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Recreation Advisory Board Agenda and Packet 2024 01 22
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Recreation Advisory Board Agenda and Packet 2024 01 22
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City Council Records
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1/22/2024
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Boards Commissions Committees Records
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rights of individuals (such as a variance request or <br />liquor license). Thus, the conflict rules apply <br />essentially to all types of actions a member may <br />to ke. <br />Conflicts <br />In addition to its purchasing policies and other <br />rules intended to secure contracts that are in the <br />best interest of the City, the Code of Ethics prohibits <br />various actions regarding contracts. For example, no <br />public body member who has decision -making <br />authority or influence over a City contract can have <br />an interest in the contract, unless the member has <br />complied with the disclosure and recusal rules. <br />Further, members are not to appear before the City <br />on behalf of other entities that hold a City contract, <br />nor are they to solicit or accept employment from a <br />contracting entity if it is related to the member's <br />action on a contract with that entity. <br />Gifts and Nepotism <br />The Code of Ethics, as well as state law, regulates <br />the receipt of gifts. City officials and employees may <br />not solicit or accept a present or future gift, favor, <br />discount, service or other thing of value from a <br />party to a City contract, or from a person seeking to <br />influence an official action. There is an exception for <br />the "occasional nonpecuniary gift" of $15 or less, <br />but this exception does not apply if the gift, no <br />matter how small, may be associated with the <br />official's or employee's official action, whether <br />concerning a contract or some other matter. The <br />gift ban also extends to independent contractors <br />who may exercise official actions on behalf of the <br />City. <br />The Code of Ethics also prohibits common forms <br />of nepotism. For example, no officer, public body <br />member, or employee shall be responsible for <br />employment matters concerning a relative. Nor can <br />they influence compensation paid to a relative, and <br />a relative of a current officer, public body member <br />or employee cannot be hired unless certain <br />personnel rules are followed. <br />Other Ethics Rules of Interest <br />Like state law, Louisville's Code of Ethics prohibits <br />the use of non-public information for personal or <br />private gain. It also prohibits acts of advantage or <br />favoritism and, in that regard, prohibits special <br />considerations, use of employee time for personal <br />or private reasons, and use of City vehicles or <br />equipment, except in same manner as available to <br />any other person (or in manner that will <br />substantially benefit City). The City also has a <br />"revolving door" rule that prohibits elected officials <br />from becoming City employees either during their <br />time in office or for two years after leaving office. <br />These and other rules of conduct are found in <br />Section 5-9 of the Code of Ethics. <br />Disclosure, Enforcement, and Advisory Opinions <br />The Code of Ethics requires that those holding or <br />running for City Council file a financial disclosure <br />statement with the City Clerk. The statement must <br />include, among other information, the person's <br />employer and occupation, sources of income, and a <br />list of business and property holdings. <br />The Code of Ethics provides fair and certain <br />procedures for its enforcement. Complaints of <br />violations may be filed with the City prosecutor; the <br />complaint must be a detailed written and verified <br />statement. If the complaint is against an elected or <br />appointed official, it is forwarded to an independent <br />judge who appoints a special, independent <br />prosecutor for purposes of investigation and <br />appropriate action. If against an employee, the City <br />prosecutor will investigate the complaint and take <br />appropriate action. In all cases, the person who is <br />subject to the complaint is given the opportunity to <br />provide information concerning the complaint. <br />Finally, the Code allows persons who are subject <br />to the Code to request an advisory opinion if they <br />are uncertain as to applicability of the Code to a <br />particular situation, or as to the definition of terms <br />used in the Code. Such requests are handled by an <br />advisoryjudge, selected from a panel of <br />independent, disinterested judges who have agreed <br />to provide their services. This device allows persons <br />who are subject to the Code to resolve uncertainty <br />before acting, so that a proper course of conduct <br />may be identified. Any person who requests and <br />acts in accordance with an advisory opinion issued <br />by an advisory judge is not subject to City penalty, <br />unless material facts were omitted or misstated in <br />the request. Advisory opinions are posted for public <br />7 <br />
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