Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO: KRS 11A.010, 11A.020(1), 11A.030, 11A.080(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 11A.020 provides
prohibited conduct for public servants. KRS 11A.030 establishes how to
determine whether a conflict of interest exists and provides procedures a
public servant must follow to abstain when a conflict of interest does exist.
KRS 11A.110(3) requires the Executive Branch Ethics Commission to promulgate
administrative regulations to implement KRS Chapter 11A. This administrative
regulation provides guidance to public servants concerning prohibited conduct
and avoiding conflicts of interest.
Section
1. Definitions.
(1) "Appointing
authority" is defined by KRS 11A.010(16).
(2) "Commission" means the Executive Branch
Ethics Commission.
(3) "Family" is
defined by KRS 11A.010(4).
(4)
"Matter" means any measurable case, litigation, decision, grant, proceeding,
application, determination, contract, claim, investigation, charge, or
legislative bill.
(5) "Public
servant" is defined by KRS 11A.010(9).
Section 2. If a public servant engages in any
of the following conduct, the commission may conduct an investigation in
accordance with KRS 11A.080 of the conduct as a possible violation of KRS 11A.020 or KRS 11A.030:
(1) A public servant
seeks employment or contracting services for himself or herself by the use or
attempted use of the public servant's office or position other than merely
stating the fact that he or she holds a particular position or office in an
application for employment, a resume, or curriculum vitae other than as is
provided for by KRS Chapter 11A;
(2) A public servant participates directly or
uses his or her position to influence or attempt to influence a decision within
the state agency for which the public servant works concerning any matter
involving the public servant's family member or a person with which the public
servant has a personal relationship;
(3) A public servant uses state time,
equipment, personnel, facilities, or other state resources for private business
purposes;
(4) A public servant uses
state time, equipment, personnel, facilities, or other state resources for
political campaign purposes;
(5) A
public servant uses state time, equipment, personnel, facilities, or other
state resources for personal, prurient interests;
(6) A public servant solicits, sells to, or
otherwise engages in a financial transaction with an immediate subordinate or a
person the employee directly supervises, or with a person or business that is
doing business with or is regulated by the state agency by which the employee
is employed, if the economic benefit to the public servant is greater than $100
in a single calendar year; or
(7) A
public servant negotiates for future employment with a person or business that
does business with or is regulated by the agency for which he or she works if
the public servant is directly involved in matters regarding the prospective
employer, unless the public servant abstains from direct involvement in matters
regarding the prospective employer and the public servant discloses the
abstention in writing to his or her appointing authority before entering into
any form of negotiations for future employment subject to the provisions of KRS
Chapter 11A.
STATUTORY AUTHORITY: KRS 11A.110(3)
