Title III, Executive Branch

This chapter may be cited as the "Executive Branch Code of Ethics."

(1) It is the public policy of this Commonwealth that a public servant shall work for the benefit of the people of the Commonwealth. The principles of ethical behavior contained in this chapter recognize that public office is a public trust and that the proper operation of democr…

As used in this chapter, unless the context otherwise requires: (1) "Business" means any corporation, limited liability company, partnership, limited partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding compan…

code of ethics. An agency that is directed by statute to adopt a code of ethics shall be exempt from KRS Chapter 11A upon the effective date of an Act of the General Assembly creating the agency's code of ethics or upon the effective date of an administrative regulation that crea…

of personal or private interest. (1) No public servant, by himself or through others, shall knowingly: (a) Use or attempt to use his influence in any matter which involves a substantial conflict between his personal or private interest and his duties in the public interest; (b) U…

-- Advisory opinion. In determining whether to abstain from action on an official decision because of a possible conflict of interest, a public servant should consider the following guidelines: (1) Whether a substantial threat to his independence of judgment has been created by h…

(1) A public servant, in order to further his or her own economic interests, or those of any other person, shall not knowingly disclose or use confidential information acquired in the course of his or her official duties. (2) A public servant shall not knowingly receive, directly…

circumstances. (1) No public servant, his spouse, or dependent child knowingly shall accept any gifts or gratuities, including travel expenses, meals, alcoholic beverages, and honoraria, totaling a value greater than twenty-five dollars ($25) in a single calendar year from any pe…

power and continuity in conduct of state government -- Executive Branch Ethics Commission to establish in administrative regulations standards of ethical conduct for transition team members -- Access to and confidentiality of nonpublic information -- Disclosure of positions held …

(1) Each officer, each public servant listed in KRS 11A.010(9)(a) to (g), and each candidate shall file a statement of financial disclosure with the commission, as follows: (a) Each officer shall file the statement within thirty (30) days of employment as an officer, and each off…

requirements of chapter for nonprofit charitable organization. (1) Any provision of KRS Chapter 11A to the contrary notwithstanding, a state agency or a public servant may raise funds, either individually or as a department or agency, for a charitable nonprofit organization grant…

Compensation -- Removal -- Meetings. (1) The Executive Branch Ethics Commission is hereby established. (2) The commission shall be composed of seven (7) members, two (2) of whom shall be appointed by the Governor. Each of the following shall appoint one (1) member of the commissi…

facilities of state agencies. The commission may employ an executive director and any other employees, agents, and consultants it considers necessary, and may prescribe their duties, fix their compensation, and provide for reimbursement of their expenses within the amount availab…

(1) (a) Upon a complaint signed under penalty of perjury by any person, or upon its own motion, the commission shall conduct a preliminary investigation of any alleged violation of this chapter. (b) The preliminary investigation shall begin not later than ten (10) days after the …

For the purpose of carrying out a preliminary investigation, the commission may issue subpoenas to compel the attendance and testimony of witnesses or the production of documents, books, papers, or other records. Subpoenas may be issued by the chairman or the majority of the memb…

(1) The provisions of KRS Chapter 13B shall apply to all commission administrative hearings, except for the provisions of: (a) KRS 13B.030(2)(b); (b) KRS 13B.050(1), (2), and (3) when a party fails to file an answer or otherwise participate; and (c) KRS 13B.090(7). (2) All admini…

The commission shall perform the following additional duties: (1) On its own initiative or upon a signed request in writing, issue and publish advisory opinions on the requirements of this chapter for those who wish to use the opinion to guide their own conduct. If requested in w…

Nothing in KRS 11A.001 to 11A.110 shall prohibit or restrict a public servant from accepting outside employment in a state institution of higher education as long as that outside employment does not interfere or conflict with the public servant's state employment duties. Nothing …

operator. Nothing in this chapter shall be construed to prohibit an officer or public servant employed by an agency that is privatized from accepting employment from the person or business which is operating that agency if the officer or public servant was not involved in making …

April 1, 2021) As used in KRS 11A.201 to 11A.246 and KRS 11A.990: (1) "Compensation" means any money, thing of value, or economic benefit conferred on, or received by, any person in return for services rendered, or to be rendered, by himself or another; (2) (a) "Expenditure" mean…

parties in interest. (1) An executive agency lobbyist, employer, or real party in interest shall not knowingly fail to register as required under KRS 11A.211. (2) An executive agency lobbyist, employer, or real party in interest shall not knowingly fail to keep a receipt or maint…

and real parties in interest -- Fee -- Trust and agency account for commission operations -- Relationship of registration to state contracts. (1) Each executive agency lobbyist, employer, and real party in interest shall file with the commission within ten (10) days following the…

(1) Each executive agency lobbyist, employer, and real party in interest shall file with the commission, with the updated registration statement required by KRS 11A.211(2), a statement of expenditures as specified in subsections (2) and (3) of this section. An executive agency lo…

(1) Any executive agency lobbyist who has had any financial transaction with, or for the benefit of, an elected executive official, the secretary of a cabinet listed in KRS 12.250, an executive agency official, or any member of the staff of any of those officials shall describe t…

statements of financial transactions. (1) If a dispute arises between an elected executive official, the secretary of a cabinet listed in KRS 12.250, an executive agency official, or any member of the staff of any of those officials and a real party in interest, an employer, or a…

(1) KRS 11A.211 and 11A.216 do not apply to efforts to influence executive agency decisions or conduct executive agency lobbying activity by any of the following: (a) Appearances at public hearings of the committees or interim committees of the General Assembly, at court proceedi…

statement by beneficiary. (1) For purposes of KRS 11A.201 to 11A.246, the term "executive agency lobbyist" does not include a person acting to promote, oppose, or otherwise influence the outcome of a decision of the Cabinet for Economic Development or any board or authority withi…

incentive compensation plans and placement agents. (Effective April 1, 2021) (1) Except as provided in subsection (2) of this section, no person shall engage any persons to influence executive agency decisions or conduct executive agency lobbying activity for compensation that is…

(1) The commission shall keep on file the statements required by KRS 11A.211, 11A.216, and 11A.221. These statements are public records and open to public inspection, and the commission shall computerize them so the information contained in them is readily accessible to the gener…

designees. The Attorney General and any assistant or special counsel designated by him may investigate compliance with KRS 11A.201 to 11A.246.

(1) Any person who violates KRS 11A.040 shall be guilty of a Class D felony. In addition: (a) The judgment of conviction for a violation of KRS 11A.040(2) shall recite that the offender is disqualified to hold office thereafter; and (b) Any person who violates KRS 11A.040(1) to (…