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expand Issuing Year: 2017
Advisory Opinion 17-02 - Gift Exception 2017-2Within limitations, the Kentucky Center for the Arts Corporation (&quot;KCAC&quot;) may accept gifts as dictated by KRS 153.420(8) without violating KRS 11A.045.<br><br>Advisory Opinion 16-09 and the provisions of the amendment to 9 KAR 1:090, once enacted, do not apply to the KCAC when accepting gifts on behalf of the public corporation.<br><br>&nbsp;
Categories: Conflicts of Interest; Endorsement/Partnership; Gifts; Solicitation/Fundraising; Exceptions
Advisory Opinion 17-04An attorney representing the Justice and Public Safety Cabinet in appeals brought before the Kentucky Personnel Board (the “Board”) may continue with such representation before the Board even though the individual has been offered a position as a member of the Board, but has not yet been sworn into the position, as long as the attorney abstains from participating as a member of the Board in adjudicating the matter before the Board.<br><br>Going forward, said attorney representing the Justice and Public Safety Cabinet in appeals brought before the Board may serve as a member of the Board if that attorney abstains from adjudicating matters in which she has been involved.<br>
Categories: Conflicts of Interest;
expand Issuing Year: 2016
Advisory Opinion 16-01 Gift Exception 2016-01An employee of the Auditor of Public Accounts may accept baby shower gifts from employees of a county office that is regulated by the office of the Auditor of Public Accounts provided the gifts are reasonable in value.
Categories: Gifts; Exceptions
Advisory Opinion 16-03Employees of the Personnel Cabinet may participate in a 52 week weight loss pilot project being managed by the&nbsp; Personnel Cabinet&#39;s Department of Employee Insurance provided the department fairly and consistently administers the project.
Categories: Conflicts of Interest;
Advisory Opinion 16-05A conflict of interest will not be attributed to a staff member of the Personnel Board if the same staff member serves as a Hearing Officer on an administrative proceeding in which one of the Personnel Board members has a conflict of interest because the Personnel Board member’s spouse serves as the agency representative or a witness in the administrative hearing.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 16-07 Gift Exception 2016-3The Office of the Secretary of State may accept a donation of 120 refurbished Surface Pro Tablets from the Microsoft Corporation&nbsp; for a one time limited purpose as long as the tablets are used only for the Go Vote Kentucky program and as such the donation provides a greater good, service, and benefit to the people of the Commonwealth.
Categories: Gifts; Exceptions
Advisory Opinion 16-09Guidance for executive branch agencies in relation to fundraising activities conducted in accordance with KRS 11A.055 for charitable non-profit organizations established, created, and controlled by these agencies in anticipation of the effective date of the amendment to 9 KAR 1:060.
Categories: Conflicts of Interest; Endorsement/Partnership; Solicitation/Fundraising; Gifts; Exceptions
expand Issuing Year: 2015
Advisory Opinion 15-01The Kentucky Department of Fish and Wildlife Resources may be granted an exemption from KRS 11A.040(5) in order to provide awards as part of an employee recognition program to employees who have &quot;achieved excellence&quot; or had accomplishments that have &quot;helped to advance the Wildlife Division&quot; pursuant to the proposed criteria outlined in the opinion.
Categories: Conflicts of Interest; Gifts;
Advisory Opinion 15-04A conflict of interest will exist if an Environmental Scientist I, employed by the Division of Oil and Gas, Department for Natural Resources, Energy and Environment Cabinet, is allowed to create a research-focused company involved in researching and developing a process for treating a waste product of the environmental industry of which the environmental scientist is a regulator.&nbsp;&nbsp; The Commission found that the appointing authority properly denied the same employee’s request for outside employment to work for his research-focused company because the employee’s involvement with the created company posed a direct conflict of interest with the employee’s duties for the Cabinet by operation of KRS 11A.040(10) and 9 KAR 1:050.&nbsp; The Commission did not find a valid reason to overrule the appointing authority’s decision.
Categories: Outside Employment; Conflicts of Interest;
expand Issuing Year: 2014
Advisory Opinion 14-01The Personnel Cabinet may expand the scope of its “State Employee Discounts” website to include discounts from additional private entities within certain parameters.<br><br><br> <br>
Categories: Endorsement/Partnership; Gifts;
Advisory Opinion 14-03Within limitations,&nbsp; an employee of the Office of Attorney General may provide security to the Attorney General on state time when the Attorney General is attending a private or political event.
Categories: Conflicts of Interest;
expand Issuing Year: 2013
Advisory Opinion 13-02As a result of several recent investigations, the Commission wishes to advise public servants regarding their obligation to refuse to comply with orders of such a nature that anyone of ordinary sense and understanding would recognize as being contrary to the Executive Branch Code of Ethics and the need to report such misconduct to the Executive Branch Ethics Commission.&nbsp; The Commission wishes to provide guidance through this opinion.
Categories: Conflicts of Interest;
Advisory Opinion 13-04According to the Executive Branch Code of Ethics, “executive agency lobbying” occurs when, after initial contact with a private firm to express interest in a new business relationship is initiated by the staff of an executive branch agency rather than by the staff of the private firm, the private firm chooses to respond to the executive branch agency’s expressed interest in the new business relationship.&nbsp;
Categories: Executive Agency Lobbying;
expand Issuing Year: 2012
Advisory Opinion 12-02A conflict of interest would be created&nbsp; if the appointed Executive Director of the Kentucky Horse Racing Commission (&quot;KHRC&quot;) and his wife remain involved in the horse racing industry through their ownership and joint operation of a stable that is a thoroughred boarding, breaking, training, and racing facility with operations in Kentucky, Florida, and New York.&nbsp; Additionally, as long as conflicts of interest are avoided the Executive Director of the KHRC or his wife may remain involved in activities in Kentucky either not related to the horse racing industry or not involving licensees of the KHRC.&nbsp; The Executive Director of the KHRC or his wife may remain involved in the horse racing industry outside of Kentucky as long as conflicts of interest are avoided.
Categories: Conflicts of Interest; Outside Employment; Family Members; Self-employment
Advisory Opinion 12-04An agency or public servant is prohibited from accepting travel expenses, or reimbursement of travel expenses, in whole or in part, from any arm, division, affiliate, subsidiary, franchise, or other segment of a business with which the agency does business, either directly or indirectly or, which could be attempting to influence the actions of the agency or public servant.
Categories: Gifts; Conflicts of Interest; Travel Expenses
Advisory Opinion 12-06Under certain conditions, the Kentucky Heritage Council may accept financial assistance in the form of reimbursement for the cost of its employees to attend and conduct training sessions, to attend state and national conferences, and to pay for incidental expenses (brochures, training materials) necessary to conduct quarterly conferences from an organization that is not regulated by or doing business with the agency.
Categories: Gifts; Conflicts of Interest; Travel Expenses
expand Issuing Year: 2011
Advisory Opinion 11-01NUMBER VOIDED
Categories: Voided;
Advisory Opinion 11-03 Gift Exception 2011-1The Kentucky Horse Racing Commission may accept, as an exception to the gifts rule (KRS 11A.045(1)), access to a nationwide horse database from a company with which they do business.
Categories: Gifts; Exceptions
Advisory Opinion 11-05The Secretary of State is prohibited from accepting a gift worth up to $500 from the Kentucky League of Cities (KLC) for service as the previous President of KLC prior to her appointment as Secretary of State.
Categories: Gifts; Exceptions
Advisory Opinion 11-07Addresses several questions related to endorsement and partnership activities between the Kentucky Retirement Systems (KRS) and the Kentucky Public Retirees Organization, a non-profit organization comprised of retired public employees.
Categories: Endorsement/Partnership;
expand Issuing Year: 2010
Advisory Opinion 10-01There is no conflict of interest requiring the Secretary of State, who is running for statewide office, to abstain from performing his statutory duty as chair of the State Board of Elections.
Categories: Conflicts of Interest;
Advisory Opinion 10-03The Department of Corrections may not accept a gift in the form of a 40mm Single Shot Launcher from a vendor under the exception to the gifts rule provided for in KRS 11A.045(1) due to the concern that it would create an appearance of impropriety.
Categories: Gifts; Exceptions
Advisory Opinion 10-05A state regulator may, with some limitations, use state time and resources to promote membership and participation by comparable regulators from other jurisdictions in an international professional association comprised of such regulators if such use of state time and resources is approved by agency management.
Categories: Endorsement/Partnership; Solicitation/Fundraising;
Advisory Opinion 10-07A state regulator may perform work as an independent contractor for a Third Party Certification firm under the Interstate Milk Shippers International Certification Pilot Program so long as he does not use state time, personnel, or property to perform the work.
Categories: Conflicts of Interest; Outside Employment; Self-employment
expand Issuing Year: 2009
Advisory Opinion 09-02An agency may solicit contributions and grants from entities it does business with when there is express legislative intent and statutory authority for the solicitations.
Categories: Solicitation/Fundraising;
Advisory Opinion 09-04A state employee may accept a sum of money from an Employee Stock Ownership Plan from a previous employer, even though the employee deals with the former employer in the course of performing his official duties. However, the employee must abstain from any involvement in matters concerning his former employer for a reasonable length of time after receiving payment in full.
Categories: Conflicts of Interest;
Advisory Opinion 09-06For a period of one year, a former employee may not work for a private company that seeks to do business with the employee&#39;s former agency on matters in which the employee was directly involved during the last thirty-six months of his tenure.
Categories: Post Employment;
Advisory Opinion 09-08The Commissioner of the Department for Fish and Wildlife Resources may also be self employed as an independent contractor with a land development company. However, he cannot do business with his own agency, and he must ensure that he has no competing interests between his official position and his private interests.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 09-10Legislative agents on the public affairs staff of the Kentucky Chamber of Commerce are not required to register as executive agency lobbyists since the activities described do not meet the definition of executive agency lobbying as outlined in KRS 11A.201.
Categories: Executive Agency Lobbying;
Advisory Opinion 09-12The Kentucky Board of Speech-Language Pathology and Audiology are not prohibited by KRS Chapter 11A from contributing funds to associations related to the professions regulated by the Board. However, members of the Board who also serve in a leadership role in any of those professional associations should abstain from any matter before the Board that could affect his or her own association.
Categories: Conflicts of Interest;
Advisory Opinion 09-16Amends Transportation Cabinet officials other than the Secretary may make decisions with respect to a highway project located near real property owned by the Secretary and may provide technical expertise to the neutral third party appointed to make discretionary decisions in lieu of the Secretary so long as the Secretary remains uninvolved with any of those discussions or decisions. Further, the Secretary may testify before Legislative committees regarding other projects named in the Six Year Road Plan and other Transportation Cabinet employees may testify if questions arise regarding the road project located near the real property owned by the Secretary.
Categories: Conflicts of Interest;
Advisory Opinion 09-18An employee of the Department of Environmental Protection, Division of Water, is prohibited from bidding on or holding a contract with the Department for Natural Resources, Division of Abandoned Mine Lands, as a statutory conflict would exist due to the fact that the departments are part of the same agency.
Categories: Conflicts of Interest;
Advisory Opinion 09-20Microsoft eLearning vouchers may be distributed to the citizens of the Commonwealth of Kentucky through the Education and Workforce Development Cabinet. The vouchers are gifts to the citizens of Kentucky and not to the agency. The eLearning voucher program is an allowable partnership pursuant to KRS Chapter 11A and would not constitute an impermissible endorsement of Microsoft Corporation.
Categories: Endorsement/Partnership; Gifts;
Advisory Opinion 09-22It would not be a conflict of interest for the Director of Biofuels to accept an outside consulting agreement with an out-of-state bank to assist in the sale of certain idle biofuel manufacturing assets located in West Texas.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 09-24It would be a conflict of interest for an Administrative Branch Manager within the Provider Services Branch of Program Integrity with the Department for Medicaid Services to offer credentialing/consulting services to assist health care professionals in completing enrollment applications for private insurance health plans if those professionals were participating in the Medicaid program or involved in the enrollment process to become Medicaid providers.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 09-28Assuming he abstains from any involvement in any matters that directly involve his private institution or that would affect his institution differently than any other similarly situated private postsecondary institution, not only may a member of the Council on Postsecondary Education be President of a private postsecondary institution licensed by the Council, he may continue to serve as Chair of the Council as well.
Categories: Conflicts of Interest;
Advisory Opinion 09-31The Director of Research and Statistics in the Office of Employment and Training, Workforce Development Cabinet, may receive an honorarium and travel expenses for making presentations to out of state agencies on his own time, so long as he makes a clear distinction between his official position and his private interest.
Categories: Gifts; Honoraria
Advisory Opinion Gift Exception 2009-02The daughter of the Secretary of the Finance and Administration Cabinet may accept bat mitzvah gifts from persons or businesses that do business with, are regulated by, are seeking grants from, are involved in litigation against, or are attempting to influence the Finance and Administration Cabinet, provided the gifts are reasonable in value.
Categories: Gifts; Statements of Financial Disclosure; Exceptions
Advisory Opinion Gift Exception 2009-04A member of the Governor’s executive staff may accept wedding gifts from persons or businesses that do business with, are regulated by, are seeking grants from, are involved in litigation against, or are lobbying or attempting to influence the Office of the Governor, provided the gifts are reasonable in value.
Categories: Gifts; Statements of Financial Disclosure; Exceptions
expand Issuing Year: 2008
Advisory Opinion 08-01The inclusion of an individual in a will is not within the definition of “gift” until an individual is deceased, and thus the children of employees of a veterans center are not prohibited by the Executive Branch code of Ethics from inclusion in a resident’s will. However, the Kentucky Department of Veterans’ Affairs should consider the consequences of such inclusion and adopt internal policies to address the matter.
Categories: Gifts;
Advisory Opinion 08-03A Kentucky Vehicle Enforcement Officer may work for an attorney’s office conducting investigations and serving subpoenas only in those matters that don’t pose a conflict with his peace officer position. He should have no involvement in his peace officer position in matters concerning investigations or subpoenas with which he has had involvement as part of his private work, and he should not be involved in investigations and subpoena service in his private work if he has had involvement with such cases as a peace officer.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 08-05The Executive Director of the Education Professional Standards Board may accept a professional organization&#39;s offer to pay for attendance at conference since the Board does not regulate the members of the organization. However, the Board may not accept travel and hotel accommodations from a testing service that the Board selects to administer proficiency tests.
Categories: Gifts; Travel Expenses
Advisory Opinion 08-07Officers employed by the Department of Revenue may serve as ex-officio members of Kentucky Farm Bureau Tax Advisory Committee as long as they are non-compensated and non-voting.
Categories: Conflicts of Interest;
Advisory Opinion 08-09Employee who had involvement with specific clients in previous state employment should abstain for a reasonable period of time before having any involvement in matters pertaining to the same clients.
Categories: Conflicts of Interest;
Advisory Opinion 08-11A conflict of interest will not exist for the Transportation Secretary to have an ownership interest in property adjacent or near to a priority road project when the ownership interest predates the identification of the road project as a priority and the Secretary abstains, in writing, from any future decisions that could affect the property in question that have not been addressed in the six year plan.
Categories: Conflicts of Interest;
Advisory Opinion 08-13The Department for Employee Insurance in the Personnel Cabinet may accept written brochures and speakers for its wellness programs from pharmaceutical companies provided the brochures and speakers do not advertise or mention specific drugs or companies.
Categories: Endorsement/Partnership; Gifts;
Advisory Opinion 08-15An administrative coordinator for the Department of Corrections responsible for oversight of the Recovery Kentucky facilities and prison/jail substance abuse programs cannot serve as a member of the statewide Board of Directors for People Advocating Recovery.
Categories: Conflicts of Interest;
Advisory Opinion 08-17A state agency is not prohibited from offering a discount on lodging in state parks to businesses, including vendors of the agency, so long as the businesses are evaluated according to standard criteria and treated equally.
Categories: Conflicts of Interest;
Advisory Opinion 08-19The Executive Director of a state board may not be involved in the RFP and bid selection process when the Executive Director&#39;s adult children are associated with one of the potential bidder&#39;s companies as independent contractors.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 08-21With limitations and the approval of his appointing authority, the Vice Chairman of the Public Service Commission may actively practice law, serve as a Bankruptcy Trustee, and remain an equity partner in a law firm in an &quot;as counsel&quot; role. A period of six months is a reasonable period of time for the Vice Chairman of the Public Service Commission to abstain in a matter pending before the Public Service Commission in which the Vice Chairman formerly represented one of the parties, but the agency may require abstention for a longer period of time. A Vice Chairman who was a former member of the Sierra Club is not required to abstain in cases in which the Sierra Club intervenes as a party.
Categories: Conflicts of Interest;
Advisory Opinion 08-23An Administrative Section Supervisor for the Kentucky Law Enforcement Council may administer polygraph tests through her own private company to individuals monitored by Probation and Parole.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 08-25Executive Order 2008-454 subjects board members of the Bluegrass State Skills Corporation to the gift provisions of KRS 11A.045, and the request for a blanket gift exception to allow the board members to receive gifts in excess of the statutory limit is denied.
Categories: Gifts;
Advisory Opinion 08-27The Executive Director of the Office of Financial Management for the Kentucky Finance Cabinet may serve as a public issuer representative board member on the Municipal Securities Rulemaking Board.
Categories: Conflicts of Interest;
Advisory Opinion 08-29A Division Director who is a licensed attorney but who had no attorney responsibilities for the agency may return to private law practice and immediately begin to represent clients before his former agency, provided that he refrains for a period of one year from participation in matters in which he was directly involved for the last thirty-six (36) months of his state employment.
Categories: Post Employment;
Advisory Opinion 08-31A social worker may not participate in a baby shower or accept baby gifts from foster care families who are part of the social worker&#39;s caseload.
Categories: Gifts;
expand Issuing Year: 2007
Advisory Opinion 07-01NUMBER VOIDED
Categories: Voided;
Advisory Opinion 07-03A program specialist who has responsibilities for, or may advise staff concerning, family support benefits may not have as tenants of rental units he owns individuals who receive family support benefits.
Categories: Conflicts of Interest;
Advisory Opinion 07-06The Governor&#39;s Office of Wellness and Physical Activity may seek discounts from health clubs and weight loss programs on behalf of the Kentucky Employee Health Plan and/or Get Health Kentucky members?
Categories: Endorsement/Partnership;
Advisory Opinion 07-08Although proper use of state time and attendance by employees is a management decision, flagrant misuse of work time and attendance by a public servant could rise to the level of a violation of the Executive Branch Code of Ethics. Employees have a duty to accurately record their time worked and leave time submitted to their agencies on their official timesheets. Agency timesheets should always reflect the actual days and hours that a public servant works.
Categories: Conflicts of Interest;
Advisory Opinion 07-10Pursuant to the 2006-2008 Kentucky Biennial Budget Bill (House Bill 380), the Executive Branch Code of Ethics, found in KRS Chapter 11A, is applicable to the directors, officers and management and policymaking employees of the Louisville Arena Authority, Inc. , and thus the board of directors for the Authority must file with the Executive Branch Ethics Commission annual statements of financial disclosure.
Categories: Jurisdiction; Solicitation/Fundraising; Statements of Financial Disclosure;
Advisory Opinion 07-12Finance and Administration Cabinet may accept donation of scrap yard land from a person with whom it does business because the cost to contain the environmental hazards of the property is greater than the value of the property free of any environmental hazards. As the donated property has no value in its current state, it is not a gift as that term is defined in KRS Chapter 11A.
Categories: Gifts;
Advisory Opinion 07-14For jurisdictional purposes, the Executive Branch Code of Ethics is applicable to any entity that is within the financial reporting entity of the Commonwealth as determined by the Finance and Administration Cabinet and audited by the Auditor of Public Accounts, excluding state colleges, universities, legislative, and judicial entities, subject to revision by the legislature.
Categories: Jurisdiction;
Advisory Opinion 07-17A branch manager employed by the Department of Libraries and Archives may provided consulting services for the world Games 2010 Foundation provided any agreement is in compliance with the Model Procurement Code in KRS 45A.340.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 07-19Review of Nepotism under the Executive Branch Code of Ethics<br>(Amends Advisory Opinion 04-34)<br>In previously issued Advisory Opinion 04-34 the Commission clarified that based on KRS 11A.020(1)(a), (c), and (d), public servants are prohibited from advocating or influencing in any way the employment, appointment, promotion, transfer or advancement of a family member to an executive branch position the public servant directly supervises or manages. Employees are barred from interviewing, recommending, approving, supervising or evaluating the job performance of a family member in most circumstances.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 07-21“Contract” or “agreement” as those terms are used in KRS Chapter 11A do not apply to an actual employment relationship.
Categories: Post Employment;
Advisory Opinion 07-23A state employee may not work through a temp agency as a temporary employee for another state agency unless the agreement with the temp agency is competitively bid.
Categories: Outside Employment;
Advisory Opinion 07-25A Property Valuation Administrator field representative may work privately as an appraiser in his own county if the data collected as a part of his official duty is not used for PVA appraisals. However, an appearance of a conflict may still exist.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 07-27An agency may solicit sponsorship for a Kentucky Employees Charitable Campaign event and print co-sponsors names on t-shirts to be distributed as long as neither the agency nor agency employees actively endorse or acknowledge the co-sponsors of the event through a public statement.
Categories: Endorsement/Partnership; Solicitation/Fundraising;
Advisory Opinion 07-29Because he is returning to his former profession, the Executive Director for Project Delivery with the Transportation Cabinet is not prohibited, upon retirement, from immediately accepting employment with a consulting firm with which he may have had direct involvement, provided for six months the employee does not work on any matters for the new employer with which he or anyone under his supervision had involvement.
Categories: Post Employment;
Advisory Opinion 07-31Actions of a family support services worker in matters regarding a client whose baby the worker plans to adopt creates a conflict of interest unless the worker abstains from involvement in any matters of the client.
Categories: Conflicts of Interest;
Advisory Opinion 07-33Post-employment guidance and clarification for transportation engineer branch manager regarding project with which he had direct involvement.
Categories: Post Employment;
Advisory Opinion 07-35Employment of the spouse of a commissioner of the Public Service Commissioner at a law firm that has clients that appear before the Public Service Commission does not necessarily create a conflict of interest for the commissioner; however, the commissioner should review KRS 11A.030 in determining whether to abstain in each case involving the law firm of the spouse.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 07-37Employees may not accept award of $25 in gas from vendor based on agency fleet credit card purchases unless the agency is authorized to allow such private use, since the purchase agreement for the gas would be between the state agency and the vendor, and thus the award of the $25 in gas would be owned by the state agency. A gift card offered to an employee from a vendor as a result of agency purchases would be considered a gift to the employee from the vendor since the employee has not provided equal or greater consideration for the gift card, and should not be accepted by the employee if greater than $25. Any frequent flyer miles awarded as a result of an employee purchase of airline tickets on a personal credit card or for which the employee pays for a trip he is making on behalf of a state agency are not considered a “gift” to the employee, but are part of the purchase agreement the employee has with the airline. Even though the fare may be subsequently reimbursed to the employee by the state agency, the employee is not prohibited from accepting the frequent flyer miles. The same is true for any rewards points programs attached to the employee&#39;s personal credit card.&nbsp;&nbsp; However, if the state agency directly purchases the airline ticket for an employee, any frequent flyer miles offered to an employee are actually owned by the employee’s state agency and the issue of whether the agency may allow the employee to use the frequent flyer miles for his private use is more appropriately addressed by agency management in conjunction with the Finance and Administration Cabinet.
Categories: Gifts;
Advisory Opinion 07-39An employee of the Division of Water, Department of Environmental Protection, Environmental and Public Protection Cabinet, may be certified as a methamphetamine cleanup contractor provided neither the Department of Environmental Protection, nor the Division of Water has implemented a policy prohibiting employees from obtaining such cleanup certifications and so long as you do not provide such cleanup services for persons or businesses that are regulated by the Division of Water.
Categories: Conflicts of Interest;
Advisory Opinion 07-41An employee of a systems development services contractor that provides executive support to state agencies is not considered an executive branch employee under the jurisdiction of the Executive Branch Code of Ethics.
Categories: Jurisdiction;
Advisory Opinion 07-43The Department of Vehicle Regulation, within the Justice Cabinet, may allow a sworn officer to own and operate a limousine business if the officer has no involvement in the regulation of the business.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 07-45Employment of the Secretary for the Environmental and Public Protection Cabinet by an individual who owns less than a five percent (5%) interest in stock of a publicly held bank corporation, and for which he also formerly served on the board of directors, does not pose a conflict of interest provided the individual refrains from involvement for a reasonable period of time regarding any matters pertaining to the bank corporation.
Categories: Conflicts of Interest;
Advisory Opinion Gift Exception 2007-01This opinion authorizes a gifts exception to allow a Transportation Cabinet employee diagnosed with leukemia to accept donations from contractors of the Transportation Cabinet, provided the employee abstain for six months after returning to work from inspections of any of the contractors who have donated for his benefit.
Categories: Gifts; Exceptions
expand Issuing Year: 2006
Advisory Opinion 06-01An out-of-state consulting firm that has a contractual agreement with the Commonwealth may provide an in-state liaison to enhance their services, provided the proposed arrangement is within the scope of the original contract.
Categories: Gifts;
Advisory Opinion 06-03Commonwealth&#39;s Attorneys&#39; and their staffs are subject to the provisions of the Executive Branch Code of Ethics in matters that are not addressed by KRS Chapter 15.733
Categories: Jurisdiction;
Advisory Opinion 06-05Pharmaceutical manufacturer employees must register as lobbyists when one of the main purposes of their job duties includes attempting to influence decisions regarding the Medicaid formulary list.
Categories: Executive Agency Lobbying;
Advisory Opinion 06-07The Department of Public Advocacy may solicit other state agencies and the public to play in golf tournament to benefit the Kentucky Innocence Project, provided the persons and businesses solicited are not doing business with, involved in litigation against, or seeking to influence the Department.
Categories: Solicitation/Fundraising;
Advisory Opinion 06-09A member of the Parole Board may work as a jail consultant on a contractual basis for the purpose of advising jails on jail standards and other matters as long as he abstains from decisions involving inmates whom he is aware are housed in jails by which he is employed as a consultant.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 06-12Board members of the Kentucky Board of Home Inspectors are not subject to the Executive Branch Code of Ethics and thus are not prohibited from conducting continuing education seminars for profit; however, the board is urged to adopt a &quot;code of ethics&quot; for its members.
Categories: Jurisdiction;
Advisory Opinion 06-14An employee may not be involved in the hiring, supervision, evaluation, or discipline of another employee with whom he shares a household and with whom a &quot;family-like&quot; relationship exists in which he will benefit financially from the employee.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 06-16A conflict does not exist for the Attorney General if the Office of the Attorney General is involved in the investigation or prosecution of the Governor unless the Attorney General becomes as a candidate for the office of governor.
Categories: Conflicts of Interest;
Advisory Opinion 06-18Employees of the Governor&#39;s Office for Local Development may accept meals from local Chambers of Commerce since the local Chambers do not primarily represent persons or businesses that are attempting to influence the Governor&#39;s Office for Local Development.
Categories: Gifts; Meals
Advisory Opinion 06-20A legal defense fund may be established for the Governor and funds may be solicited. However, the Governor should not accept any donations from the fund that have been donated by a person or business that may have interests before a state agency if the Governor is directly involved or has had direct participation in those interests.
Categories: Gifts; Solicitation/Fundraising;
Advisory Opinion 06-22A former officer of the Environmental and Public Protection Cabinet, for six months, may not benefit from a contract with any of the agencies within the Cabinet that were under his supervision. After six months, the former employee is not prohibited from benefiting from a contract with agencies within the Cabinet, provided for six additional months, he doesn’t communicate with those agencies concerning specific matters with which he was directly involved.
Categories: Post Employment;
Advisory Opinion 06-24An individual employed through a contract by the Educational Professional Standards board also may serve as a faculty member at a private college if he has no regulatory or discretionary decision-making involvement with the private college and if approved by the appointing authority of the Educations Professional Standards Board.
Categories: Outside Employment;
Advisory Opinion 06-27An employee of the Department of Mental Health and Mental Retardation Services may not work during off-duty hours for a regional mental health and mental retardation board if such service fulfills part of an agreement with his Department.
Categories: Conflicts of Interest; Contracts
Advisory Opinion 06-29A spouse of a PVA may serve as a real estate agent within limitations.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 06-31Reconsideration of Advisory Opinion 06-16.
Categories: Conflicts of Interest;
Advisory Opinion Gift Exception 2006-01The Department of Criminal Justice training may accept firearm training simulation machines from an association that represents cities since the association has no obvious incentive to attempt to influence the Department exists and since no appearance of impropriety will be created.
Categories: Gifts; Conflicts of Interest; Exceptions
expand Issuing Year: 2005
Advisory Opinion 05-02Reconsideration of Advisory opinion 04-14 Although licensure for individuals involved in appraising property in non-federally related transactions does not require certain standards to be followed, it does not remove potential conflicts that may exist for the executive director of the Real Estate Appraisers Board to be involved in non-federally related appraisals or reviews of such appraisals.
Categories: Conflicts of Interest;
Advisory Opinion 05-05Education employees providing training for other states should make a clear distinction between their official positions and their private training interests. They should not use state time, materials or equipment to provide such services, nor should they use their official positions to refer customers to themselves privately.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 05-07A former director who has returned to his former profession may work immediately on a project for another state that involves an interstate agreement with Kentucky if neither he, nor anyone under his supervision, had any involvement with the project during the last 36 months of the director’s state tenure. If he or any employees had direct involvement with the project, then the director should not work on the project for six months after leaving his state employment, and any bid by his employer should include such a statement.
Categories: Post Employment;
Advisory Opinion 05-09The Commission reverses its interpretation of the language in KRS 11A.040(4), (6), &amp; (7), &quot;funds disbursed though entitlement funds,&quot; as an exception for administrative costs for the operation of an entitlement program. The exception applies only to public funds disbursed as benefits to individuals who automatically meet the qualifications that &quot;entitle&quot; then to such funds. This opinion reverses several previously issued advisory opinions.
Categories: Conflicts of Interest;
Advisory Opinion 05-11A Property Valuation Administrator (&quot;PVA&quot;) may continue to serve in officer positions for realtor associations provided realtors, as a profession, are not attempting to influence the Office of the PVA, and provided the PVA does not engage in lobbying activity.
Categories: Conflicts of Interest;
Advisory Opinion 05-14A former Associate Commissioner for the Department of Education may serve as a program consultant and accept compensation from the Education Professional Standards Board since the Department and the Board are considered separate state agencies.
Categories: Post Employment;
Advisory Opinion 05-16Executive branch employees may not perform duties for armories and be compensated by Installation Management Funds.
Categories: Conflicts of Interest; Contracts
Advisory Opinion 05-19Kentucky Horse Park Commission members who are also state employees may not accept subscription for Three-Day Event from non-profit organization hosting the event if a business relationship exists between the organization and the Horse Park.
Categories: Gifts;
Advisory Opinion 05-21The Deputy Commissioner of the Department of Fish and Wildlife Resources may not accept employment, upon retirement, with a vendor of or entity regulated by his former agency if the Deputy Commissioner or anyone under his supervision had direct involvement with the vendor or regulated entity.
Categories: Post Employment;
Advisory Opinion 05-23A current board member of the Board of Trustees of the Kentucky Retirement Systems may not be involved in the nomination process for selection of applicants to be included on the ballot if the board member is an applicant.
Categories: Conflicts of Interest;
Advisory Opinion 05-25The Executive Branch Ethics Commission may not investigate violations of or impose penalties for violations of agency in-house policies for unpaid volunteers.
Categories: Jurisdiction;
Advisory Opinion 05-27Property tax assessment employees may accept travel expense reimbursement from a professional association which primarily represents PVAs, deputy PVAs and other Revenue Department employees.
Categories: Gifts; Travel Expenses
Advisory Opinion 05-29Employees may accept gifts for legal aid from a corporation established to assist employees with the payment of legal fees, provided the donors to the fund do not do business with, are not regulated by, and are not seeking to influence the actions of the individual state agencies for which each employee works.
Categories: Gifts;
Advisory Opinion 05-31The former executive director of the Office of Certificate of Need within the Health and Family Services Cabinet immediately may represent persons before the office he formerly headed provided the representation does not include matters that were before the office during the last three years of his tenure.
Categories: Post Employment;
Advisory Opinion 05-33A former merit employee who previously served as an officer is subject to post-employment laws applicable to officers, but only for one year following the date that the employee no longer served as an officer.
Categories: Post Employment;
Advisory Opinion 05-35The Cabinet for Health and Family Services, in this fact specific situation, may partner with and accept a donation from a private corporation to benefit a children’s health program.
Categories: Endorsement/Partnership; Gifts;
Advisory Opinion 05-38Representatives from the Board of Trustees of the Kentucky Retirement Systems may attend conference presented by a financial group but should reimburse any vendors of the agency for food and drink that they accept if the value exceeds $25 per person. Attending a conference that is strictly dissemination of information that is free to all attending is not considered a gift as defined in KRS Chapter 11A.
Categories: Gifts; Meals
Advisory Opinion 05-41A Transportation Cabinet employee may accept part-time employment with an engineering and testing company that is a contractor of the Cabinet only if approved by his appointing authority.
Categories: Outside Employment;
Advisory Opinion 05-43The Governor&#39;s Office of Local Development (&quot;GOLD&quot;), through its employees, should not solicit vendors of GOLD for sponsorship of the Southern Regional Conference of the Council of State Community Development Agencies annual conference due to inherent conflicts of interest that exist.
Categories: Solicitation/Fundraising;
Advisory Opinion Gift Exception 2005-02The expenses of the spouse of an executive branch employee to attend an annual meeting of a hospital’s board of directors, of which the spouse is a member, is not considered a gift to the spouse. The executive branch employee may accept the gift of meals from the hospital, provided the hospital has no proceedings or other regulatory matters pending before the Finance and Administration Cabinet for which the employee works. The employee should also abstain from any matters that would come before Finance concerning the hospital.
Categories: Gifts; Exceptions; Family Members
Advisory Opinion Gift Exception 2005-04This opinion authorizes a gift exception to allow an inspector to accept donations from an account set up to assist his family to which vendors have donated.
Categories: Gifts; Exceptions
expand Issuing Year: 2004
Advisory Opinion 04-01The Department of Agriculture may not accept free amusement ride passes, from amusement companies that the Department of Agriculture regulates, to distribute to agency employees.
Categories: Gifts;
Advisory Opinion 04-03Service provided by the General Counsel of the Cabinet for Health and Family Services, as a private citizen, on various local boards and councils will not cause a conflict of interest, provided he recuses himself and abstains from any official action with respect to any of the boards or councils on which he serves.
Categories: Conflicts of Interest;
Advisory Opinion 04-05Employees may not offer continuing professional education, privately, for compensation, to persons regulated by their state agency without causing a conflict of interest for the employees.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 04-07Although the Governor has ultimate authority over every executive branch agency, he is not considered to be employed by or supervising every executive branch agency in applying the gifts provisions in KRS 11A.045(1). Only when the Governor is directly involved or has direct participation in interests before a particular agency should the Governor be considered to be employed by or supervising that agency for purposes of acceptance of gifts.
Categories: Gifts;
Advisory Opinion 04-09A park manager/golf professional may accept golf equipment for personal use from a religious-based organization that receives such equipment from a vendor of the Department of Parks, provided the purpose of the donation by the vendor is to accomplish the mission of the religious-based organization.
Categories: Gifts;
Advisory Opinion 04-11The issuance of a formal legal opinion by the Attorney General regarding benefit calculations for the Legislators’ Retirement Plan creates a conflict of interest for the Attorney General.
Categories: Conflicts of Interest;
Advisory Opinion 04-13A Service Region Administrator should not solicit employees under his direct or indirect supervision for monetary donations.
Categories: Solicitation/Fundraising;
Advisory Opinion 04-15The former executive director of the Kentucky Horse Racing Authority may pursue employment options in the horse racing industry immediately upon his termination of employment because he will be returning to his former profession in which he was employed prior to his state employment. However, for six months, he should not work on any matters in which he had direct involvement during the last three years of his state tenure.
Categories: Post Employment;
Advisory Opinion 04-17An employee may not have or enjoy part of an agreement with his own state agency to provide interpretive services for compensation. However, an agency is not prohibited from allowing an employee to work for the agency in addition to his normal working hours and earn compensatory time. An employee may have or enjoy an agreement to provide interpretive services for a state agency, other than his own, so long as the agreement complies with the Model Procurement Code at KRS 45A.340. An employee is not prohibited from providing interpretive services to entities outside of state government so long as the employee does not use his official position to give himself an advantage.
Categories: Conflicts of Interest; Outside Employment; Contracts; Self-employment
Advisory Opinion 04-19A state employee may solicit donations from a private local help agency for the benefit of clients of his state agency if the private local help agency is a charitable non-profit organization under Section 501(c) of the Internal Revenue Code. If the help agency is not charitable, the employee may solicit donations, but not from persons or businesses that are regulated by or doing business with the employee’s state agency.
Categories: Solicitation/Fundraising;
Advisory Opinion 04-21The former executive director of the Parole Board may immediately serve as a consultant and sub-contractor for a company owned by an individual with whom he had direct involvement as part of his official duty, but with whom the Parole Board did not do business or regulate.
Categories: Post Employment;
Advisory Opinion 04-23This opinion number is voided.
Categories: Voided;
Advisory Opinion 04-25The Department of Tourism may contract with the Kentucky Tourism Council for the sale of advertisements in the Great Getaway Guide, even though the Commissioner of Tourism and the Commissioner of the Department of Parks serve on the Kentucky Tourism Council by virtue of their positions.
Categories: Conflicts of Interest;
Advisory Opinion 04-28Executive Director may accept post-employment with company to perform a specific function that will fulfill a contract between the company and the Cabinet for which he currently works if the contract directly involves entitlement funds. The Cabinet Secretary may provide a job referral for the employee if the Cabinet Secretary does not make the referral to a company that has a business or regulatory relationship with the Cabinet.
Categories: Conflicts of Interest; Post Employment; Contracts
Advisory Opinion 04-30Campaign contributions are not required to be reported by executive agency lobbyists as expenditures or financial transactions.
Categories: Executive Agency Lobbying;
Advisory Opinion 04-32The Attorney General may seek votes for school board candidate, provided the individuals contacted have no interests before the Office of the Attorney General.
Categories: Conflicts of Interest;
Advisory Opinion 04-34Employees should not be involved in interviewing, recommending, or approving family members for positions within their agencies. They should not directly supervise a family member or evaluate a family member’s job performance.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 04-36The Executive Director of the Office of Financial Institutions may not accept a fee waiver to attend convention activities in addition to the session where he will be a program presenter.
Categories: Gifts;
Advisory Opinion 04-38If the Office of Financial Institutions does business with Microsoft, employees may accept a voucher to purchase up to $80 worth of merchandise from Microsoft’s on-line store at the employee discount up to a discount value of $25.
Categories: Gifts;
Advisory Opinion 04-40NUMBER VOIDED
Categories: Voided;
Advisory Opinion 04-42The Chairman of the Public Service Commission may attend and participate in a program sponsored by a utility association that represents local energy companies regulated by the Public Service Commission, but may not accept reimbursement from the association for the costs of attending the program.
Categories: Gifts; Travel Expenses
Advisory Opinion 04-44NUMBER VOIDED
Categories: Voided;
Advisory Opinion 04-46The Department of Corrections may approve outside employment for a probation and parole officer with a substance abuse center, provided the employee is not involved in any decisions or recommendations regarding the substance abuse center as part of his duty for the state. Such approval should include a requirement that the employee not be involved in supervising individuals, as part of his official duty for the agency, who are enrolled in any type of treatment program at the substance abuse center.
Categories: Outside Employment;
expand Issuing Year: 2003
Advisory Opinion 03-01Attorneys employed by the Kentucky Real Estate Commission may be involved in the mediation of cases involving a real estate firm when the attorneys&#39; mothers are associated with the real estate firm as independent contractors, but the attorneys should not be involved in any matters involving either of their mothers, and must disclose such abstention in writing.
Categories: Conflicts of Interest;
Advisory Opinion 03-03An employee who performs a service that is outsourced to a vendor or &quot;privatized&quot; is not prohibited from immediately accepting employment with the vendor procured to provide the service, as long as the employee had no involvement in the decision to privatize or in developing the provisions of the Request for Proposal or contract awarded.
Categories: Post Employment;
Advisory Opinion 03-05An investigation by the Office of the Attorney General of a political opponent of the Attorney General creates a conflict of interest for the Attorney General, and thus, the Office of the Attorney General must remove itself from any involvement regarding the investigation.
Categories: Conflicts of Interest;
Advisory Opinion 03-07The Governor, as well as other state officials, should not attempt to influence employment decisions in return for favors when the official has no personal knowledge of the capabilities or qualifications of the individual for whom he is trying to influence a decision. State officials also should abstain from making state government employment recommendations regarding family members or individuals with whom an official has a close, intimate relationship.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 03-09Vehicle enforcement officers should not void issued uniform citations when requested by another officer. Additionally, vehicle enforcement officers should not request other officers to void any uniform citations. Management within the Division of Vehicle Enforcement should implement policies that include a periodic accounting of all uniform citation numbers and follow-up on any citations that have been voided.
Categories: Conflicts of Interest;
Advisory Opinion 03-11An employee of the Department of Insurance may accept payment for travel expenses from an international association of insurance fraud agencies because it appears that the organization has as its primary purpose the representation of the interests of state and federal regulators, rather than those of insurance companies.
Categories: Gifts; Travel Expenses
Advisory Opinion 03-13Regulatory boards may hire inspectors who are employed in the profession they regulate, provided the Executive Director (or Administrator) of the board inspects the businesses owned by or employing the inspectors. Additionally, inspectors may be employed as instructors by a school that trains students in the profession only if the course instruction does not require specific approval by the board.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 03-15The practice of the Racing Commission giving &quot;pins&quot; to individuals that allow free admission to racetracks, including the Derby, creates a conflict of interest for the Racing Commission in the conduct of its duties. Because of this practice, racetracks may feel pressure to allow such a gratuity and the Racing Commission would be aware of any tracks that decline to allow such free admission. Additionally, employees of the Racing Commission are prohibited from accepting any gift or gratuity with a value of over $25, including track admission, from a racetrack regulated by the Racing Commission.
Categories: Gifts;
Advisory Opinion 03-17This opinion number has been voided.
Categories: Voided;
Advisory Opinion 03-19A forensic anthropologist employed by the Kentucky State Medical Examiner&#39;s Office may use his job title for identification purposes in the marketing of an autobiographical book because such identification will not give an advantage to the employee.
Categories: Conflicts of Interest;
Advisory Opinion 03-21The Kentucky Commission on Women may post views related to its statutory mission on its listserv and may also take stands on legislation related to its statutory mission, but only so far as such communication does not give an appearance to the public of partisan, political activity not directly related to it mission.
Categories: Conflicts of Interest;
Advisory Opinion 03-23A correctional institution should not contract with the child of the warden of the institution to provide dental services to the institution, because compliance with the ethics requirements, for the warden, would be impractical and the appearance of impropriety unavoidable.
Categories: Conflicts of Interest; Contracts; Family Members
Advisory Opinion 03-25The Commission believes that the Department may accept four tickets for admission to attend the ICC’s convention in July 2003, so long as all ICC members receive the same benefit.
Categories: Gifts;
Advisory Opinion 03-27Employees of the Revenue Cabinet may solicit donations from regulated entities for the benefit of KECC. However, the Revenue Cabinet should not publicly acknowledge a corporate donor to the KECC effort. A private book vendor may be allowed on state property to conduct a book sale to benefit KECC, but only if all profits are given to KECC, and not just a percentage.
Categories: Endorsement/Partnership; Solicitation/Fundraising;
Advisory Opinion 03-29the Commission grants prior approval for the Department’s deputy commissioner to accept additional compensation for performance of work consistent with his official duties if the deputy commissioner spends time over and above his normal hours performing work for the archery program and is not paid or allowed compensatory time by the Department. The additional compensation should not exceed a fair market value for such service.
Categories: Conflicts of Interest;
Advisory Opinion 03-31An employee of the Kentucky Heritage Council may serve as a member of the Board of Trustees for a private school, provided the employee has no involvement with the school as part of his official position.
Categories: Conflicts of Interest;
Advisory Opinion 03-33An employee may perform pre-sentence investigative services in addition to his state job, but he must ensure no conflict of interest exists with his official position.
Categories: Outside Employment;
Advisory Opinion 03-35The decision to allow correctional facility employees to take, free of charge, compost and firewood from the cleared facility land is a management decision, provided such a decision complies with applicable statutes and regulations regarding the disposal of surplus property.
Categories: Gifts;
Advisory Opinion 03-37The Kentucky Youth Challenge Foundation may accept donations of items toiletry items from Sam’s Club for the benefit of the Bluegrass Challenge Academy. However, if the Bluegrass Challenge Academy accepts such items from the Foundation, the Department should no longer consider Sam’s Club and Wal-Mart as vendors in the future if employees involved in procurement for the agency are aware of the ultimate source of the donations.
Categories: Solicitation/Fundraising;
Advisory Opinion 03-39Reconsideration of Advisory Opinion 96-31 – Due to steps taken by the Governmental Services Center to alleviate inherent conflicts of interest, the decision as to whether Governmental Services Center employees who have responsibilities in the Certified Manager Program may be eligible for the Educational Achievement Award upon successful completion of the Certified Public Manager Program is one that should be made by Governmental Services Center management.
Categories: Conflicts of Interest;
Advisory Opinion 03-41A state employee may use data from the agency by which he is employed for completion of a research paper because the analysis of the information obtained is part of the employee’s official duties, and the information is available to the general public.
Categories: Conflicts of Interest;
Advisory Opinion 03-43A state employee may engage in outside self-employment for compensation to provide speaking services on Medicaid eligibility, provided he does not provide services for persons or entities that are Medicaid recipients, who are seeking Medicaid eligibility, or who are under investigation by the Office of Inspector General within the agency.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 03-45The post-employment provisions in KRS Chapter 11A do not apply if an employee transfers to another executive branch agency.
Categories: Post Employment;
Advisory Opinion 03-47An employee may accept a trip won at a nutrition conference if the conference, and the door prize, was open to the public, and the drawing was truly random.
Categories: Gifts;
Advisory Opinion 03-49Individuals who volunteer their services to state government are not subject to the Executive Branch Code of Ethics, however potential conflicts may exist and agency policies should be established to eliminate potential conflicts for volunteers.
Categories: Conflicts of Interest; Jurisdiction;
Advisory Opinion Gift Exception 2003-01The Commission authorizes an exception to KRS 11A.045(1) to allow the outgoing Commissioner of Agriculture to accept a plaque exceeding the $25 gift limit from a university that submits grant requests to the Department of Agriculture.&nbsp; Although the university does seek grants from the Department from time to time, because of the nature of the award, and because the Commissioner is nearing the end of his tenure, the Commission believes acceptance of the plaque by the Commissioner would not create an appearance of impropriety.
Categories: Gifts; Exceptions
expand Issuing Year: 2002
Advisory Opinion 02-02The Department for Veteran’s Affairs should not accept a donation from a person or business that is seeking the Department’s business. Additionally, the Department should notify persons or business in advance of acceptance of a donation that such acceptance by the Department might affect the Department’s ability to consider the person or business as a vendor in the future.
Categories: Gifts;
Advisory Opinion 02-04An employee of the Cabinet for Health Services may serve on an advisory board partially funded by a pharmaceutical company, but may not accept travel and related expenses from the pharmaceutical company.
Categories: Conflicts of Interest; Gifts; Travel Expenses
Advisory Opinion 02-06State employees may contract with and sell products to the Appalachian Kentucky Gateway Artisan Center Authority provided they are not employed by the Authority and provided they comply with the Model Procurement Code.
Categories: Conflicts of Interest; Contracts
Advisory Opinion 02-08Pharmaceutical manufacturer employees must register as lobbyists if they are attempting to influence decisions of the Pharmacy and Therapeutics advisory committee concerning recommendations for drug approvals.
Categories: Executive Agency Lobbying;
Advisory Opinion 02-10A staff member of the Council on Postsecondary Education should not be involved in matters involving Kentucky State University’s &quot;program of distinction&quot;, which has applied to the Agriculture Development Board for grant money, unless the staff member abstains from any involvement in the Kentucky Shrimp Grower’s grant application to the Agricultural Development Board.
Categories: Conflicts of Interest;
Advisory Opinion 02-12The Kentucky Law Enforcement Memorial Foundation, the membership of which is comprised of many employees of the Department of Criminal Justice Training, may allow businesses to sponsor a golf scramble to benefit families of fallen officers provided state employees do not solicit businesses that do business with the Department for Criminal Justice Training.
Categories: Solicitation/Fundraising;
Advisory Opinion 02-14An employee of the Division of Waste Management may not solicit funds from cities of the Commonwealth and nonprofit associations if the city, or membership of the association, is regulated by the Natural Resources and Environmental Cabinet, but the employee may solicit the federal PRIDE program in support of the agency’s recycling program.
Categories: Solicitation/Fundraising;
Advisory Opinion 02-16A state employee may not deliver a presentation at a document management session of the Kentucky Forum, coordinated by Government Technology magazine, if the presentation will give the appearance that the employee is endorsing a product or the company sponsoring the presentation.
Categories: Endorsement/Partnership;
Advisory Opinion 02-18The assistant director of the Kentucky Board of Licensure for Processional Engineers and Land Surveyors should not serve on the board of the Kentucky Association of Professional Land Surveyors, but may be a member. Members of the Kentucky Board of Licensure for Professional Engineers and Land Surveyors are not considered public servants subject to the Executive Branch Code of Ethics.
Categories: Conflicts of Interest; Jurisdiction;
Advisory Opinion 02-20A state employee may provide surveying services for a property owner who is a principal in a company whose work employee the employee has reviewed, but the employee should wait a minimum of six months following involvement with the company as part of the employee’s official duty before providing private services to the property owner. The employee also should abstain, for a minimum of six months following completion of private service for the property owner, from any involvement in matters pertaining to the company of which the property owner is a principal.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 02-22A state agency may not host, on state property, a fund-raising event in conjunction with a private company to generate funds for the agency’s employee recognition program.
Categories: Endorsement/Partnership; Solicitation/Fundraising;
Advisory Opinion 02-24A principal assistant in the Department of Agriculture may not serve as a member and/or chair of a local area development district if the employee is considered a &quot;state Officer&quot; or a &quot;deputy state officer.&quot;
Categories: Conflicts of Interest;
Advisory Opinion 02-26An auditor is not prohibited from hiring a computer expert to install computer equipment for a personal computer even though the computer expert works for a corporation that owns facilities the auditor is reviewing, provided the auditor pay the computer expert a fair wage and provided the auditor not use official position to get an advantage.
Categories: Conflicts of Interest;
Advisory Opinion 02-28The Commissioner of Agriculture may not solicit funds on behalf of the National Association of Departments of Agriculture from entities the Department of Agriculture may directly or indirectly regulate or with which it does business. However, because the National Association of Departments of Agriculture promotes the interests of the Department, the Commissioner may allow the Association to use his name as an endorsement in the association’s solicitation of such entities.
Categories: Conflicts of Interest; Solicitation/Fundraising;
Advisory Opinion 02-30The Executive Director of the Kentucky Real Estate Appraisers Board may serve on a standards setting board and accept compensation and travel expense reimbursement from the standards setting board.
Categories: Conflicts of Interest; Gifts; Travel Expenses
Advisory Opinion 02-32An employee of the Department of Public Advocacy may not accept a door prize from a vendor at its annual convention because the drawing for the door prize is not open to the public.
Categories: Gifts;
Advisory Opinion 02-34The Commissioner of the Department for Juvenile Justice may accept a teaching position with Eastern Kentucky University, College of Criminal Justice and Safety even though the Department contracts with the university for research and administrative services of the Kentucky Collaborative for State Agency Children.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 02-36The Executive Director of the Kentucky State Board of Accountancy may accept, upon retirement, reimbursement from the American Institute of Certified Public Accountants for travel expenses incurred as a volunteer member of the Board of Examiners. However, the Executive Director may not accept, upon retirement, reimbursement of travel expenses from the Kentucky State Board of Accountancy.
Categories: Gifts; Travel Expenses
Advisory Opinion 02-38Although the employee may not be required to obtain approval for his outside consulting, he still must ascertain that no conflict of interest exists between his private consulting business and his official position with the Department. Thus, the employee should not serve, in substance, as the administrator and representative before the Cabinet for the long-term care facility while still in the employ of the Department. The employee is not prohibited from post-employment with the long-term care facility.
Categories: Conflicts of Interest; Outside Employment; Post Employment; Self-employment
Advisory Opinion 02-40An employee who has indirect, but no direct, authority over plumbing inspectors employed by the same state agency may rent a room from an inspector so long as fair market value is paid by the employee.
Categories: Conflicts of Interest;
Advisory Opinion 02-42A public servant may solicit funds from businesses, on behalf of a non-profit association, provided the businesses do not do business with and are not regulated by the state agency for which the public servant works.
Categories: Solicitation/Fundraising;
Advisory Opinion 02-44The Commissioner of the Department of Financial Institutions should not promote membership in a national industry trade organization to those entities over which the Department has regulatory authority, such as banks. However, the Commissioner may allow the trade association to use the Commissioner’s endorsement in the trade association’s solicitation of such entities.
Categories: Conflicts of Interest;
Advisory Opinion 02-46A former director may not accept a position with a company that will involve fulfillment of a contract with the state agency by which the director was formerly employed.
Categories: Post Employment;
Advisory Opinion 02-48The Office of Women’s Physical and Mental Health may not accept gifts, including in-kind contributions, from corporations or other entities regulated directly or indirectly by the Cabinet for Health Services.
Categories: Gifts;
Advisory Opinion 02-50A former Commissioner may not immediately accept employment with an entity that does business with the state agency by which the Commissioner was formerly employed, but must wait six months, unless the entity is a political subdivision.
Categories: Post Employment;
Advisory Opinion 02-52The question as to whether a private board member may serve on a state licensure board committee is not under the jurisdiction of the Executive Branch Ethics Commission. However, the Board should consider the impact that placing such persons on committees might have on the public confidence of the integrity of the Board.
Categories: Jurisdiction;
Advisory Opinion 02-54A former employee may immediately accept employment with a subcontractor of a transportation service company with which he had direct involvement during his state tenure, but for one year should not lobby on behalf of or represent the company in matters in which he was directly involved.
Categories: Post Employment;
Advisory Opinion 02-56A craftsperson who is also an employee of the Department of Parks may not sell wares at the Park or refer customers to his private business.
Categories: Conflicts of Interest; Contracts
Advisory Opinion 02-58A non-profit entity may contribute in the form of a hospitality room, or money to defray expenses, for a training conference for victim’s advocates hosted by the Office of the Attorney General assuming that no vendor or entity regulated by the Office of the Attorney General has control of or participates in the management of the non-profit entity.
Categories: Gifts;
Advisory Opinion 02-60State colleges, state universities, and political subdivisions are not considered &quot;persons&quot; or &quot;businesses&quot; as defined by the Executive Branch Code of Ethics.
Categories: Jurisdiction;
Advisory Opinion Gift Exception No. 2002-02The Commission authorizes an exception to KRS 11A.045(1) to allow the Finance and Administration Cabinet to accept the BioMail Solutions Detection System equipment from a corporation that it does business with in exchange for the corporation&#39;s ability&nbsp; to test the equipment.&nbsp; Although the Cabinet does business with the corporation, the Cabinet may accept the testing equipment with the expectation that no advantage be allowed by the Finance and Administration Cabinet now or in the future with regard to bidding on this type of equipment, and maintenance of equipment or related mail processing equipment, and on the basis that it provides a substantive security benefit to the people of the Commonwealth.
Categories: Gifts; Exceptions
expand Issuing Year: 2001
Advisory Opinion Gift Exception 2001-01The Commission grants an exception, pursuant to KRS 11A.045 for the Lt. Governor and his spouse to accept customary baby gifts from persons or businesses that may be doing business with, regulated by, or attempting to influence the actions of the Office of the Lt. Governor provided such gifts are reasonable in value.&nbsp; The Commission does not have the authority to exempt the Lt. Governor from the reporting requirements in KRS 11A.050; thus, the Lt. Governor must report any gift he or his wife receives if it has a value of more than $200 and it is not from a family member.
Categories: Gifts; Statements of Financial Disclosure; Exceptions
Advisory Opinion: 01-01For purposes of addressing the digital divide, vendors of the Governor’s Office of Technology are not prohibited from offering discounts to state employees who wish to purchase computer products, provided the discounts are offered to employees of all state agencies and are not limited to a select group or a particular agency, and provided the vendor offers a reasonably consistent discount to its other customers’ employees. Employees involved in the selection of computer products, as part of their official duties, should not accept the offer.
Categories: Conflicts of Interest; Gifts;
Advisory Opinion: 01-03The Lieutenant Governor may promote the distribution of the Emergency Medical Services files project through a local television public service announcement, but only if such an announcement is not associated with any of the sponsors of the project. He should not promote or endorse any companies or organizations sponsoring the project.
Categories: Endorsement/Partnership;
Advisory Opinion: 01-05This Number Voided
Categories: Voided;
Advisory Opinion: 01-07An inspector may accept an one-day employment with a coal company and attend training in order to benefit his retirement plan provided he has no responsibilities in regulating the coal company as part of his official duty.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion: 01-09A former deputy commissioner for the Department of Medicaid Services may serve as a consultant for the Department.
Categories: Jurisdiction; Post Employment;
Advisory Opinion: 01-11This opinion reverses Advisory Opinion 99-41 and concludes that the departments within the Workforce Development Cabinet are considered separate state agencies for purposes of the Executive Branch Code of Ethics.
Categories: Conflicts of Interest; Gifts; Outside Employment; Contracts
Advisory Opinion: 01-13Members of the Agricultural Development Board are not subject to the Executive Branch Code of Ethics however, they are subject to any internal ethics policy developed by the Board itself.
Categories: Jurisdiction;
Advisory Opinion: 01-15An employee may not have a compensation agreement to receive a portion of the proceeds of fuel sold with a company that he inspects as part of his official duty.
Categories: Conflicts of Interest;
Advisory Opinion: 01-17A potential conflict of interest exists if a division director has the responsibility to regulate cellular antenna towers and he also owns land that he leases to a cellular telephone provider.
Categories: Conflicts of Interest;
Advisory Opinion: 01-19Kentucky Correctional Industries may accept keyboards from the National Braille Association to use at the Kentucky Correctional Institute for Women in the translating of children’s textbooks from English to Braille.
Categories: Gifts;
Advisory Opinion: 01-21An employee of the Department of Corrections may not place candy machines in the workplace in order to raise money for charity.
Categories: Conflicts of Interest; Contracts
Advisory Opinion: 01-23The Department of Housing, Buildings, and Construction may accept booth space for the purpose of dissemination of information from an association whose members may be regulated by the Department.
Categories: Conflicts of Interest; Gifts;
Advisory Opinion: 01-25Employee organizations may provide lunch and gratuities to state employees in a non-work area of a state office building.
Categories: Conflicts of Interest; Gifts;
Advisory Opinion: 01-27A student legislative coordinator foe a student government association a Kentucky public university may serve as a student member on the Council on Postsecondary Education provided he is not engaged in lobbying activity.
Categories: Executive Agency Lobbying;
Advisory Opinion: 01-29The Commissioner of the Department of Workers Claims should not continue to serve as the President of a non-profit corporation if a perception of a conflict exists.
Categories: Conflicts of Interest;
Advisory Opinion: 01-31Commissioner may send letter to other state officials encouraging them to donate surplus computer equipment to nonprofit organization.
Categories: Conflicts of Interest;
Advisory Opinion: 01-33The Executive Director of the Capital Plaza Operations may serve on the local tourism and convention commission.
Categories: Conflicts of Interest;
Advisory Opinion: 01-35A polygraph examiner employed by the Kentucky State Police may conduct polygraph examinations for other law enforcement agencies, provided he does not receive compensation directly from the individuals whom he tests.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion: 01-37A former Commissioner of Medicaid may represent a university before the legislature and executive branch.
Categories: Post Employment;
Advisory Opinion: 01-39A Division of Water employee’s ownership of a car wash that uses water provided and treated by a local treatment plant does not present a conflict of interest unless the car wash is regulated by a utility under the regulation of the Division of Water.
Categories: Conflicts of Interest;
Advisory Opinion: 01-41An employee of the Division of Forestry may perform contract work for The Nature Conservancy, provided the employee has no direct involvement as part of his official duty with The Nature Conservancy.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion: 01-43An employee of the Kentucky State Police may be approved for outside employment with a trucking company provided the employee is not involved in the regulation of the trucking company. The appointing authority should review the applicable regulations when deciding whether to approve the outside employment.
Categories: Outside Employment;
expand Issuing Year: 2000
Advisory Opinion 00-01A state park golf professional may privately repair golf clubs for park customers, but he may not refer park customers to himself.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 00-03An executive branch employee may own stock or other interest in an entity that does business with his employing state agency if he has no direct involvement in matters concerning the entity.
Categories: Conflicts of Interest;
Advisory Opinion 00-05A state agency may award cash prizes to civic groups, religious and charitable organizations, and other nonprofit groups. Advice should also be sought from the Finance and Administration Cabinet on this matter.
Categories: Conflicts of Interest;
Advisory Opinion 00-07&nbsp;For six months, a former officer may not provide consulting services for state agencies with which he had direct involvement as part of his official duties.
Categories: Post Employment;
Advisory Opinion 00-09An employee whose job includes work as a pilot may seek outside employment as a pilot with an entity that does not do business with the state agency for which the employee works.
Categories: Outside Employment;
Advisory Opinion 00-11Upon termination from employment, an acting director must wait six months before obtaining a personal service contract with his former agency. Additionally, the acting director has an affirmative duty to file a statement of financial disclosure.
Categories: Post Employment; Statements of Financial Disclosure;
Advisory Opinion 00-13The Office of the Attorney General may use teddy bears to help facilitate a children’s health care charity program.
Categories: Gifts;
Advisory Opinion 00-15 AMENDED by AO 2017-1THIS ADVISORY OPINION WAS AMENDED BY AO 2017-1 January 23, 2017.<br><br>The staff of the Kentucky Commission on Human Rights may not solicit entities over which they have regulatory control; however, they may allow a separate entity over which they have no regulatory control to do so.
Categories: Solicitation/Fundraising;
Advisory Opinion 00-17Kentucky State Police employees may accept outside employment to handle facility security and traffic control problems for Kentucky Speedway provided there is no business or regulatory relationship between the Kentucky State Police and Kentucky Speedway. A clear distinction should be made between the employee’s official duty and his private employment.
Categories: Outside Employment;
Advisory Opinion 00-19A former executive director may not accept employment with a non-profit child care agency with which he had been involved in contracting as a part of his official duties and which is regulated by the state agency by which he formerly worked, unless the former executive director is returning to his former business or profession.
Categories: Post Employment;
Advisory Opinion 00-21An employee may not accept a paid, part-time position to lead prevention programs when funding for such programs is provided by the state agency for which the employee works.
Categories: Outside Employment;
Advisory Opinion 00-23The executive director of the Kentucky Authority for Educational Television may accept compensation for service provided to the Kentucky Educational Television Foundation provided such service is in addition to official time spent for state service.
Categories: Conflicts of Interest;
Advisory Opinion 00-25Because an employee of the Department of Housing, Buildings &amp; Construction has no involvement, as part of official duties, in regulating inspectors who are members of a trade organization, he may serve on and be compensated for his service for the trade organization.
Categories: Conflicts of Interest;
Advisory Opinion 00-27A horticulture instructor at a youth development center may conduct a landscaping labor program at the facility even though he will be soliciting customers of his private commercial greenhouse to hire residents for labor.
Categories: Conflicts of Interest;
Advisory Opinion 00-29An employee may lease an apartment at the agency by which he is employed provided the employee is not involved in the supervision of employees who handle the billing or collection of rent from tenants.
Categories: Conflicts of Interest;
Advisory Opinion 00-31An employee may accept travel expense reimbursement when interviewing for future employment if no employees under his supervisions have any involvement regarding the entity with which he seeks employment, and if no active matters of regulation of the entity are before the agency. Additionally, an employee seeking future employment with a person or business should abstain from all matters before the agency regarding the entity with which he seeks employment.
Categories: Conflicts of Interest; Gifts; Travel Expenses
Advisory Opinion 00-33Artisans are not permitted to sell their crafts at a state park because their state positions would allow them to receive a financial gain and an advantage over other vendors.
Categories: Conflicts of Interest;
Advisory Opinion 00-35An employee of the Petroleum Storage Tank Environmental Assurance Fund may return to his former profession as a managing engineer, but for one year should not represent any consultant before the Fund in matters in which he was directly involved during the last three years of his employment.
Categories: Post Employment;
Advisory Opinion 00-37Former employees who are working under personal service contracts, and who are not considered officers, must wait one year from their retirement dates before thEY lobby or represent individuals before their former state agencies.
Categories: Post Employment;
Advisory Opinion 00-39(REPLACING 00-28): An employee of the Cabinet for Health Services may represent private clients against the Cabinet for Families and Children in an administrative appeal or in district action.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 00-41An employee may accept a book and software package won at a conference from a vendor provided the conference and the contest were open to the public. However, the employee should have no involvement with the vendor as a part of his official duty.
Categories: Conflicts of Interest; Gifts;
Advisory Opinion 00-43The Commission believes that as long as the chief information officer has no involvement with the VINE Company as part of his official duty, he may serve on the board of directors of the Mary Byron Foundation. The chief information officer should disclose, in writing, his intention to abstain from matters involving the VINE Company, and matters involving specifications for victim notification services, as directed by KRS 11A.020(3) above.
Categories: Conflicts of Interest;
Advisory Opinion 00-45A pharmacist supervisor employed by the Department of Corrections may accept outside employment with the Board of Pharmacy provided that he obtains approval for dual employment, if required.
Categories: Outside Employment;
Advisory Opinion 00-47A former employee of the Kentucky State Police may represent his spouse, who also is employed by the Kentucky State Police, before the Personnel Board, provided his involvement in the matter while employed was personal and was not part of his official duties for the Kentucky State Police.
Categories: Conflicts of Interest;
Advisory Opinion 00-49Employees may accept an incentive bonus in addition to their compensation provided by law if such incentive was authorized through the pilot personnel program.
Categories: Conflicts of Interest;
Advisory Opinion 00-51Employees may accept awards for exceptional service presented by a local committee within the Family Court if award value is less than $25.
Categories: Gifts;
Advisory Opinion 00-53Even though the Justice Cabinet awards grants to local police departments, Justice Cabinet officials may attend an event hosted by a local police chief if they pay a fair value for the event, but they should consider the effect that their attendance may have on public confidence.
Categories: Conflicts of Interest; Gifts;
Advisory Opinion 00-55Employees of the Office of the Governor may solicit entities for sponsorship of Governor’s Conference on Latin America provided the entities are not doing business with or regulated by the Office of the Governor and are not attempting to influence actions of the Governor. The Governor is considered to have ultimate authority over all executive branch agencies, other than those of other elected officials, and thus he should not solicit any entities doing business with or regulated by any agency under his authority.
Categories: Solicitation/Fundraising;
Advisory Opinion 00-57A former general counsel may accept employment as an attorney with his former state agency within six months of resignation. Additionally, the former general counsel may contract with his former state agency six months after he resigns his officer position as general counsel.
Categories: Post Employment;
Advisory Opinion 00-59A director in the Department of Education, who also serves as the president-elect for an organization comprised of school administrators, may not accept travel reimbursement from the organization whose members are regulated by the Department of Education.
Categories: Gifts; Travel Expenses
Advisory Opinion 00-61Department of Education employees may not accept travel and hotel accommodations from potential vendor.
Categories: Gifts; Travel Expenses
Advisory Opinion 00-63Transportation engineers may attend a seminar provided by an engineering company at no charge if there is no fee charged other participants to attend.
Categories: Gifts;
Advisory Opinion 00-65A psychiatrist may serve as a forensic psychiatrist in addition to his employment with the Department of Corrections. The psychiatrist should not perform any forensic assessments, however, on any individual he, or anyone under his supervision, has treated as part of his official duties.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 00-67A mortgage company examiner is not prohibited from selling real estate, but he should not have any involvement in seeking loans from mortgage companies or brokers that he is scheduled to examine. Additionally, he should not examine mortgage companies or brokers from whom his private clients are seeking, or have sought, a loan.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 00-69NUMBER VOIDED
Categories: Voided;
Advisory Opinion 00-71NUMBER VOIDED
Categories: Voided;
Advisory Opinion 00-73NUMBER VOIDED
Categories: Voided;
Advisory Opinion Gift Exception No. 2000-01The Commission authorizes an exception to KRS 11A.045(1) allowing employees of the Workforce Development Cabinet who are not employed by the Department for Employment Services to accept gifts from persons or businesses that are regulated by DES, but that are not doing business with, regulated by or attempting to influence the actions of any other department of the Workforce Development Cabinet
Categories: Gifts; Exceptions
expand Issuing Year: 1999
Advisory Opinion 99-01An employee of the Kentucky State Board of Registration for Professional engineers and Land Surveyors may not present continuing education seminars for compensation to land surveyors who are regulated by the Board for which the employee works.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 99-03An inspector employed by the Board of Barbering may not open private barbing school.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 99-05Four employees of the Labor Cabinet may open consulting business and provide services to other state agencies provided they comply with the Model Procurement Code in KRS 45A.340.
Categories: Conflicts of Interest; Outside Employment; Contracts; Self-employment
Advisory Opinion 99-07Employees may not use state equipment or state time for personal benefit.
Categories: Conflicts of Interest;
Advisory Opinion 99-09The general counsel for a regulatory board is prohibited from present continuing classes to land surveyors regulated by the board.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 99-11An agricultural veterinarian employed by the Department of Agriculture may operate a small animal emergency clinic after normal working hours.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 99-13Because of his direct involvement, a director employed by the Department of Education may not accept a position with the National Study of School Evaluation within six months of his termination unless the director is returning to his former profession.
Categories: Post Employment;
Advisory Opinion 99-15The messenger mail system may be used for the delivery of state employee organization newsletters if management determines that such use is a proper use of state resources.
Categories: Conflicts of Interest;
Advisory Opinion 99-17An administrative branch manager may provide assistance from his home and on own time to a postsecondary school formerly under his supervision.
Categories: Conflicts of Interest;
Advisory Opinion 99-19An employee of the Department of Corrections, Division of Probation and Parole, may have outside employment with a 911 Board because there is no business or regulatory relationship between Corrections and the 911 Board.
Categories: Outside Employment;
Advisory Opinion 99-21An individual must register as an executive agency lobbyist if he is lobbying an executive agency decision that will benefit him or his business.
Categories: Executive Agency Lobbying;
Advisory Opinion 99-23A director may not accept a trip to a transportation research center from a vendor or potential vendor of his state agency.
Categories: Gifts;
Advisory Opinion 99-25An employee may volunteer to provide private legal services provided the employee does not use his official position to benefit himself privately.
Categories: Conflicts of Interest;
Advisory Opinion 99-27A conflict of interest will not exist for an employee if his outside employment involves interviewing persons charged with criminal offenses who were investigated or prosecuted by the state agency for which the employee works provided the employee abstains from involvement as part of his official duty with any person so investigated.
Categories: Outside Employment;
Advisory Opinion 99-29A director may not provide training, at a university for compensation, when he is required to provide such training as a part of his official duty.
Categories: Outside Employment;
Advisory Opinion 99-31A forest ranger may begin a wildlife consulting business provided he has no direct involvement as a part of his official duty with the private landowners for which he wishes to provide the service.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 99-33Upon his retirement, a pharmacy technician may accept employment with a pharmacist who holds a contract with the state agency for which the pharmacy technician formerly worked.
Categories: Post Employment;
Advisory Opinion 99-35The son of the Governor may develop and market a software package to state universities and county school boards provided the Governor refrains from any involvement in his son’s business and from influencing universities or school boards regarding the software package.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 99-37Photographers, writers and artists for the Department of Fish &amp; Wildlife Resources may have outside employment provided they are not compensated privately for providing information or services to the public when it is a part of their official duties to provide such information or services.
Categories: Outside Employment;
Advisory Opinion 99-39A chief hearing officer may immediately represent a client before the hearings branch provided the client had no matters before the hearings branch during the past three years.
Categories: Post Employment;
Advisory Opinion 99-41The departments within the Workforce Development Cabinet are not considered separate state agencies for purposes of the Executive Branch Code of Ethics.
Categories: Conflicts of Interest;
Advisory Opinion 99-43An employee may serve in the Statewide Independent Living Council provided such service does not conflict with the employee&#39;s offical duty.
Categories: Conflicts of Interest;
Advisory Opinion 99-45The Director of the Victims Advocacy Division may remain as a volunteer board member for a local children&#39;s advocacy center provided she remove herself, as a part of her offical duty, from any matters involving children&#39;s advocacy centers.
Categories: Conflicts of Interest;
Advisory Opinion 99-47Advisory Opinion 99-40 is upheld because the Public Advocacy Commission’s mission and responsibilities appear to be intertwined with the Department for Public Advocacy.
Categories: Jurisdiction;
Advisory Opinion 99-49A director may privately employ contract workers employed by the agency for which he works, provided he does not use his official position to give himself an advantage. Contract workers employed by the state to work on special projects, who are not hired through a P-1 employment document, are not considered public servants.
Categories: Conflicts of Interest; Jurisdiction;
Advisory Opinion 99-51University employees on loan to a partnership must register as executive agency lobbyists when attempting to influence decisions on behalf of the partnership. Board members and employees of a partnership must register as executive agency lobbyists if attempting to influence decisions regardless as to whether they are paid by the partnership or the company employing the partnership.
Categories: Executive Agency Lobbying;
Advisory Opinion 99-53An employee of the Kentucky Heritage Council may accept a grant from the Renaissance Kentucky program because the employee has no involvement, as part of his official duty, in matters pertaining to the Kentucky Renaissance program or in approval of plans for the improvement of his property.
Categories: Conflicts of Interest;
expand Issuing Year: 1998
Advisory Opinion 98-01A state highway engineer&#39;s son may solicit employment from firms which do business with the Transportation Cabinet as long as the state engineer refrains from contact regarding his son&#39;s employment and abstains from any involvement regarding his son&#39;s employer.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 98-03An employee may accept a part-time position as a mediator as long as the position does not conflict with the employee&#39;s official duty.
Categories: Outside Employment;
Advisory Opinion 98-05A Finance and Administration employee may provide traffic related services for a firm that does business with his former employer, the Transportation Cabinet, since it does not appear that his current official duties involve any matters related to the traffic design work he is seeking.
Categories: Outside Employment;
Advisory Opinion 98-07An employee may not accept a television set won in a random drawing from an association that represents vendors that do business with the state agency for which the employee works because the drawing was limited to state employees and members of the donors industry.
Categories: Gifts;
Advisory Opinion 98-09Staff members of a local Department of Social Services office may serve as facilitators for a local truancy program if their official duties do not involve matter which may conflict with the truancy program.
Categories: Outside Employment;
Advisory Opinion 98-11An employee of a Property Valuation Administrator&#39;s office may work as a real estate associate if his official duty does not involve the valuation of property or access to information not freely available to the general public.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 98-13State official may write endorsement letter for nonprofit organization to use in its fundraising activities provided the letter is not sent to entities doing business with or regulated by an agency of state government under the jurisdiction of the state official.
Categories: Conflicts of Interest;
Advisory Opinion 98-15A decision as to whether employees may use state time and equipment to host a baby shower should be left to the discretion of management, provided state time and equipment are not misused.
Categories: Conflicts of Interest;
Advisory Opinion 98-17An employee may begin a consulting business for utilities, within limitations, immediately upon her resignation form the Public Service Commission.
Categories: Post Employment;
Advisory Opinion 98-19A university employee may assume the position of Commissioner of the Department for Medicaid Services provided he remove himself from all matters which pose a conflict of interest for him.
Categories: Conflicts of Interest;
Advisory Opinion 98-21An employee should not instruct co-workers to perform personal errands on state time.
Categories: Conflicts of Interest;
Advisory Opinion 98-23A welfare fraud supervisor may accept a part-time position as the executive director of the Kentucky Association of Chiefs of Police, but he must refrain from certain solicitation.
Categories: Outside Employment; Solicitation/Fundraising;
Advisory Opinion 98-25A deputy commissioner may accept employment, within limitations, with a company that recently purchased a company with which the employee has had direct involvement as a part of his official duty.
Categories: Post Employment;
Advisory Opinion 98-27An employee&#39;s private business involving electronically filing of medical claims for physicians to insurance carriers does not present a conflict of interest with his official position as a caseworker specialist with the Cabinet for Families and Children.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 98-29An employee may own and operate two private businesses provided the businesses are not regulated by or doing business with the agency for which the employee works.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 98-31Internal policies will help general counsel avoid a perceived conflict of interest.
Categories: Conflicts of Interest;
Advisory Opinion 98-33An assistant attorney general, as a non-merit employee, may file to run for a seat on the Court of Appeals, provided he does not use his influence or official position to create advantages or privileges for himself and provided he does not use state time or equipment for his campaign.
Categories: Conflicts of Interest;
Advisory Opinion 98-35Neither a state park manager, nor any employees under his supervision, may refer customers to rental property owned by the park manager or his spouse.
Categories: Conflicts of Interest;
Advisory Opinion 98-37An executive secretary to the executive director of the Kentucky Racing Commission may not seek outside employment at Keeneland racetrack.
Categories: Outside Employment;
Advisory Opinion 98-39An employee may not lease land through a competitive bid process from the state agency for which he works.Amended by 00-29 issued June 23, 2000.
Categories: Conflicts of Interest;
Advisory Opinion 98-41A former Commissioner may contract with Eastern Kentucky University upon her retirement although she had direct involvement with the university during the last three years of her state employment.
Categories: Post Employment;
Advisory Opinion 98-43A principal assistant may accept a post-employment position as executive director of the Kentucky Disabilities Coalition if he is not directly involved in matters of the Kentucky Disabilities Coalition as part of his official duty.
Categories: Post Employment;
Advisory Opinion 98-45An employee may rent a room to an employee of a company with which the employee&#39;s agency holds a contract to perform imaging and data conversion.
Categories: Conflicts of Interest; Contracts
Advisory Opinion 98-47A secretary employed by the Department of Mines and Minerals may accept dinner and gifts from a coal company by which her spouse is employed.
Categories: Gifts;
expand Issuing Year: 1997
Advisory Opinion 97-02Divesture of stock with a value which exceeds $10,000 is not required of an officer of a Cabinet if the officer has not direct involvement in any matters concerning the company of which he owns an interest.
Categories: Conflicts of Interest;
Advisory Opinion 97-04An employee may start a business monitoring indoor air quality and performing environmental consultations for entities which are not doing business with or regulated by the state agency for which the employee works.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 97-06An employee should not provide private mental health services to probated/paroled offenders if such offenders are referred by the state agency for which the employee works or if the employee has been involved in the treatment of the offender as part of his official duty.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 97-08A former officer who is returning to his former profession may accept employment as executive vice-president of a workers&#39; compensation program provided, for six months, he refrains from working on any matters in which he was directly involved during the last three years of his state employment.
Categories: Post Employment;
Advisory Opinion 97-10Because assistant commonwealth attorneys are not subject to the requirements of the Executive Branch Code of Ethics, they may lease facilities to the Commonwealth of Kentucky.
Categories: Conflicts of Interest;
Advisory Opinion 97-12Employee responsible for authorizing entitlement payments to area day-care centers may not retain current position and also enroll children who receive entitlement benefits in day-care center which employee owns.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 97-14Property Valuation Administrators must comply with the Executive Branch Code of Ethics and may not have the option to comply with a local code of ethics instead.
Categories: Jurisdiction;
Advisory Opinion 97-16State psychologist may accept part-time employment as psychological consultant with company as long as he is not involved in any matters concerning the company or a business in competition with the company.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 97-18A branch manager&#39;s mother may represent a company that sells products to agency gift shop provided the branch manager refrains from any involvement concerning purchases from the company.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 97-20A forester may provide arboricultural services for a city as long as he has no involvement with the city as part of his official duty.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 97-22A Cabinet Secretary in a position responsible for the administration of funding of various health care organizations should not serve on the board of directors of a United Way agency.
Categories: Conflicts of Interest;
Advisory Opinion 97-24An employee may accept reimbursement for time and travel expense from a university that contracts with the employee&#39;s agency because the contract is one for which there is no competition, and it is a collaborative effort between the state agency and the university.
Categories: Gifts; Travel Expenses
Advisory Opinion 97-26A general counsel of regulatory agency may not provide continuing professional education if such training is sponsored or approved by the agency for which the general counsel works and the training will be provided to individuals licensed by his agency. A board member is not under the jurisdiction of the Commission, and thus may provide continuing professional education to individuals regulated by the Board on which he serves. However, such action may damage public confidence in the independence the agency.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 97-28A state agency may accept incentive items offered by videotape manufacturer if such items are a part of the purchase agreement.
Categories: Solicitation/Fundraising;
expand Issuing Year: 1996
Advisory Opinion 96-01Non-profit corporation, of which employee is a member of the board of directors, may apply for and receive state grants as long as the grant funds are not used to benefit the farm owned by the state employee.
Categories: Conflicts of Interest;
Advisory Opinion 96-03The spouse of a state employee may hold a personal service contract with a state agency if the funds used to pay the spouse are received through an entitlement program.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 96-05Cabinet Secretary may sit on the board of directors of a state bank where the cabinet does not have any regulatory or business relationships with the bank.
Categories: Conflicts of Interest;
Advisory Opinion 96-07Former employee&#39;s licensed family care home may accept referrals from the agency for which employee formerly worked because the home had no matters in which the employee was directly involved.
Categories: Post Employment;
Advisory Opinion 96-09Employee must recuse himself from informal penalty assessment discussion conferences requested by coal companies if such conferences involve clients of a law firm whose members are customers of employee&#39;s private business.
Categories: Conflicts of Interest;
Advisory Opinion 96-11An employee may accept meals and travel expenses from nonprofit organizations as long as the organizations are not regulated by or seeking funds from the agency for which the employee works.
Categories: Gifts; Meals; Travel Expenses
Advisory Opinion 96-13Employees may write history for organization which provides funds to non-profit support group of agency for which the employees work.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 96-15Executive Director of health-related state agency may seek employment in the insurance industry or with a voluntary health insurance purchasing cooperative if state position is terminated, but must still comply with the post-employment restrictions in KRS Chapter 11A.
Categories: Post Employment;
Advisory Opinion 96-17The employment of a state employee&#39;s fiance or spouse by a company which is regulated by the division for which the employee works may create a conflict of interest unless the employee abstains from decisions relating to that company.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 96-19A gift shop owned in part by an employee&#39;s mother may sell products to agency gift shops as long as the employee is not involved in decisions concerning the gift shops.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 96-21A land conservation fund which is administered by a board comprised, in part, of members from various state agencies may not accept corporate donations to help promote the sale of environmental license plates from companies which are regulated by the agencies represented on the board which administers the fund.
Categories: Solicitation/Fundraising;
Advisory Opinion 96-23An employee may volunteer as a treasurer of a state association of community arts agencies as long as such service does not conflict with his position in state government.
Categories: Conflicts of Interest;
Advisory Opinion 96-25An employee who owns a small percentage of stock in a surgery center may serve as director for the division which intervenes in insurance rate cases, but should consider the effect on public confidence when appearing before any state agencies.
Categories: Conflicts of Interest;
Advisory Opinion 96-27A state official may apply for certification as a minority business enterprise as long as he takes no action which would lead the public to believe that he used his office to obtain an advantage over the general public.
Categories: Conflicts of Interest;
Advisory Opinion 96-29Employee is not prohibited from selling account of life&#39;s experiences which includes participation in a self-help group as part of the employee&#39;s official duty with the state.
Categories: Conflicts of Interest;
Advisory Opinion 96-31An employee should not recommend a consultant to provide training to an outside company if the employee has received compensation from or is employed privately by the consultant or a competitor of the consultant. A state agency should implement an in-house policy to prohibit its employees from receiving a monetary incentive which may be awarded through an educational program in which they may be involved as part of their official duty.
Categories: Conflicts of Interest;
Advisory Opinion 96-33A Cabinet Secretary should not accept honoraria for the performance of his official duty even it such honoraria will be donated to the Commonwealth.
Categories: Gifts; Honoraria
Advisory Opinion 96-35A former officer may accept employment with a non-profit entity which holds a contract with the state agency for which he worked if he is returning to the same business or profession in which he was involved prior to his tenure with state government and he personally refrains, for six months, from working on any matter in which he was directly involved.
Categories: Post Employment;
Advisory Opinion 96-37A conflict of interest, or the appearance of one, exists when a General Counsel for a state agency represents a client in court against another state agency.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 96-39A design engineer may not subcontract to provide work for a project with a roadway contractor who holds a contract for the project with the state agency for which the design engineer works. A design engineer may provide consulting engineering services for local governments as long as he is not involved in discussions or decisions concerning the local governments as part of his official duty.
Categories: Conflicts of Interest; Contracts
Advisory Opinion 96-41An employee may not rent a car for state purposes to be paid with state funds from an entity owned by the employee&#39;s father.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 96-43A director within the cabinet responsible for air quality may accept employment with a local air pollution control district, but must refrain for one year from lobbying on any matter and from representing the local air pollution control district before the division which he currently directs.
Categories: Post Employment;
Advisory Opinion 96-45Corporate sponsor may not be sought to underwrite the cost of a special license plate to benefit the Child Victims&#39; Trust Fund if the sponsor is doing business with or regulated by the state agency which produces the plates.
Categories: Solicitation/Fundraising;
Advisory Opinion 96-49A state employee may, on his own time, train individuals for the carrying of a concealed weapon provided the state agency for which he works is not responsible for regulating or enforcing the laws pertaining to the carrying of a concealed weapon, and as long as the employee is not monitored by an official of his own state agency.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 96-51The Adjutant General may not accept complimentary Kentucky Derby tickets from Churchill Downs.
Categories: Gifts; Sporting Events
Advisory Opinion 96-53An employee may accept a position as director over a division which regulates the bank where his spouse is employed as long as the employee is not involved in any matters concerning the bank for which his spouse works.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 96-55An employee involved in the review of applications for permits which are prepared by environmental engineering firms, should not hold outside employment with an environmental engineering firm. An employee is not prohibited from providing landfill surveying services for a city because the city does not seek permits from the divisions for which the employee works. The employee should not represent his private business before the division for which he works.
Categories: Conflicts of Interest; Outside Employment; Self-employment
expand Issuing Year: 1995
Advisory Opinion 95-02Employee may own interest in company which provides drug and alcohol screening services provided the company has no contracts or agreements with any state agencies, and the agency for which the employee works does not seek the services of a company which provides similar services.
Categories: Conflicts of Interest;
Advisory Opinion 95-04Executive Branch agencies, for purposes of KRS Chapter 11A, are defined as those agencies listed in the Legislative Research Commission’s Informational Bulletin No. 171, The Executive Branch of Kentucky State Government.
Categories: Jurisdiction;
Advisory Opinion 95-06Employee’s spouse may do business with entities which are regulated by the agency for which the employee works provided the employee is not directly involved in the regulation of such entities.
Categories: Conflicts of Interest;
Advisory Opinion 95-08Employee may purchase sporting event tickets from vendor provided such tickets are available to the public, and the amount paid for the tickets is substantially the same as the market value of the tickets.
Categories: Gifts; Sporting Events
Advisory Opinion 95-10This opinion addresses questions related to the post-employment of a cabinet secretary. A cabinet secretary should not apply for a state certification prior to leaving his state position. As agency head, a cabinet secretary is directly involved in all matters of the cabinet.
Categories: Conflicts of Interest; Post Employment;
Advisory Opinion 95-12State employee may not accept the exclusive use of golf clubs from a golf supplier which sells products to the state agency for which the employee works.
Categories: Gifts;
Advisory Opinion 95-14This opinion number has been voided.
Categories: Voided;
Advisory Opinion 95-16Employee may accept travel expense payment from a state university which holds a contract with the employee’s agency because the contract is one of necessity and not one for which any competition exists.
Categories: Gifts;
Advisory Opinion 95-18Officer relieved of duties prior to termination of employment is subject to post-employment restrictions upon date of termination.
Categories: Post Employment;
Advisory Opinion 95-20This opinion number has been voided.
Categories: Voided;
Advisory Opinion 95-22An employee should not solicit or accept food or other items from entities which are regulated by the agency for which the employee works, even for charitable purposes.
Categories: Solicitation/Fundraising;
Advisory Opinion 95-24It is not a violation of the code of ethics for an agency to contract with the employer of a member of the agency’s board of directors.
Categories: Conflicts of Interest;
Advisory Opinion 95-26If approval has not been obtained from the Commission, it is a violation of the code of ethics for a local board of education to subsidize the salary of an area technology principal who supervises instructors paid by the local school board.
Categories: Conflicts of Interest;
Advisory Opinion 95-28This opinion number has been voided.
Categories: Voided;
Advisory Opinion 95-30This opinion number has been voided.
Categories: Voided;
Advisory Opinion 95-32NUMBER VOIDED
Categories: Voided;
Advisory Opinion 95-34Day-care center owned by employee may enroll children who receive child care benefits from agency for which employee works provided the employee&#39;s position involves no responsibility for day-care centers.
Categories: Conflicts of Interest; Outside Employment; Contracts; Self-employment
Advisory Opinion 95-36NUMBER VOIDED
Categories: Voided;
Advisory Opinion 95-38In order to avoid the appearance of a conflict of interest, mine inspector should not contract with coal company for surface mining on his property.
Categories: Conflicts of Interest; Contracts
Advisory Opinion 95-40Employees of a state agency are prohibited from having an agreement to provide interpreting services for another state agency. However, employees may seek such a solution to this problem through &quot;dual employment&quot; regulated through 101 KAR 2:095.
Categories: Conflicts of Interest; Outside Employment; Contracts; Self-employment
Advisory Opinion 95-42State employee may receive specialized telecommunications equipment under state distribution program as long as not involved in decisions concerning the distribution of telecommunication devices for the deaf.
Categories: Gifts;
Advisory Opinion 95-44An employee should not associate part-time psychology practice with an individual who receives referrals for psychological evaluations or psychotherapy from social workers whom the employee advises in his state position.
Categories: Conflicts of Interest; Outside Employment; Self-employment
expand Issuing Year: 1994
Advisory Opinion 94-01Private conference staff who are also state employees should not solicit funds from persons or businesses regulated by or doing business with the state agency for which the employee works.
Categories: Solicitation/Fundraising;
Advisory Opinion 94-03This opinion REVERSES the conclusion of Advisory Opinion 93-48 based on new information received. Employee who works for the branch which approves continuing education courses may not continue to offer continuing education courses to x-ray technologists.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 94-05Employee is prohibited, for six months, from accepting employment with a company which contracts with the agency for which the employee works to provide assistance on a project in which the employee has been directly involved.
Categories: Post Employment;
Advisory Opinion 94-07This opinion number has been voided.
Categories: Voided;
Advisory Opinion 94-10Employee may accept position as therapist but must refrain, for six months, from working on matters in which the employee was directly involved during state employment.
Categories: Post Employment;
Advisory Opinion 94-12State employees may be employed at comprehensive care centers, provided such employees take no part in contract negotiations between their state agency and the comprehensive care centers.
Categories: Outside Employment;
Advisory Opinion 94-14An employee may accept compensation for jury duty service in addition to paid leave time.
Categories: Conflicts of Interest; Outside Employment;
Advisory Opinion 94-16State employee may serve on state commission as long as employee is not employed by agency to which commission is attached.
Categories: Conflicts of Interest;
Advisory Opinion 94-18A state employee may accept outside employment with a private environmental engineering firm as long as the firm and the client to whom the employee will provide services are not regulated by or doing business with the department for which the employee works.
Categories: Outside Employment;
Advisory Opinion 94-20Executive branch employee may be hired by the Legislative Research Commission to interpret for legislative session.
Categories: Conflicts of Interest; Outside Employment;
Advisory Opinion 94-22Prior to the effective date of the house bill amending the post-employment provisions of the code of ethics, an employee may not accept a position with private contractor immediately upon retirement.
Categories: Post Employment;
Advisory Opinion 94-24An attorney employed by an executive branch agency may not contract with a state agency to handle criminal appeals.
Categories: Conflicts of Interest; Outside Employment; Contracts; Self-employment
Advisory Opinion 94-26A property valuation administrator may conduct auctions for the master commissioner of his county as long as such activity does not interfere or conflict with his duties as a property valuation administrator.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 94-28Employee at a state correctional facility may accept, immediately upon resignation, employment with a correctional corporation with which he had no direct involvement as a state employee.
Categories: Post Employment;
Advisory Opinion 94-30The president of a state-related credit union may resign his classified position and immediately be employed directly by the credit union.
Categories: Post Employment;
Advisory Opinion 94-32Employee who is returning to his former profession may accept position as environmental engineer as long as position will not involve, for six months, matters in which the employee was directly involved in state position.
Categories: Post Employment;
Advisory Opinion 94-34Building codes inspector should not solicit goods and services for nonprofit entity from those regulated by or doing business with the inspector’s agency.
Categories: Solicitation/Fundraising;
Advisory Opinion 94-36Members of a state corporation appointed by the governor who serve on a part-time basis and receive no compensation for their services are not subject to the code of ethics unless they also serve as state employees.
Categories: Jurisdiction;
Advisory Opinion 94-38A constitutional officeholder is not prohibited from using his state title when endorsing or soliciting on behalf of a nonprofit organization; however, the officeholder should not use official stationery and the state agency he supervises must not do business with or regulate the non-profit agency.
Categories: Solicitation/Fundraising;
Advisory Opinion 94-40An employee’s child may accept a scholarship funded by a company which is regulated by the agency for which the employee works as long as the employee abstains from any involvement in decisions relating to the company.
Categories: Conflicts of Interest;
Advisory Opinion 94-42State engineer may provide services to engineering companies, development companies, other states, and counties and cities as long as the entity does not do business with and is not regulated by the agency for which the employee works.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 94-44Day-care center owned by employee may not enroll children who are recipients of child care benefits from the agency for which the employee works.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 94-46A former officer and the company for which he currently works must refrain for six months form working on any matter in which the former officer was involved during his state employment. The officer may work on agency projects for his new employer if the officer had no involvement with either the projects or the firm during the officer&#39;s state employment.
Categories: Post Employment;
Advisory Opinion 94-48State plumbing inspectors may be hired by another state agency to teach classes on their own time as long as they obtain the necessary approvals.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 94-50A state employee should not solicit sponsors or accept donations for charity fund raisers from entities which do business with or are regulated by the agency for which the employee works.
Categories: Solicitation/Fundraising;
Advisory Opinion 94-52Employee may serve as an expert witness on own time and receive payment for services if no conflict of interest exists.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 94-54This opinion answers a series of questions concerning the state agency responsible for regulating state financial institutions.
Categories: Conflicts of Interest; Post Employment;
Advisory Opinion 94-56A state employee is not prohibited, immediate upon retirement, from accepting employment with a state university.
Categories: Post Employment;
Advisory Opinion 94-58State agency may not market products and services to entities which it regulates, but may provide information to entities at cost.
Categories: Conflicts of Interest;
Advisory Opinion 94-60An employee may serve on a state commission as long as the employee is employed by state agency other than the state commission to which he seeks appointment and such service does not interfere or conflict with the employee’s state employment duties.
Categories: Conflicts of Interest;
Advisory Opinion 94-62Employee may not have agreement with another state agency to provide services to clients.
Categories: Conflicts of Interest; Outside Employment; Contracts; Self-employment
Advisory Opinion 94-64This opinion was REPLACED BY Advisory Opinion 95-15.
Categories: Voided;
Advisory Opinion 94-66This opinion number has been voided.
Categories: Voided;
Advisory Opinion 94-68Employee ownership of a temporary placement agency does not present a conflict of interest provided the employee’s agency does not accept students who are enrolled at the technical school where the employee works.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 94-7NUMBER VOIDED
Categories: Voided;
Advisory Opinion 94-71Employee should refrain from involvement in any matter concerning organization for which parents are employed.
Categories: Conflicts of Interest; Family Members
expand Issuing Year: 1993
Advisory Opinion 93-01A former commissioner for the Cabinet for Human Resources is prohibited for six months from accepting compensation from associations whose members contract with or do business with the state in matters in which he had direct involvement as a public servant.
Categories: Post Employment;
Advisory Opinion 93-03This opinion number has been voided.
Categories: Voided;
Advisory Opinion 93-05This opinion number has been voided.
Categories: Voided;
Advisory Opinion 93-07Commonwealth and County Attorneys are not subject to the provisions of KRS Chapter 11A.
Categories: Jurisdiction;
Advisory Opinion 93-09A university employee employed by a state agency through a memorandum of agreement may not represent the university at an informal conference or formal hearing before the state agency.
Categories: Conflicts of Interest;
Advisory Opinion 93-11Advisory Opinion 93-11 - AMENDED BY ADVIDSORY OPINION 00-54: A former employee who conducted audits of county officials as part of his official duty may not, for six months, providing bookkeeping assistance to the same county officials.
Categories: Post Employment;
Advisory Opinion 93-13This opinion was replaced by Advisory Opinion 93-80.
Categories: Voided;
Advisory Opinion 93-15Advisory Opinion 93-15:A merit employee is legally prohibited from selling any products from a business which he owns to any state agency or to the Commonwealth as a whole.
Categories: Conflicts of Interest; Outside Employment; Contracts; Self-employment
Advisory Opinion 93-17A former employee&#39;s acceptance of employment with a charitable organization does not present a conflict of interest because the employee had no direct involvement in matters concerning the charitable organization as a part of his official duty.
Categories: Post Employment;
Advisory Opinion 93-19An employee should not receive outside compensation for participation in a seminar of which the subject matter appears to be the same as that handled regularly in the employee&#39;s state job.
Categories: Gifts; Honoraria
Advisory Opinion 93-21An employee should not prepare a grievance on state time (while on duty), using office equipment and supplies.
Categories: Conflicts of Interest;
Advisory Opinion 93-23Transportation Cabinet employees may not accept an all expense paid two-day tour of a private company&#39;s transportation safety center that does business with the Cabinet.
Categories: Gifts; Travel Expenses
Advisory Opinion 93-25A cabinet secretary may attend a forum sponsored by a state vendor but should pay any fee charged those in attendance.
Categories: Conflicts of Interest; Gifts; Contracts
Advisory Opinion 93-27A cabinet secretary may participate in a charitable golf tournament at the invitation of a city organization.
Categories: Conflicts of Interest; Gifts;
Advisory Opinion 93-29An employee must wait six months, upon her resignation form state employment, before accepting employment with a community mental health and mental retardation board with which she had direct involvement as an employee.
Categories: Post Employment;
Advisory Opinion 93-31A secretary of a cabinet should not receive additional compensation for services which are a part of his official duty.
Categories: Conflicts of Interest;
Advisory Opinion 93-33An agency head is prohibited for one year from representing persons or businesses before his former agency because, as agency head, he is directly involved in all matters regarding the agency. In addition, for six months he is prohibited from accepting compensation or other economic benefit from any person or business that contracts or does business with his former agency.
Categories: Post Employment;
Advisory Opinion 93-35An agency should not accept food and refreshments, or sponsorship of receptions, from private corporations who are potential vendors and are affected by the tax laws over which the agency has control.
Categories: Gifts; Meals
Advisory Opinion 93-37An elected official should not serve on the board of a private corporation if a real or perceived conflict of interest would exist because of such service.
Categories: Conflicts of Interest;
Advisory Opinion 93-39Temporary employees are considered public servants, and thus may not influence a public agency in derogation of the state at large by also serving as an lobbyist.
Categories: Executive Agency Lobbying; Jurisdiction;
Advisory Opinion 93-41Someone who is marketing goods or services to the state as a vendor would normally be considered an executive agency lobbyist. However, only those who act on a regular and substantial basis of attempting to influence decisions of over $5,000 per decision must register. If registered as an executive agency lobbyist, all expenditures made on behalf of an official must be reported even if made on behalf of an official the lobbyist is not trying to influence. Property valuation administrators and their deputies are considered executive branch employees.
Categories: Executive Agency Lobbying; Jurisdiction;
Advisory Opinion 93-43General knowledge gained through state employment does not prohibit a former state employee from opening a day-care center and entering into agreements to provide child care through the state-operated &quot;purchase of care&quot; program.
Categories: Post Employment;
Advisory Opinion 93-45The appearance of a conflict of interest prohibits a state agency from soliciting donations from companies over which the agency has some regulatory control.
Categories: Solicitation/Fundraising;
Advisory Opinion 93-47Post-employment restrictions in KRS 11A apply to all former executive branch employees regardless of level of responsibility.
Categories: Post Employment;
Advisory Opinion 93-49Employee is not prohibited from accepting meals and lodging from an association comprised of national, state and local agencies similar to the employee’s while performing duties relative to the board of education.
Categories: Gifts; Travel Expenses
Advisory Opinion 93-51This opinion number has been voided.
Categories: Voided;
Advisory Opinion 93-53Unless specifically listed in the code of ethics, part-time board and commission members paid on a per diem basis are not public servants and thus, are not subject to the provisions of the code of ethics.
Categories: Jurisdiction;
Advisory Opinion 93-55Design engineers and right-of-way agents involved in state negotiations are not considered executive agency lobbyists if their employment does not involve attempting to influence executive agency decisions as one of its main purposes.
Categories: Executive Agency Lobbying;
Advisory Opinion 93-57Employee may not accept position as controller of hospital for six months after leaving state job because it would be impossible for controller not to be involved in reports which employee audited during state employment.
Categories: Post Employment;
Advisory Opinion 93-59Employee may continue part-time employment because outside employer holds no contracts with and receives no funds, other than entitlement funds, from the state agency for which the employee works.
Categories: Outside Employment;
Advisory Opinion 93-61A former state employee may represent claimants immediately before his state agency as long as the persons represented by the former employee did not have claims pending before the state agency during the former employee’s tenure.
Categories: Post Employment;
Advisory Opinion 93-63An employee is not prohibited from operating a private business on his own time as long as a clear separation between his official duties and private activities is maintained. The employee should not solicit private business during state-paid work hours, use client lists compiled as a result of his state employment, advertise his private business at his work site, or use his work site for operation of his private business.
Categories: Conflicts of Interest; Outside Employment; Self-employment
Advisory Opinion 93-65A state employee’s spouse who is also an executive agency lobbyist is not required to report gifts or financial transactions made to or with the state employee. A lobbyist who makes an expenditure on behalf of or a financial transaction with a close personal friend who is also a state employee must report the expenditure or financial transaction.
Categories: Executive Agency Lobbying;
Advisory Opinion 93-67A department commissioner should not introduce his brother-in-law, who is a stockbroker, to officials of the state responsible for investing state funds.
Categories: Conflicts of Interest; Family Members
Advisory Opinion 93-69A state employee traveling to a demonstration on behalf of an agency may accept travel costs from that agency’s vendor within limitations listed in the opinion.
Categories: Gifts; Travel Expenses
Advisory Opinion 93-71Physicians who contract with the state to provide services on a limited basis are not public servants as defined by KRS Chapter 11A, and thus are not subject to the code of ethics.
Categories: Jurisdiction;
Advisory Opinion 93-73A broker of a securities firm should register as executive agency lobbyist if contacting state agencies and attempting to influence decisions as to whether to issue bonds and as to what fees will be paid. A broker who executes only stock and bond transactions as order by a state investment officer is not required to register as an executive agency lobbyist unless he attempts to influence state investment decisions.
Categories: Executive Agency Lobbying;
Advisory Opinion 93-75Appointed board members and employees of a political subdivision are not considered executive agency lobbyists. However, those persons who are engaged to represent the political subdivision, such as independent CPAs and outside general counsel, are not considered employees and must register as executive agency lobbyists.
Categories: Executive Agency Lobbying;
Advisory Opinion 93-77An employee of a political subdivision’s convention and visitors’ bureau is not considered an executive agency lobbyist.
Categories: Executive Agency Lobbying;
Advisory Opinion 93-79This opinion addresses a series of questions concerning executive agency lobbying as it applies to architectural and engineering services.
Categories: Executive Agency Lobbying;
Advisory Opinion 93-81An executive branch employee, spouse, or dependent child should not accept travel expenses, meals, alcoholic beverages, lodging, honoraria, or other gifts from any person or business that does business with or is regulated by the state agency in which the employee works or from any group or association which has as its primary purpose the representation of such persons or businesses. A list of exceptions to this prohibition is provided in the opinion.
Categories: Gifts; Honoraria; Meals; Travel Expenses
Advisory Opinion 93-83Employee is not prohibited from hiring spouse as interpreter if no other qualified person applies.
Categories: Conflicts of Interest; Gifts; Family Members; Meals
Advisory Opinion 93-85Insurance and other health-care agents who, through contacts with executive branch officials, are attempting to influence the outcome of an agreement to provide state insurance benefits must register as executive agency lobbyists.
Categories: Executive Agency Lobbying;
Advisory Opinion 93-87A former state employee returning to his former profession may be pre-qualified by a cabinet for services for projects as long as he was not directly involved in those projects during his state employment. He must refrain for six months from working in any matter, in his new employment, in which he was directly involved during his state employment. However, he is not prohibited from immediately holding a personal service contract in his own name concerning matters in which he was directly involved during his tenure with the state.
Categories: Post Employment;
Advisory Opinion 93-89For six months former employee’s business should not do business with the state in matters in which the employee was directly involved during his state tenure.
Categories: Post Employment;
Advisory Opinion 93-91Attorneys who contract with an agency to provide services on a limited basis are not considered executive branch employees and thus are not subject to the code of ethics.
Categories: Jurisdiction;
expand Issuing Year: 1992
Advisory Opinion 92-01Members of the Child Care Advisory Committee are not under the jurisdiction of the Commission, but the Commission nevertheless provides advice concerning the award of contracts which are financed with funds for the Child Care Development Block Grant to members of the Committee.
Categories: Jurisdiction;
Advisory Opinion 92-03An employee of the Workforce Development Cabinet is prohibited from purchasing property from the Transportation Cabinet upon which his house has encroached.
Categories: Conflicts of Interest; Contracts
Advisory Opinion 92-05An employee who left his position prior to the effective date of Senate Bill 63, which enacted the Executive Branch Code of Ethics, is still subject its to post-employment restrictions.
Categories: Post Employment;
Advisory Opinion 92-07Although a former board member&#39;s service ended before the effective date of the Executive Branch Code of Ethics, he is still subject to post-employment restrictions on his actions until one-year after his separation from the board, although he may immediately represent clients in legal matters before his former agency provided such representation does not pertain to matters in which he was directly involved as a public servant.
Categories: Post Employment;
Advisory Opinion 92-09Department attorneys may immediately represent clients in legal matters before their former agency provided for one year after leaving employment such representation does not pertain to matters in which they were directly involved public servants.
Categories: Post Employment;
Advisory Opinion 92-11A branch manager is not prohibited from employment as a consultant for an out of state law firm.
Categories: Outside Employment;