§ 21.99. ENFORCEMENT; PENALTY.


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  • (A) (1) Upon a determination by the Ethics Commission of a violation of any of the provisions of §§ 21.02, 21.03, 21.04, 21.08, or 21.09 by a Metro Officer, the Ethics Commission shall impose one or more of the following penalties:
    (a) For any unintentional violation which has been voluntarily corrected by the officer prior to any action by the Ethics Commission, a notice of mootness shall be issued by the Ethics Commission;
    (b) For any violation which is determined by the Ethics Commission to have been unintentional or the result of a good faith misinterpretation of the requirements of §§ 21.02, 21.03, 21.04, 21.08, or 21.09, a letter of technical violation or a letter of reprimand shall be issued by the Ethics Commission as the Ethics Commission deems appropriate;
    (c) For any intentional violation which is acknowledged and rectified by the officer prior to any action by the Ethics Commission, a letter of public reprimand may be issued by the Ethics Commission;
    (d) For any intentional violation, a letter of formal censure may be issued by the Ethics Commission;
    (e) For any intentional violation, a written recommendation may be made by the Ethics Commission to the Metro Council, the Mayor, or other appointing authority of removal, training, or remediation.
    (2) In addition to any of the penalties set forth under subsection (A)(1), an intentional violation of §§ 21.02, 21.03, 21.04, 21.08, or 21.09 shall be a civil fine for which a Metro Officer may be fined by the Ethics Commission a sum not less than $25 nor more than $500.
    (3) In addition to any of the penalties set forth under subsections (A)(1) and (A)(2), an intentional violation of §§ 21.02, 21.03, 21.04, 21.08, or 21.09 may:
    (a) In the case of a non-elected Metro Officer, be grounds for other sanctions or actions by his or her appointing authority; or
    (b) In the case of an elected Metro Officer, be grounds for removal under KRS 67C.143; or
    (c) In the case of a Metro Council member, be grounds for other sanctions or actions by the Metro Council under its rules, or otherwise.
    (B) Upon a determination by the Ethics Commission of a violation of any of the provision of § 21.07 by a Metro Officer or a supervisor, the Ethics Commission shall do one of the following:
    (1) If a violation has been voluntarily corrected by the Metro Officer or supervisor, a notice of mootness shall be issued by the Ethics Commission;
    (2) If a violation has not been voluntarily corrected, the Ethics Commission shall issue a written recommendation to the Metro Council, the Mayor, or other appointing authority of removal, training, or other appropriate remediation with respect to the supervisor who is the subject of the complaint and/or hearing.
    (C) (1) Any housing authority officer or employee who violates any provision of §§ 21.30 through 21.33 shall be subject to disciplinary action in accordance with procedures established by the Ethics Commission. Any such disciplinary action by the Ethics Commission shall not foreclose any action that the public housing authority may take with respect to the officer or employee's employment status.
    (2) After written notice of a failure to timely file a statement of financial disclosure, any housing authority officer who fails to file within ten business days of such notice may be fined by the Ethics Commission a sum not less than $25 nor more than $500.
    (Lou. Metro Ord. No. 71-2003, approved 4-16-2003; Lou. Metro Ord. No. 72-2003, approved 4-16-2003; Lou. Metro Am. Ord. No. 52-2010, approved 3-25-2010; Lou. Metro Am. Ord. No. 88-2012, approved 5-11-2012; Lou. Metro Am. Ord. No. 213-2014, approved 1-2-2015; Lou. Metro Am. Ord. No. 7-2020, approved 2-21-2020, eff. 5-21-2020)