Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 11A.015, 16.080(1), 16.140
NECESSITY, FUNCTION, AND CONFORMITY: KRS 16.080(1) requires the
Commissioner of the Department of State Police to promulgate an administrative
regulation for the conduct of officers of the department. This administrative
regulation establishes the Kentucky State Police Code of Ethics.
Section 1. Definitions.
(1) "Conflict of interest" means that an
officer's private interests conflict with the officer's impartial conduct of
official duties and responsibilities in accordance with Section 3 of this
administrative regulation.
(2)
"Department" is defined by KRS 16.010(7).
(3) "Officer" is defined by KRS 16.010(4).
(4) "Related party"
means the spouse, parent, parent-in-law, sibling, sibling-in-law, child, or
cohabitant of an officer.
(5)
"Retailer" means the owners of an interest or beneficial interest in a retailer
or applicant to be a retailer, and their immediate family, partners, officers,
directors, employees, agents, and affiliates.
(6) "Vendor" means a person or entity the
employee has reason to believe may supply or seek to supply goods or services
to the department or other law enforcement agencies.
Section 2. Officer Oath. An officer shall
adhere and abide by the Officer Oath, which is incorporated by reference, and
the provisions of this administrative regulation.
Section 3. Conflict of Interest.
(1) General statement. An officer shall:
(a) Be free from any interest, influence, or
relationship that might conflict, or appear to conflict, with the best
interests of the department;
(b)
Perform the officer's work in accordance with the highest standards of law and
ethics and with the goal of avoiding the appearance of impropriety in all
actions; and
(c) Avoid an activity
or association, whether on or off duty, that knowingly creates an actual or
perceived conflict of interest with the conduct of official duties.
(2) General obligations of an
officer. An officer shall:
(a) Avoid the
appearance that preferential treatment is being given to a person or
entity;
(b) Disqualify himself or
herself from the investigation of a criminal complaint, motor vehicle accident,
civil complaint or other official investigation or duty that involves a
relative or close associate in circumstances in which the officer's
impartiality or objectivity could be questioned;
(c) Fully comply with all applicable
statutory and regulatory provisions;
(d) Disclose fully and immediately any
interest which:
1. The officer or the
officer's related party has at the time of hiring or during employment;
and
2. Creates, or may appear to
create, a possible conflict of interest with the department or this
section;
(e) Immediately
notify the department of the existence of a conflict of interest and take the
steps recommended by the department to eliminate the conflict of
interest;
(f) Not accept a gift or
other thing of value in violation of this administrative regulation;
and
(g) Advise the officer's
supervisors, human resources branch, or legal counsel of a possible conflict of
interest and take the steps recommended by the department to eliminate the
conflict of interest.
(3) Relationship with retailers and vendors
of the department.
(a) An officer shall
disclose the full details concerning an interest or relationship if the officer
or officer's related party receives compensation from, obtains goods or
services from, or owns or acquires, directly or indirectly, an interest or
beneficial interest in a retailer or applicant to be a retailer or
vendor.
(b) An officer in a
position to influence decisions with respect to a department transaction
involving a retailer or vendor shall abstain from a decision involving the
retailer or vendor if the officer or officer's related party individually or
aggregately owns five (5) percent or more of the equity or beneficial interest
in the retailer or vendor.
(c) An
officer shall not own a financial interest in a vendor that is a party to, or
seeks to become a party to, a procurement contract with the
department.
(d) An officer shall
not provide goods or services to a third party during the officer's normal work
hours.
Section
4. Filing Receipt and Disclosure Forms. An officer shall file a
completed Form KSP-107, Receipt and Certification Form, with the human
resources branch to:
(1) Acknowledge that the
officer has an interest which might create a potential conflict of interest;
or
(2) Affirm that the officer does
not have an interest which creates a potential conflict of interest.
Section 5. Financial Disclosure.
(1) A director of the Kentucky State Police
shall file a completed Statement of Financial Disclosure with the Human
Resources Branch Commander, with a copy forwarded to the Executive Branch
Ethics Commission, by April 15 of the following year.
(2) If a director does not remain with the
department for the entire calendar year, the director shall file the statement
for the portion of the calendar year that he was employed by the department
within thirty (30) days after separation.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) Officer Oath,
11/2002;
(b) Form KSP-107, Receipt
and Certification Form, November 2002; and
(c) Statement of Financial Disclosure, Rev.
092200.
(2) This
material may be inspected, copied, or obtained, subject to applicable copyright
law, at the Custodian of Records, Kentucky State Police Headquarters, 919
Versailles Road, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to
4:30 p.m.
STATUTORY AUTHORITY: KRS 16.080(1)