially determined to
have arisen out of the actual or apparent scope of the officer’s duties or
employee’s employment and the employee is found to have acted without fraud,
malice or corruption. (Ord. dated
2.28.070 City--Payment of judgment.
Subject to the limitations set forth in Section 2.28.080, and
provided that the city shall not pay any award of punitive exemplary damages,
the city shall pay any judgment rendered against an officer or employee in
action in tort, or any compromise or settlement of such action. (Ord. dated
2.28.080 City--Refusal to pay judgment.
The city may refuse to pay any judgment compromise or settlement
in any action in tort against an officer or employee or if the city pays any
judgment, compromise or settlement, it may recover from the officer or employee
the amount of such payment and the costs to defend if:
A. The officer or
employee acted or failed to act because of fraud, malice or corruption;
B. The action was outside
the actual or apparent scope of the employee’s employment;
C. The employee willfully
failed or refused to assist the defense of the action; or
D. The employee
compromised or settled the claim without the consent of the city council. (Ord. dated
2.28.090 Compromise or settlement--Council
approval required.
An officer or employee who is being provided a defense in an
action in tort by the city shall not enter into any compromise or settlement of
the action without the approval of the city council. (Ord.
dated
2.28.100 Action by city not deemed admission.
Nothing in this chapter shall be construed as a waiver of any
defense which the city may assert in any action in tort brought against it or
any officer or employee of the city. Defense by the city of any action shall
not be deemed an admission by the city that the acts of the officer or employee
were within the actual or apparent scope and course of such person’s office or
duties. (Ord. dated
Sections:
2.32.010 Title.
2.32.020 Findings.
2.32.030 Purpose and authority.
2.32.040 Definitions.
2.32.050 Conflicts of interest in general.
2.32.060 Conflicts of interest in contracts.
2.32.070 Receipt of gifts.
2.32.080 Use of city property, equipment and
personnel.
2.32.090 Representation of interests before city
government.
2.32.100 Misuse of confidential information.
2.32.110 Who must file.
2.32.120 When to file statements--Amended statements.
2.32.130 Statement of financial interests--Form.
2.32.140 Statement of financial
interests--Control and maintenance.
2.32.150 Statement of financial
interests--Contents.
2.32.160 Filing requirement--Noncompliance.
2.32.170 Nepotism prohibited.
2.32.180 Board of ethics--Created.
2.32.190 Board of ethics--Alternate members.
2.32.200 Board of ethics--Powers and duties.
2.32.210 Complaints--Filing and investigation.
2.32.220 Hearings--Notice.
2.32.230 Hearings--Procedure.
2.32.240 Appeals.
2.32.250 Limitation of actions.
2.32.260 Advisory opinions.
2.32.270 Reprisals against persons disclosing
violations--Prohibited.
2.32.280 Violation--Penalty.
2.32.010 Title.
This chapter shall be known and may be cited as the “City of
Indian Hills Code of Ethics.” (CO 110-94 § 1)
2.32.020 Findings.
The city council finds and declares that:
A. Public office and
employment with the city are public trusts.
B. The vitality and
stability of the government of the city depends upon the public’s confidence in
the integrity of its elected and appointed officers and employees. Whenever the
public perceives a conflict between the private interests and the public duties
of a city officer or employee, that confidence is imperiled.
C. The government of the
city has a duty to provide its citizens with the standards by which they may
determine whether public duties are being faithfully performed, and to make its
officers and employees aware of the standards which the citizenry rightfully
expects them to comply with while conducting their public duties. (CO 110-94 §
2)
2.32.030 Purpose and authority.
A. It is the purpose of
this chapter to provide a method of assuring that the standards of ethical and
financial disclosure requirements for officers and employees of the city shall
be clearly established, uniform in their application, and enforceable, and to
provide the officers and employees of the city with advice and information
concerning potential conflicts of interest which might arise in the conduct of
their public duties.
B. It is the further
purpose of this chapter to meet the requirements of KRS Ch. 65 as enacted by
the 1994 Kentucky General Assembly.
C. This chapter is
enacted under the power vested in the city by KRS 82.082 and pursuant to
requirements of KRS Ch. 65. (CO 110-94 § 3)
2.32.040 Definitions.
As used in this chapter, unless the context clearly requires a
different meaning:
“Business” means any corporation, partnership, sole
proprietorship, firm, enterprise, franchise, association, organization,
self-employed individual, holding company, joint stock company, receivership,
trust, professional service corporation, or any legal entity through which
business is conducted for profit.
“Board of ethics” means the city of
“Candidate” means any individual who seeks nomination or election
to a city office. An individual is a candidate when the individual files a
notification and declaration for nomination for office with the county clerk or
Secretary of State, or is nominated for office by a political party, or files a
declaration of intent to be a write-in candidate with the county clerk or
Secretary of State.
“City” refers to the city of
“City agency” means any board, commission, authority, nonstock corporation, or other entity created, either individually
or jointly, by the city.
“Employee” means any person, whether full-time or part-time, and
whether paid or unpaid, who is employed by or provides service to the city. The
term “employee” shall not include any contractor or subcontractor or any of
their employees.
“Family members” means a spouse, parent, child, brother, sister,
mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent or
grandchild.
“Immediate family member” means a spouse, an unemancipated
child residing in the officer’s or employee’s
household, or a person claimed by the officer or employee, or the officer’s or
employee’s spouse, as a dependent for tax purposes.
“Officer” means any person, whether full-time or part-time, and
whether paid or unpaid, who is one of the following: (1) the mayor; 2) a city
council member; (3) any person who occupies a nonelected
office created under KRS 83A.080; or (4) a member of the governing body of any
city agency who has been appointed to the governing body of the agency by the city.
(CO 110-94 § 4)
Article II. Standards of
Conduct
2.32.050 Conflicts of interest in general.
Every officer and employee of the city and every city agency
shall comply with the following standards of conduct:
A. No officer or
employee, or any immediate family member of any officer or employee, shall have
an interest in a business or engage in any business, transaction, or activity,
which is in substantial conflict with the proper discharge of the officer’s or
employee’s public duties.
B. No officer or employee
shall intentionally use or attempt to use his or her official position with the
city to secure unwarranted privileges or advantages for himself or herself or
others.
C. No officer or employee
shall intentionally take or refrain from taking any discretionary action, or
agree to take or refrain from taking any discretionary action, or induce or
attempt to induce any other officer or employee to take or refrain from taking
any discretionary action, on any matter before the city in order to obtain a
financial benefit for any of the following:
1. The officer or
employee;
2. A family member;
3. An outside employer;
4. Any business in which
the officer or employee, or any family member has a financial interest.
D. No officer or employee
shall be deemed in violation of any provision in this section if, by reason of
the officer’s or employee’s participation, vote, decision, action or inaction,
no financial benefit accrues to the officer or employee, a family member, an
outside employer, or as a member of any business, occupation, profession, or
other group, to any greater extent than any gain could reasonably be expected
to accrue to any other member of the business, occupation, profession, or other
group.
E. Every officer or
employee who has a prohibited financial interest which the officer or employee
believes or has reason to believe may be affected by his or her participation,
vote, decision or other action taken within the scope of his or her public
duties shall disclose the precise nature and value of the interest, in writing,
to the governing body of the city or city agency served by the officer or
employee, and the disclosure shall be entered on the official record of the
proceedings of the governing body. The officer or employee shall refrain from
taking any action with respect to the matter that is the subject of the
disclosure. (CO 110-94 § 5)
2.32.060 Conflicts of interest in contracts.
A. No officer or employee
of the city or any city agency shall directly or through others undertake,
execute, hold, or enjoy, in whole or in part, any contract made, entered into,
awarded, or granted by the city or a city agency, except as follows:
1. The prohibition in
subsection A of this section shall not apply to contracts entered into before
an elected officer filed as a candidate for city office, before an appointed
officer was appointed to a city or city agency office, or before an employee
was hired by the city or a city agency. However, if any contract entered into
by a city or city agency officer or employee before he or she became a
candidate, was appointed to office, or was hired as an employee, is renewable
after he or she becomes a candidate, assumes the appointed office, or is hired
as an employee, then the prohibition in subsection A of this section shall
apply to the renewal of the contract.
2. The prohibition in
subsection A of this section shall not apply if the contract is awarded after
public notice and competitive bidding, unless the officer or employee is
authorized to participate in establishing the contract specifications, awarding
the contract, or managing contract performance after the contract is awarded.
If the officer or employee has any of the authorities set forth in the
preceding sentence, then the officer or employee shall have no interest in the
contract, unless the requirements set forth in subsection (A)(3) of this
section are satisfied.
3. The prohibition in
subsection A of this section shall not apply in any case where the following
requirements are satisfied:
a. The specific nature
of the contract transaction and the nature of the officer’s or employee’s
interest in the contract are publicly disclosed at a meeting of the governing
body of the city or city agency;
b. The disclosure is made
a part of the official record of the governing body of the city or city agency
before the contract is executed;
c. A finding is made by
the governing body of the city or city agency that the contract with the
officer or employee is in the best interests of the public and the city or city
agency because of price, limited supply, or other specific reasons;
d. The finding is made a
part of the official record of the governing body of the city or city agency
before the contract is executed.
B. Any violation of this
section shall constitute a Class A misdemeanor, and
upon conviction, the court may void any contract entered into in violation of
this section. Additionally, a violation of this section shall be grounds for
removal from office or employment with the city in accordance with any
applicable provision of state law and chapters, rules or regulations of the
city. (CO 110-94 § 6)
2.32.070 Receipt of gifts.
No officer or employee of the city or any city agency shall
directly, or indirectly through any other person or business, solicit or accept
any gift having a fair market value of more than two hundred dollars ($200.00),
whether in the form of money, service, loan, travel, entertainment,
hospitality, thing or promise, or any other form, under circumstances in which
it could reasonably be inferred that the gift was intended to influence, or
could reasonably be expected to influence the officer or employee in the
performance of his or her public duties. (CO 110-94 § 7)
2.32.080 Use of city property, equipment and
personnel.
No officer or employee of the city shall use or permit the use of
any city time, funds, personnel, equipment, or other personal or real property
for the private use of any person, unless:
A. The use is
specifically authorized by a stated city policy;
B. The use is available
to the general public, and then only to the extent and upon the terms that such
use is available to the general public. (CO 110-94 § 8)
2.32.90
Representation
of interests before city government.
A. No officer or employee
of the city or any city agency shall represent any person or business, other
than the city, in connection with any cause, proceeding, application or other
matter pending before the city or any city agency.
B. Nothing in this
section shall prohibit an employee from representing another employee or
employees where the representation is within the context of official labor
union or similar representational responsibilities.
C. Nothing in this
section shall prohibit any officer or employee from representing himself or herself
in matters concerning his or her own interests.
D. No elected officer
shall be prohibited by this section from making any inquiry for information on
behalf of a constituent, if no compensation, reward or other thing of value is
promised to, given to, or accept by the officer, whether directly or
indirectly, in return for the inquiry. (CO 110-94 § 9)
2.32.100 Misuse of confidential information.
No officer or employee of the city or any city agency shall
intentionally use or disclose information acquired in the course of his or her
official duties, if the primary purpose of the use or disclosure is to further
his or her personal financial interest or that of another person or business.
Information shall be deemed confidential, if it is not subject to disclosure
pursuant to the Kentucky Open Records Act, KRS 61.872 to 61.884, at the time of
its use or disclosure. (CO 110-94 § 10)
Article III. Financial
Disclosure
2.32.110 Who must file.
Officers and employees of the city and city agencies, as such
terms are defined in Section 2.32.040, shall file an annual statement of
financial interests with the board of ethics; provided, however, that nonelected officers and employees of the city or any city
agency shall be required to file an annual statement of financial interests
only if they are authorized to make purchases of materials or services, or
award contracts, leases or agreements involving the expenditure of more than
five thousand dollars ($5,000.00). (CO 110-94 § 11)
2.32.120 When to file statements--Amended
statements.
A. The initial statement
of financial interests required by this section shall be filed with the board
of ethics, or the administrative official designated as the custodian of its
records by the board of ethics, no later than
1. An officer or employee
newly appointed to fill an office or position of employment with the city or a
city agency shall file his or her initial statement no later than thirty (30)
days after the date of the appointment;
2. A candidate for city
office shall file his or her initial statement no later than thirty (30) days
after the date on which the person becomes a candidate for elected city office.
B. The board of ethics
may grant a reasonable extension of time for filing a statement of financial
interests for good cause shown.
C. In the event there is
a material change in any information contained in a financial statement that
has been filed with the board, the officer or employee shall, no later than
thirty (30) days after becoming aware of the material change, file an amended
statement with the board. (CO 110-94 § 12)
2.32.130 Form of the statement of financial
interests.
The statement of financial interests shall be on a form
prescribed by the board of ethics, or the administrative official designated by
the board of ethics. The board, or the designated administrative official,
shall deliver a copy of the form to each officer and employee required to file
the statement by first class mail or hand delivery no later than January 1st of
each year. The failure of the board, or the designated administrative official,
to deliver a copy of the form to any officer or employee shall not relieve the
officer or employee of the obligation to file the statement. (CO 110-94 § 13)
2.32.140 Statement of financial
interests--Control and maintenance.
A. The board of ethics
shall be the “official custodian” of the statements of financial interests and
shall have control over the maintenance of the statements of financial
interests. The statements of financial interests shall be maintained by the
board of ethics, or the administrative official designated by the board of
ethics as the “custodian,” as public documents available for public inspection
immediately upon filing.
B. A statement of
financial interests shall be retained by the board, or the designated
administrative official, until the expiration of one year after a person ceases
to be an officer or employee of the city or a city agency, at which time the
board shall cause to be destroyed any statements of financial interests or
copies of those statements filed by the person.
C. A statement of financial
interests shall be retained by the board, or the designated administrative
official, until the expiration of one year after any election at which a
candidate for elected city office was not elected or nominated, at which time
the board shall cause to be destroyed any statements of financial interests or
copies of those statements filed by the person. (CO 110-94 § 14)
2.32.150 Statement of financial
interests--Contents.
A. The statement of
financial interests shall include the following information for the preceding
calendar year:
1. The name, current
business address, business telephone number and home address of the filer;
2. Title of the filer’s
office, office sought or position of employment;
3. Occupation and
employer of the filer;
4. Information that
identifies each source of the individual’s income other than employment of the
filer and the filer’s immediate family members exceeding fifteen thousand
dollars ($15,000.00) during the preceding calendar year, and the nature of the
income (e.g., commission, dividends, etc.), except that no filer shall be
required to specify the amount of such income, and no filer shall be required
to disclose income that is derived from Social Security, retirement fund,
disability insurance, maintenance or child support, or income from any source
which is not currently doing business with the city, has not done business with
the city in the preceding year and/or is not currently seeking to do business
with the city;
5. The name and address
of any business located within or outside the state in which the filer or any
immediate family member of the filer had, during the preceding calendar year,
an interest exceeding fifteen thousand dollars ($15,000.00) at fair market
value, or an ownership interest of five percent or more, except that no filer
shall be required to disclose an ownership interest in any business which is
not currently doing business with the city, has not done business with the city
in the preceding year and/or is not currently seeking to do business with the
city.
B. Nothing in this
section shall be construed to require an officer or employee to disclose any
specific dollar amount nor the names of individual clients or customers of
businesses listed as sources of income. (Amended during 2002 codification; CO
110-94 § 15)
2.32.160 Filing requirement--Noncompliance.
A. The board of ethics,
or the designated administrative official, shall notify by certified mail each
person required to file a statement of financial interests who fails to file
the statement by the due date, files an incomplete statement, or files a
statement in a form other than that prescribed by the board. The notice shall
specify the type of failure or delinquency, shall establish a date by which the
failure or delinquency shall be remedied, and shall advise the person of the
penalties for a violation.
B. Any person who fails
or refuses to file the statement or who fails or refuses to remedy a deficiency
in the filing identified in the notice under subsection A of this section within
the time period established in the notice shall be guilty of a civil offense
and shall be subject to a civil fine imposed by the board in an amount not to
exceed twenty-five dollars ($25.00) per day, up to a maximum total civil fine
of five hundred dollars ($500.00). Any civil fine imposed by the board under
this section may be recovered by the city in a civil action in the nature of
debt if the offender fails or refuses to pay the penalty within a prescribed
period of time.
C. Any person who intentionally
files a statement of financial interests which he or she knows to contain false
information or intentionally omits required information shall be guilty of a
Class A misdemeanor. (CO 110-94 § 16)
2.32.170 Nepotism prohibited.
No family member of a city officer or employee shall be appointed
to any office or position of employment with the city or a city agency if such
officer or employee will have responsibility, directly or indirectly, to
supervise, manage or control the work of the family member without disclosure
to and approval by the city council, with such approval being noted in the
official minutes. (CO 110-94 § 17)
2.32.180 Board of ethics--Created.
A. There is created a
board of ethics which shall have the authorities, duties, and responsibilities
as set forth in this chapter to enforce the provisions of this chapter.
B. The board of ethics
shall consist of three members who shall be appointed by the mayor, subject to
the approval of the city council. The initial members of the board of ethics
shall be appointed within sixty (60) days of the effective date of the
ordinance codified in this chapter. No member of the board of ethics shall hold
any elected or appointed office, whether paid or unpaid, or any position of
employment with the city or any city agency. The members shall serve for a term
of three years; except that with respect to the members initially appointed,
one member shall be appointed for a term of one year, one member shall be appointed for a term
of two years; and one member shall be appointed for a term of three years.
Thereafter, all appointments shall be for a term of three years. Each member of
the board of ethics shall have been a resident of the city for at least one year
prior to the date of the appointment and shall reside in the city throughout
the term in office. The members of the board of ethics shall be chosen by
virtue of their known and consistent reputation for integrity and their
knowledge of local government affairs. The members may be reappointed for any
number of consecutive terms.
C. A member of the board
of ethics may be removed by the mayor, subject to the approval of the city
council, for misconduct, inability, or willful neglect of duties. Before any
member of the board of ethics is removed from office under this section, the
member shall be afforded the opportunity for a hearing before the mayor and the
city council.
D. Vacancies on the board
of ethics shall be filled within sixty (60) days by the mayor, subject to the
approval of the city council. If a vacancy is not filled by the mayor within
sixty (60) days, the remaining members of the board of ethics shall fill the
vacancy. All vacancies shall be filled for the remainder of the unexpired term.
E. Members of the board
of ethics shall serve without compensation, unless otherwise approved by the
legislative body, but shall be reimbursed for all necessary and reasonable
expenses incurred in the performance of their duties.
F. The board of ethics
shall, upon the initial appointment of its members, and annually thereafter,
elect a chairperson from among the membership. The chairperson shall be the
presiding officer and a full voting member of the board.
G. Meetings of the board
of ethics shall be held, as necessary, upon the call of the chairperson or at
the written request of a majority of the members.
H. The presence of all
three members shall constitute a quorum and the affirmative vote of two or more
members shall be necessary for any official action to be taken. Any member of
the board of ethics who has a conflict of interest with respect to any matter
to be considered by the board shall disclose the nature of the conflict, shall
disqualify himself or herself from voting on the
matter, and shall not be counted for purposes of establishing a quorum.
I. Minutes shall be kept
for all proceedings of the board of ethics and the vote of each member on any
issue decided by the board shall be recorded in the minutes. (CO 110-94 § 18)
2.32.190 Board of ethics--Alternate members.
The mayor, with the approval of the city council may appoint two
alternate members of the board of ethics who may be called upon to serve when
any regular member of the board is unable to discharge his or her duties. An alternate
member shall be appointed for a term of one year. Alternate members shall meet
all qualifications and be subject to all of the requirements of this chapter
that apply to regular members. (CO 110-94 § 19)
2.32.200 Board of ethics--Powers and duties.
The board of ethics shall have the following powers and duties:
A. To receive and
investigate complaints, hold hearings, and make findings of fact and
determinations with regard to alleged violations of the provisions of this
chapter.
B. To adopt rules and
regulations and to take other actions, as necessary, to implement the
provisions of this chapter, provided that the rules, regulations, and actions
are not in conflict with the provisions of this chapter or any state or federal
law.
C. To refer any
information concerning violations of this chapter to the mayor, the city
council, the governing body of any city agency, the county attorney, or other
appropriate person or body, as necessary.
D. To render advisory
opinions to city and city agency officers and employees regarding whether a
given set of facts or circumstances would constitute a violation of any
provision of this chapter.
E. To enforce the
provisions of this chapter with regard to all officers and employees of the
city and city agencies who are subject to its terms by issuing appropriate
orders.
F. To control and
maintain all statements of financial interests that are required to be filed by
this chapter and to ensure that the statements are available for public
inspection in accordance with the requirements of this chapter and the Kentucky
Open Records Act.
G. To develop and submit
any reports regarding the conduct of its business that may be required by the
executive authority or legislative body of the city. (CO 110-94 § 20)
2.32.210 Complaints--Filing and investigation.
A. All complaints
alleging any violation of the provisions of this chapter shall be submitted to
the board of ethics, or the administrative official designated by the board of
ethics. All complaints shall be in writing, signed by the complainant, and
shall meet any other requirements established by the board of ethics. The board
shall forward within ten (10) working days to each officer or employee of the
city or city agency who is the subject of the complaint a copy of the complaint
and a general statement of the applicable provisions of this chapter.
B. Within thirty (30)
days of the receipt of a proper complaint, the board of ethics shall conduct a
preliminary inquiry concerning the allegations contained in the complaint. The
board shall afford a person who is the subject of the complaint an opportunity
to respond to the allegations in the complaint.
C. All proceedings and
records relating to a preliminary inquiry being conducted by the board of
ethics shall be confidential until a final determination is made by the board,
except:
1. The board may turn
over to the Commonwealth’s attorney or county attorney evidence which may be
used in criminal proceedings;
2. If the complainant or
alleged violator publicly discloses the existence of a preliminary inquiry, the
board may publicly confirm the existence of the inquiry, and, at its
discretion, make public any documents which were issued to either party.
D. If the board of ethics
concludes, based upon its preliminary inquiry, that the complaint is within its
jurisdiction and contains allegations sufficient to establish a minimal factual
basis to constitute a violation, the board shall notify the officer or employee
who is the subject of the complaint and may:
1. Due to mitigating
circumstances, issue a written confidential reprimand to the officer or
employee concerning the alleged violation and provide a copy of the
confidential reprimand to the mayor and city council or governing body of the
city agency;
2. Initiate a hearing to
determine whether there has been a violation.
E. Any person who
knowingly files with the board a false complaint alleging a violation of any
provision of this chapter by an officer or employee of the city or any city
agency shall be guilty of a Class A misdemeanor. (CO 110-94 § 21)
2.32.220 Hearings--Notice.
If the board of ethics determines that a hearing regarding
allegations contained in the complaint is necessary, the board shall issue an
order setting the matter for a hearing. The order setting the matter for
hearing, along with a copy of any pertinent regulations of the board relating
to the hearing shall be sent to the alleged violator. (CO 110-94 § 22)
2.32.230 Hearings--Procedure.
A. The Kentucky Rules of
Civil Procedure and the Kentucky Rules of Evidence shall not apply to hearings
conducted by the board of ethics; however, the hearings shall be conducted in
accordance with this section and in accordance with any additional rules and
regulations adopted by the board so as to afford all parties the full range of
due process rights required by the nature of the proceedings.
B. Prior to the
commencement of the hearing, the alleged violator, or his or her
representative, shall have a reasonable opportunity to examine all documents
and records obtained or prepared by the board in connection with the matter to
be heard. The board shall inform the alleged violator, or his or her
representative, of any exculpatory evidence in its possession.
C. Any person whose name
is mentioned during the hearing and who may be adversely affected thereby may
appear personally before the board, with or without counsel, to give a
statement regarding the adverse mention, or may file a written statement
regarding the adverse mention for incorporation into the record of the
proceeding.
D. All hearings of the
board of ethics shall be public, unless the members vote to go into executive
session in accordance with KRS 61.810.
E. After the conclusion
of the hearing, the board of ethics shall, as soon as practicable, begin
deliberations in executive session for the purpose of reviewing the evidence
before it and making a determination whether a violation of this chapter has
been proven. The board shall issue a written report of its findings and conclusions.
F. If the board concludes
in its report that no violation of this chapter has occurred, it shall
immediately send written notice of this determination to the officer or
employee who was the subject of the complaint and to the party who filed the complaint.
G. If the board concludes
in its report that in consideration of the evidence produced at the hearing
there is clear and convincing proof of a violation of this chapter, the board
may take any action it deems necessary including, but not limited to, issuing a
cease and desist order, issuing a written public reprimand, recommending a
specific discipline, including dismissal, or removal from office, or referring
criminal evidence to the proper authority. (CO 110-94 § 23)
2.32.240 Appeals.
Any person who is found guilty of a violation of any provision of
this chapter by the board of ethics may appeal the finding to the city council
within thirty (30) days after the date of the final action by the board of
ethics by filing a petition with the city council against the board. The board
shall transmit to the city clerk all evidence considered by the board at the
public hearing. (CO 110-94 § 24)
2.32.250 Limitation of actions.
Except when the period of limitation is otherwise established by
state law, an action for a violation of this chapter must be brought within one
year after the violation is discovered. (CO 110-94 § 25)
2.32.260 Advisory opinions.
A. The board of ethics
may render advisory opinions concerning matters under its jurisdiction, based
upon real or hypothetical facts and circumstances, upon its own initiative, or
when requested by any officer or employee of the city or a city agency who is
covered by this chapter.
B. An advisory opinion
shall be requested in writing and shall state relevant facts and ask specific
questions. The request for an advisory opinion shall remain confidential unless
confidentiality is waived, in writing, by the requestor. (CO 110-94 § 26)
2.32.270 Reprisals against persons disclosing
violations--Prohibited.
No officer or employee of the city or any city agency shall be
subject to reprisal, or directly or indirectly use, or threaten to use, any
official authority or influence in any manner whatsoever which tends to
discourage, restrain, deter, prevent, interfere with, coerce, or discriminate
against any person who in good faith reports, discloses, divulges, or otherwise
brings to the attention of the board of ethics or any other agency or official
of the city or the commonwealth any facts or information relative to an actual
or suspected violation of this chapter. (CO 110-94 § 27)
2.32.280 Violation--Penalty.
A. In addition to all
other penalties which may be imposed under this chapter, any officer or
employee of the city or any city agency who is found by the board of ethics to
have violated any provision of this chapter shall forfeit to the city or the
city agency an amount equal to the economic benefit or gain which the officer
or employee is determined by the board to have realized as a result of the violation.
The amount of any forfeiture may be recovered by the city in a civil action in
the nature of debit, if the offender fails to pay the amount of the forfeiture
within a prescribed period of time.
B. In addition to all
other penalties which may be imposed under this chapter, a finding by the board
of ethics that an officer or employee of the city or any city agency is guilty
of a violation of this chapter shall be sufficient cause for removal,
suspension, demotion, or other disciplinary action by the executive authority
of the city or city agency, or by any other officer or agency having the power
of removal or discipline. Any action to remove or discipline any officer or
employee for a violation of this chapter shall be taken in accordance with all applicable
chapters and regulations of the city and all applicable laws of the
commonwealth. (CO 110-94 §28)
Sections:
2.36.010 Statement of policy.
2.36.020 Dissemination of policy.
2.36.030 Personnel actions.
2.36.040 Responsibility for implementation.
2.36.010 Statement of policy.
The affirmative action policy of the city is to promote equal
employment opportunity; to prohibit discrimination in employment on account of
race, color, religion, national origin, sex, age or handicapped status; and to
bring about a fair representation and utilization of females and minorities in
all levels of city employment. (WFC § 230.1(1))
2.36.020 Dissemination of policy.
The city will advise all employees and applicants for employment
of this policy. The city will make known to the public that employment
opportunities are available on the basis of individual ability and will
encourage all persons who are employed by the city to strive for advancement on
that basis. (WFC § 230.1(2))
2.36.030 Personnel actions.
The city will actively recruit qualified or qualifiable
persons among females and minorities on a nondiscriminatory basis for all
available job openings at every level; and the city will insure every employee
equal treatment in respect to terms and conditions of employment, job
assignments, compensation, access to training and promotions. (WFC § 230.1(3))
2.36.040 Responsibility for implementation.
The mayor shall be responsible for implementation of this
affirmative action plan, including hearing complaints of discrimination by any
employee or prospective employees of the city, with a final appeal to the city
council. (WFC § 230.1(4))
Chapter 2.40
POLICE DEPARTMENT
Sections:
2.40.010 Established--Responsibilities.
2.40.020 Chief of police--Office created.
2.40.030 Chief of police--Powers and duties.
2.40.040 Chief of
police--Compensation--Reporting--Oath of office.
2.40.050 Police officers--Generally.
2.40.060 City--Provision of police services.
2.40.010 Established--Responsibilities.
There is established a police department for the city, which
shall be responsible for enforcement and maintenance of law and order within
the corporate boundaries of the city in accordance with policies and guidelines
established by the city council. (Ord. dated
2.40.020 Chief of police--Office created.
There is created and confirmed the office of chief of police of
the city. (Ord. dated
2.40.030 Chief of police--Powers and duties.
The powers and duties of the chief of police are established as
follows:
A. Plans, organizes,
directs, coordinates and evaluates the activities and programs of the police
department;
B. Formulates department
policies and procedures, rules and regulations, following consultation with
higher authority and subordinate officers;
C. Develops organization
and structure of the department in accordance with professional standards and
city policy;
D. Prepares and
authorizes work schedules;
E. Furnishes technical
advice on police problems;
F. Maintains constant
surveillance of criminal and traffic reports in addition to activity reports;
G. Initiates corrective
actions when and where necessarily indicated;
H. Supervises and
evaluates the use of police equipment;
J. Reviews and
recommends acceptable standards and procedures for the recruitment, selection,
promotion and training of department personnel;
K. Authorizes purchase
requisitions of supplies and equipment for the department;
L. Confers with
representatives of federal, state and local agencies on various police
problems;
M. Prepares memoranda and
reports on activities of the department, orally and in writing, and supervises
others in the preparation of reports;
N. Attends all council
meetings;
O. Receives complaints
from the general public;
P. Studies and review all
laws, official opinions and guidelines;
Q. Maintains a proper
records system pertaining to citations, arrests and investigations;
R. Participates in
approved law enforcement courses and schedules subordinates for such training;
S. Represents the
department as needed;
T. Develops and conducts
an effective public relations program. (Ord. dated
2.40.040 Chief of
police--Compensation--Reporting--Oath of office.
A. Compensation for this
office shall be no less than forty thousand dollars ($40,000.00) nor more than sixty thousand dollars ($60,000.00) as set by
the city council.
B. The chief of police shall
report to the mayor and city council.
C. The chief of police
shall, before entering upon his/her duties, take the oath of office as provided
in the Kentucky Constitution, Section 228. (Ord.
dated
2.40.050 Police officers--Generally.
A. There is created the
office of police officer of the city.
B. Qualifications for
members of the police department shall be such as are set forth in the Kentucky
Revised Statutes.
C. All police officers
shall be subject to removal from office at the pleasure of the mayor or city
council subject to rights guaranteed to such officers by law.
D. A police officer
shall, before entering upon his/her duties, take the oath of office as provided
in the Kentucky Constitution, Section 228. (Ord.
dated
2.40.060 City--Provision of police services.
The city may procure or provide security or police services
deemed necessary through any lawful means, such as interlocal
government contracting or contracted services of qualified police. Qualifications
for police shall be those as are set forth in Kentucky Revised Statutes. (Ord. dated
2.40.070 Emergency
equipment of police vehicles.
City police vehicles are hereby authorized to use either red or
blue warning emergency lights, or a combination thereof.
Chapter 2.44
Sections:
2.44.010 Definitions.
2.44.020 Initial request for records with
immediate inspection.
2.44.030 Referral to proper custodian.
2.44.040 Public records not immediately
available.
2.44.050 Refusal of unreasonable requests.
2.44.060 Time limitation--Denial of inspection.
2.44.070 Concealing or destroying records
prohibited.
2.44.080 Access to records relating to
particular individual.
2.44.090 Public records protected from
disclosure.
2.44.100 Notification of attorney general.
2.44.010 Definitions.
For purposes of this chapter the following words and phrases
shall have the following meanings ascribed to them respectively.
“City” means the city government of the city.
“Custodian” means the official custodian or any authorized person
having personal custody and control of public records. The custodian having
personal custody of most of the public records of the city is the city clerk.
“Official custodian” means the chief administrative officer or
any other officer or employee of a public agency who is responsible for the
maintenance, care, and keeping of public records, regardless of whether such
records are in his/her actual personal custody and control. The official
custodian of the city shall be the mayor.
“Person” means a human being who makes a request for inspection
of public records.
“Prescribed fee” or “fee” means the fair payment required by the
city for making copies of public records and for mailing public records, which
shall not exceed the actual cost thereof and shall not include the cost of
required staff time.
“Public agency” means the city, including its legislative body
and every officer, department and division of the city; every entity created by
authority of the city; any board, commission, committee, subcommittee, ad hoc
committee, advisory committee, council or agency created and controlled by the
city; and any interagency body in which the city participates.
“Public records” means all books, papers, maps, photographs,
cards, tapes, discs, diskettes, recordings, or other documentary materials
regardless of physical form or characteristics, which are prepared, owned,
used, in the possession of or retained by the public agency. “Public records”
shall not include any records owned or maintained by or for the public agency
that are not related to functions, activities, programs, or operations funded
by the public agency nor any records that may be excluded by Section 2.44.090
of this chapter.
“Request” means an oral or written application by any person to
inspect public records of the agency. (CC § 34.01)
2.44.020 Initial request for records with
immediate inspection.
A. Any person desiring to
inspect or copy the public records of the city shall make a request for inspection
at the office of the city clerk during regular office hours, except during
legal holidays. The official custodian, or the custodian acting under the
authority of the official custodian, may require a request to inspect public
records to be in writing, signed by the applicant and with the applicant’s name
printed legibly on the application. A written request to inspect public records
may be presented by hand delivery, mail or via facsimile, if one is available.
B. If the custodian
determines that a person’s request is in compliance with this chapter and the
open records law, and the requested public records are immediately available,
the custodian shall deliver the records for inspection. A person may inspect
public records at the designated office of the city during the regular office
hours, or in appropriate cases, by receiving copies of the records through the
mail.
C. If the public records
are to be inspected at the offices of the city, suitable facilities shall be
made available in the office of the city clerk or in another office of the city
as determined by the official custodian or custodian for the inspection. No
person shall remove original copies of public records from the offices of the
city without the written permission of the official custodian of the record.
When public records are inspected at the city offices, the person inspecting
the records shall have the right to make abstracts and memoranda of the public
records and to obtain copies of all written public records. When copies are
requested, the custodian may require advance payment of the prescribed fee.
D. Upon proper request,
the city shall mail copies of the public records to a person whose residence or
principal place of business is located outside of the county after the person
precisely describes the public records which are readily available and after
the person pays in advance the prescribed fee. (CC § 34.05)
2.44.030 Referral to proper custodian.
If the city clerk does not have custody or control of the public
record or records requested, the city clerk shall so notify the applicant and
shall furnish the name and location of the custodian of the public record, if
such facts are known to him/her. (CC § 34.06)
2.44.040 Public records not immediately
available.
If the public record is in active use, in storage, or not
otherwise available, the official custodian shall immediately so notify the
applicant and shall designate a place, time, and date for inspection or mailing
of the public records, not to exceed three days (excepting Saturdays, Sundays,
and legal holidays) from receipt of the application, unless a detailed
explanation of the cause is given for further delay and the place, time, and
earliest date on which the public record will be available for inspection or duplication.
(CC § 34.07)
2.44.050 Refusal of unreasonable requests.
If the application places an unreasonable burden in producing
public records, or if the custodian has reason to believe that repeated
requests are intended to disrupt other essential functions of the public
agency, the official custodian may refuse to permit inspection of the public
records or mail copies thereof. However, refusal under this section must be
sustained by clear and convincing evidence. (CC § 34.08)
2.44.060 Time limitation--Denial of inspection.
The official custodian, upon any request for records made under
this chapter, shall determine within three days (excepting Saturdays, Sundays,
and legal holidays) after the receipt of any request whether to comply with the
request and shall notify in writing the person making the request within the
three-day period of its decision. Any agency response denying, in whole or in
part, inspection of any record shall include a statement of the specific
exception authorizing the withholding of the record and a brief explanation of
how the exception applies to the record withheld. The response shall be issued
by the official custodian or under his/her authority and shall constitute final
agency action. (CC § 34.09)
2.44.070 Concealing or destroying records
prohibited.
No official of the city shall willfully conceal or destroy any
record with the intent to violate the provisions of this chapter. (CC § 34.10)
2.44.080 Access to records relating to
particular individual.
Any person shall have access to any public record relating to
him/her or in which he/she is mentioned by name, upon presentation of
appropriate identification, subject to the provisions of Section 2.44.090 of
this chapter. (CC § 34.11)
2.44.090 Public records protected from disclosure.
A. The following public
records are excluded from the application of this chapter and these rules and
regulations and shall be subject to inspection only upon order of a court of
competent jurisdiction, except as provided in KRS 61.878(1) that no court shall
authorize the inspection by any party of any materials pertaining to civil
litigation beyond that which is provided by the Rules of Civil Procedure
governing pretrial discovery:
1. Public records
containing information of a personal nature where the public disclosure thereof
would constitute a clearly unwarranted invasion of personal privacy;
2. Records confidentially
disclosed to an agency and compiled and maintained for scientific research.
This exemption shall not, however, apply to records the disclosure or
publication of which is directed by other statute;
a. Records
confidentially disclosed to the agency, generally recognized as confidential or
proprietary, which if openly disclosed would permit an unfair commercial
advantage to competitors of the entity that disclosed the records, and which
are compiled and maintained:
i. In conjunction with an application for a
loan;
ii. In conjunction with
the regulation of commercial enterprise, including mineral exploration records,
unpatented, secret commercially valuable plans, appliances, formulae, or
processes, which are used for the making, preparing, compounding, treating, or
processing of articles or materials which are trade commodities obtained from a
person; or
iii. For
the grant or review of a license to do business;
b. The exemptions
provided for in subsection (A)(1)(a) of this section
shall not apply to records the disclosure or publication of which is directed
by statute;
3. Public records
pertaining to a prospective location of a business or industry where no
previous public disclosure has been made of the business’ or industry’s
interest in locating in, relocating within, or expanding within the
commonwealth. This exemption shall not include those records pertaining to applications
to agencies for permits or licenses necessary to do business or to expand
business operations within the state, except as provided in subsection (A)(2)
of this section;
4. The contents of real
estate appraisals or engineering or feasibility estimates and evaluations made
by or for a public agency relative to the acquisition of property, until such
time as all of the property has been acquired. The law of eminent domain shall
not be affected by this provision;
5. Test questions,
scoring keys, and other examination data used to administer a licensing
examination, examination for employment, or academic examination before the
exam is given or if it is to be given again;
6. Records of law
enforcement agencies or agencies involved in administrative adjudication that
were compiled in the process of detecting and investigating statutory or
regulatory violations, if the disclosure of the information would harm the
agency by revealing the identity of informants not otherwise known or by
premature release of information to be used in a prospective law enforcement
action or administrative adjudication. Unless exempted by other provisions of
this chapter, public records exempted under this provision shall be open after
enforcement action is completed or a decision is made to take no action. The
exemptions provided by this subdivision shall not be used by the custodian of
the records to delay or impede the exercise of rights granted by this chapter;
7. Preliminary drafts,
notes, or correspondence with private individuals, other than correspondence
which is intended to give notice of final action of a public agency;
8. Preliminary
recommendations and preliminary memoranda in which opinions are expressed or
policies formulated or recommended;
9. All public records or
information the disclosure of which is prohibited by federal law or regulation;
10. Public records or
information the disclosure of which is prohibited or restricted or otherwise
made confidential by enactment of the General Assembly.
B. No exemption under
this section shall be construed to prohibit disclosure of statistical
information not descriptive of any readily identifiable person. In addition, if
any public record contains material which is not excepted
under this section, the city shall separate the excepted and make the nonexcepted material available for examination, subject to
the possible applicability of Section 2.44.050 of this chapter.
C. The provisions of this
section shall in no way prohibit or limit the exchange of public records or the
sharing of information between public agencies when the exchange is serving a
legitimate governmental need or is necessary in the performance of a legitimate
government function.
D. No exemption under
this section shall be construed to deny, abridge, or impede the right of a
municipal employee, an applicant for employment, or an eligible on a register
to inspect and copy any record, including preliminary and other supporting documentation, that relates to him/her. Such records shall
include, but not be limited to work plans, job performance, demotions,
evaluations, promotions, compensation, classification, reallocation, transfers,
layoffs, disciplinary actions, examination scores, and preliminary and other
supporting documentation. A city employee, applicant, or eligible shall not
have the right to inspect or copy any examination or any documents relating to
ongoing criminal or administrative investigations by any agency. (CC § 34.12)
2.44.100 Notification of attorney general.
The official custodian shall notify the Attorney General of any
actions filed against the city in circuit court regarding the enforcement of
the open records law, KRS 61.870 to 61.884. (CC § 34.13)