Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS 11A.040(9)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 11A.040(9) requires
the appointing authority to review administrative regulations established under
KRS Chapter 11A when deciding whether to approve outside employment for a
public servant.
Section 1.
(1) A public servant who requests approval of
his appointing authority for outside employment shall submit a statement under
oath to the appointing authority of his agency as follows: "I request approval
of off-duty employment with (name of outside employer). As a (public servant's
job title), I am not involved in the (name of state agency's) decisions
concerning (name of outside employer). If the request is approved, I agree that
if, in the future, I realize that I will be involved in such decisions, I will
immediately notify (appointing authority) and take steps to avoid any conflict
of interest."
(2) The public servant
shall attach to this statement:
(a) The public
servant's current P-1 personnel form or comparable form, if applicable, and job
description, and the name, title and location of the public servant's immediate
supervisor.
(b) The name and
address of the outside employer; description of its type of business,
ownership, and all its business and regulatory relationships with the
appointing authority's agency; and a description of the public servant's
off-duty job.
(c) An explanation of
the specific factors which separate the public servant's state job from the
agency's decisions concerning the outside
employer.
Section
2. The appointing authority shall review the request and consider,
including but not limited to, the following factors:
(1) The degree of separation between the
public servant's state duties and decisions concerning the outside employer.
Example: whether the public servant is involved with the awarding of contracts
to or regulation of the outside employer.
(2) The public servant's level of supervisory
or administrative authority, if any. Example: whether the public servant has
ultimate responsibility for a decision concerning the outside employer,
although he is not involved in the decision-making process.
(3) Whether the outside employment will
interfere or conflict with the public servant's state employment duties.
(a) A conflict shall exist if a public
servant cannot carry out an appropriate course of action for his agency because
of responsibilities his outside employment would require.
(b) A conflict shall exist if the outside
employment will materially interfere with the public servant's independent
judgment in considering alternatives or courses of action that reasonably
should be pursued in his state employment.
(4) The duration of the outside
employment;
(5) Whether the outside
employment would create an appearance of conflict of interest with state
duties; and
(6) Whether the public
servant is an auditor, inspector or other regulatory personnel of a division
which is currently auditing, inspecting or reviewing or has scheduled an audit,
inspection or review of the outside entity for which the public servant
requests approval to work.
Section
3. The appointing authority shall consider the factors set forth
in Section 2 of this administrative regulation and, if the appointing authority
approves the outside employment request, certify in writing the following:
"As appointing authority for the (agency), I certify that as a
(public servant's job title), (public servant's name) is not involved in this
agency's decisions concerning (outside employer); that his off-duty employment
by (outside employer), in my opinion, will not create a real or perceived
conflict of interest which would damage public confidence in government; and
that I approve such off-duty employment."
Section 4. On January 15, April 15, July 15,
and October 15 of each year, the appointing authority shall file with the
Executive Branch Ethics Commission a list of all employees who have been
approved for outside employment during the preceding quarter, along with the
name of the outside employer of each.
21 Ky.R. 1397; 1719; eff.
12-14-1994; 25 Ky.R. 887; 1580; eff. 1-19-1999; TAm eff. 9-12-2018; Crt eff.
1-28-2020.
STATUTORY AUTHORITY: KRS 11A.040(10)
