Kentucky: Executive Branch Ethics Commission - Advisory Opinions 1996

Contact Information

John R. Steffen, Executive Director
Executive Branch Ethics Commission
Vest-Lindsey House
401 Wapping Street
Frankfort KY 40602
(502) 564-7954

Email: John.Steffen@ky.gov

Advisory Opinions

Summaries of 1999- 1998 - 1997 - 1996

These summaries are designed to provide examples of decisions of actual inquiries of the Commission. Key points may have been deleted in the interest of brevity.

Note: For the full text version of Advisory Opinions, please click on the specific opinion name.

1999

Advisory Opinion 99-1: An 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.
Advisory Opinion 99-2: The Cabinet for Families and Children may co-sponsor Vision 2000 meetings with community partners, within limitations.
Advisory Opinion 99-3: An inspector employed by the Board of Barbering may not open private barbing school.
Advisory Opinion 99-4: Employees of the Office of the State Treasurer may participate in a public auction held by their agency.
Advisory Opinion 99-5: Four 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.
Advisory Opinion 99-6: A state employee's spouse's representation of a book company before local school boards presents a conflict of interest for employee if spouse is representing the company before schools that the employee assists in matters of instructions and curriculum.
Advisory Opinion 99-7: Employees may not use state equipment or state time for personal benefit.
Advisory Opinion 99-8: A conflict of interest exists for the Board of Medical Licensure to be staffed by employees who are paid by the Kentucky Medical Association.
Advisory Opinion 99-9: The general counsel for a regulatory board is prohibited from present continuing classes to land surveyors regulated by the board.
Advisory Opinion 99-10: The name of the Lieutenant Governor may be included in solicitation letters sent for the annual conference of an organization that promotes the interests of the Office of the Lieutenant Governor.
Advisory Opinion 99-11: An agricultural veterinarian employed by the Department of Agriculture may operate a small animal emergency clinic after normal working hours.
Advisory Opinion 99-12: Members of the Kentucky Statewide Independent Living Council are not subject to the Executive Branch Code of Ethics. Employees of the Department of Vocational Rehabilitation may seek position as executive director of the Kentucky Statewide Independent Living Council.
Advisory Opinion 99-13: Because 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.
Advisory Opinion 99-14: Employees may accept prize from Kentucky Derby Festival organization because the prize is based solely on skill and is open to other than state employees.
Advisory Opinion 99-15: The 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.
Advisory Opinion 99-16: This opinion number has been voided.
Advisory Opinion 99-17: An administrative branch manager may provide assistance from his home and on own time to a postsecondary school formerly under his supervision.
Advisory Opinion 99-18: Within six months of leaving state government, a former director may provide consulting work for a subcontractor of a company that contracts with the state agency for which he worked because the work for the subcontractor is not related to the contractor's work for the state agency and also because the subcontractor does not have a contract with the state agency for which the director formerly worked.
Advisory Opinion 99-19: An 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.
Advisory Opinion 99-20: A newspaper of which an agency head owns an interest may not sell an advertisement to the agency which the employee heads.
Advisory Opinion 99-21: An individual must register as an executive agency lobbyist if he is lobbying an executive agency decision that will benefit him or his business.
Advisory Opinion 99-22: An employee may serve on the board of a private entity that receives funding from the state agency for which the employee works provided the employee has no involvement with the private entity as a part of his official duty.
Advisory Opinion 99-23: A director may not accept a trip to a transportation research center from a vendor or potential vendor of his state agency.
Advisory Opinion 99-24: An employee may use state resources to inquire regarding rights and responsibilities pursuant to the Americans with Disabilities Act. However, an employee may not use state time and equipment to pursue a grievance.
Advisory Opinion 99-25: An employee may volunteer to provide private legal services provided the employee does not use his official position to benefit himself privately.
Advisory Opinion 99-26: A Medicaid employee should not include in the credits of a book he has written that he is employed by the Department for Medicaid Services. The employee may serve as a consultant for individuals regarding Medicaid issues provided it is not part of his official duty to provide such information.
Advisory Opinion 99-27: A 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.
Advisory Opinion 99-28: A hearing officer should not be involved, as part of his official duty, in any matters involving his father’s law firm.
Advisory Opinion 99-29: A 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.
Advisory Opinion 99-30: A conflict of interest does not exist for an employee whose spouse owns more than a $10,000 interest in a bank that is regulated by the division over which the employee is the director provided the employee refrains from involvement in matters pertaining to the bank.
Advisory Opinion 99-31: A 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.
Advisory Opinion 99-32: A state trooper is not prohibited from holding part-time employment as an assistant commonwealth or assistant county attorney in addition to his state employment.
Advisory Opinion 99-33: Upon 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.
Advisory Opinion 99-34: Because employees will not be involved in soliciting individuals outside of their state agency, an employee association may use raffles and fundraisers as a way to pay for retirement gifts.
Advisory Opinion 99-35: The 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.
Advisory Opinion 99-36: The Department for Criminal Justice Training may participate in fundraising to erect a memorial in honor of those officers who have died in the line of duty provided the employees of the Department do not solicit persons or businesses that do business with the Department.
Advisory Opinion 99-37: Photographers, writers and artists for the Department of Fish & 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.
Advisory Opinion 99-38: The Executive Director of the Kentucky Wood Products Competitiveness Corporation is not required to register as an executive agency lobbyist because he is an employee of a political subdivision of the Commonwealth.
Advisory Opinion 99-39: A 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.
Advisory Opinion 99-40: A member of the Public Advocacy Commission, who also contracts privately with the Department for Public Advocacy, is not subject to the Executive Branch Code of Ethics, and thus may vote on the budget of the Department. However, such action may damage public confidence in the integrity of the Department. Additionally, legislation is proposed to prohibit board and commission members from contracting with the Board or Commission on which they serve.
Advisory Opinion 99-41: The departments within the Workforce Development Cabinet are not considered separate state agencies for purposes of the Executive Branch Code of Ethics.
Advisory Opinion 99-42: An employee may continue outside employment as director of a nurse's aide training program, provided the employee is not involved in monitoring or auditing businesses which may be in competition with the outside employer and provided the employee's co-workers are not involved in the audit or monitoring of the outside employer.
Advisory Opinion 99-43: An employee may serve in the Statewide Independent Living Council provided such service does not conflict with the employee's offical duty.
Advisory Opinion 99-44: A nurse employed in a state health care facility may accept outside employment with a private college that will involve clinical instruction at the facility where she is employed by the state, provided she has no involvement as part of her offical duties for the health care facility in negotiating the agreement with the college and provided she does not represent the college before the state health care facility regarding the agreement. The private college recieves no remuneration from the state health care facility.
Advisory Opinion 99-45: The Director of the Victims Advocacy Division may remain as a volunteer board member for a local children's advocacy center provided she remove herself, as a part of her offical duty, from any matters involving children's advocacy centers.
Advisory Opinion 99-46: A former administrator for the Commission on Fire Protection Personnel Standards and Education may lobby legislators on matters involving the reorganization of the Commission, provided he is not compensated in any way.
Advisory Opinion 99-47: Advisory Opinion 99-40 is upheld because the Public Advocacy Commission’s mission and responsibilities appear to be intertwined with the Department for Public Advocacy.
Advisory Opinion 99-48: A former employee may accept employment as a consultant for a non-profit corporation to which he provided services as a state employee, but, for one year, may not represent the corporation before his former state agency in matters in which he had direct involvement.
Advisory Opinion 99-49: A 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.
Advisory Opinion 99-50: Employees may use the electronic mail system to request sick leave donations if such action is within management policy. Agencies should implement in-house policies to allow reasonable requests, but prevent the abuse of the system.
Advisory Opinion 99-51: University 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.
Advisory Opinion 99-52: Family members of the Kentucky Commission on the Deaf and Hard of Hearing may be included in the agency program that makes referrals of interpreters for state agencies, provided the employees do not use their positions to create an advantage or financial gain for family members.
Advisory Opinion 99-53: An 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.
Advisory Opinion 99-54: An employee of the Governor’ Office for Technology may accept outside employment with local clerk’s office.

1998

Advisory Opinion 98-1: A state highway engineer'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's employment and abstains from any involvement regarding his son's employer.
Advisory Opinion 98-2: The assignment of a training specialist to work for a private company, as part of his official duty, is a management decision and does not appear to violate the Executive Branch Code of Ethics.
Advisory Opinion 98-3: An employee may accept a part-time position as a mediator as long as the position does not conflict with the employee's official duty.
Advisory Opinion 98-4: An employee may share a home party book with fellow employees during break or lunchtime.
Advisory Opinion 98-5: A 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.
Advisory Opinion 98-6: Electronic mail may be used to respond to questions from school children and teachers if management determines that such use of electronic mail is a proper use of state resources.
Advisory Opinion 98-7: An 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.
Advisory Opinion 98-8: An employee may sell pre-paid legal services on his own time provided he does not solicit individuals who do business with or are regulated by the Department of Education.
Advisory Opinion 98-9: Staff 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.
Advisory Opinion 98-10: A director, immediately upon retirement, his may accept employment with a CPA firm with which he was directly involved as part of his official duties because he is returning to his former profession.
Advisory Opinion 98-11: An employee of a Property Valuation Administrator'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.
Advisory Opinion 98-12: An interpreter for the hearing impaired may use his skills as an outside employment opportunity within limitations.
Advisory Opinion 98-13: State 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.
Advisory Opinion 98-14: Approval by the Executive Branch Ethics Commission is not required for self-employment; however, an employee should ascertain that no conflict exists between his official duties and potential clients.
Advisory Opinion 98-15: A 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.
Advisory Opinion 98-16: A potential employee's private consulting business will create a conflict of interest with his official position.
Advisory Opinion 98-17: An employee may begin a consulting business for utilities, within limitations, immediately upon her resignation form the Public Service Commission.
Advisory Opinion 98-18: A Transportation Cabinet employee may not purchase a farm that adjoins his property and through which a new road designed by the Transportation Cabinet will be located.
Advisory Opinion 98-19: A 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.
Advisory Opinion 98-20: An employee may not serve on a labor council because the employee's official position requires him to make recommendations in disputes between labor and management.
Advisory Opinion 98-21: An employee should not instruct co-workers to perform personal errands on state time.
Advisory Opinion 98-22: The Kentucky Higher Education Student Loan Corporation may develop an internal code of ethics for its employees and board members; however, employees also are subject to the Executive Branch Code of Ethics.
Advisory Opinion 98-23: A 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.
Advisory Opinion 98-24: A Fish and Wildlife employee may provide consulting services for an environmental consulting firm provided his services do not fulfill part of a contract with the employee's state agency.
Advisory Opinion 98-25: A 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.
Advisory Opinion 98-26: A hearing officer employed by the Cabinet for Health Services may serve as a member of the Brain Injury Trust Fund Board, but must recuse himself, as part of his official duty, from any matter involving the Board or its actions which may be subject to appeal or hearings.
Advisory Opinion 98-27: An employee'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.
Advisory Opinion 98-28: Tangible gifts include that those items that can be touched. Items that are not tangible include monetary gifts, agreements to pay, forgiveness of debt, reimbursement for expenses, lodging, honoraria, and tickets to events.
Advisory Opinion 98-29: An 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.
Advisory Opinion 98-30: Transportation Cabinet employees may not solicit companies that own trucks that are regulated by the Cabinet.
Advisory Opinion 98-31: Internal policies will help general counsel avoid a perceived conflict of interest.
Advisory Opinion 98-32: A Labor Cabinet employee may own a private safety and health consulting business and provide services for companies that do not manufacture products in Kentucky.
Advisory Opinion 98-33: An 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.
Advisory Opinion 98-34: An employee is not prohibited from volunteering for a local sheriff's office provided he has no involvement in his state position concerning the sheriff's office.
Advisory Opinion 98-35: Neither a state park manager, nor any employees under his supervision, may refer customers to rental property owned by the park manager or his spouse.
Advisory Opinion 98-36: A state attorney may volunteer as a trial commissioner as long as the attorney does not use his influence to benefit himself privately.
Advisory Opinion 98-37: An executive secretary to the executive director of the Kentucky Racing Commission may not seek outside employment at Keeneland racetrack.
Advisory Opinion 98-38: The Master Logger Program, administered by the Natural Resources and Environmental Cabinet, may not accept donations solicited by the University of Kentucky and the Kentucky Forest Industries Association if the donations are from persons or entities that will be regulated by the Master Logger Program.
Advisory Opinion 98-39: An 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.
Advisory Opinion 98-40: An employee's former employer may pay attorney's fees for litigation resulting from former employment if the employee's agency does not regulate or do business with the former employer.
Advisory Opinion 98-41: A 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.
Advisory Opinion 98-42: Substitute teachers in the Department of Technical Education are not considered public servants under the jurisdiction of the Executive Branch Code of Ethics.
Advisory Opinion 98-43: A 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.
Advisory Opinion 98-44: An employee of the Office of the Attorney General may accept a gift from a senior vice president of a bank if the Office of the Attorney General is not currently regulating the bank, and the bank is not attempting to influence the actions of the Office of the Attorney General.
Advisory Opinion 98-45: An employee may rent a room to an employee of a company with which the employee's agency holds a contract to perform imaging and data conversion.
Advisory Opinion 98-46: The Executive Branch Ethics Commission does not have the authority to exempt individuals from the statutory requirements of KRS 210.110.
Advisory Opinion 98-47: A secretary employed by the Department of Mines and Minerals may accept dinner and gifts from a coal company by which her spouse is employed.

1997

Advisory Opinion 97-1: This opinion number has been voided.
Advisory Opinion 97-2: Divesture 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.
Advisory Opinion 97-3: An attorney employed by a state agency may not privately represent clients in workers compensation cases against industries which are regulated by the state agency for which the employee works or against another state agency.
Advisory Opinion 97-4: An 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.
Advisory Opinion 97-5: A state highway safety program may accept corporate donations provided the corporation is not regulated by or doing business with the state agency through which the program is administered.
Advisory Opinion 97-6: An 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.
Advisory Opinion 97-7: An employee may serve as a member of a speaker's bureau, but should not discuss, during state time, his employment with the bureau, and should not serve as a speaker at the state park where he is employed.
Advisory Opinion 97-8: A former officer who is returning to his former profession may accept employment as executive vice-president of a workers' 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.
Advisory Opinion 97-9: If an employee is not involved in vendor selection or regulation of outside entities, he may, through mailings only, solicit for advertisements for golf league score cards. However, if an employee is involved in vendor selection or regulation of an outside entities, he should not solicit advertisements from such persons or entities which are not regulated by or doing business with the agency for which he works.
Advisory Opinion 97-10: Because 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.
Advisory Opinion 97-11: The "state agency" for which an employee works is the state agency by which his appointing authority is employed unless the agency is attached for administrative purposes only or the agency's characteristics are distinct from the appointing authority.
Advisory Opinion 97-12: Employee 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.
Advisory Opinion 97-13: Client of employee's private accounting business who is also approved as a Medicaid provider does not present a conflict of interest for employee as long as employee is not involved in the audit or review of the client. Medicaid auditor may remain a school board member even if school board becomes a Medicaid provider and submits claims for payment, as long as employee is not involved in reviews or audits of the school board.
Advisory Opinion 97-14: Property 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.
Advisory Opinion 97-15: Inspector may hold part-time position as a solid-waste coordinator with county government which is regulated by the employee' agency because neither the employee, nor his co-workers, have any involvement in the regulation of the county government. However, the employee must obtain approval by the Commission, pursuant to KRS 11A.040(9) and 9 KAR 1:050.
Advisory Opinion 97-16: State 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.
Advisory Opinion 97-17: An employee of the Cabinet for Families and Children may teach parenting classes for circuit court as long as he abstains from any official involvement concerning the participants of class.
Advisory Opinion 97-18: A branch manager'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.
Advisory Opinion 97-19: An employee designated by the Board of Registration for Professional Engineers and Land Surveyors as an engineer-in-training before his state employment is considered to be returning to former profession if he accepts post-employment with an engineering firm upon his retirement.
Advisory Opinion 97-20: A forester may provide arboricultural services for a city as long as he has no involvement with the city as part of his official duty.
Advisory Opinion 97-21: An employee may remain a board member for a nonprofit organization that contracts with the agency audited by the employee's agency.
Advisory Opinion 97-22: A 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.
Advisory Opinion 97-23: A general counsel should not represent an individual as counsel of record if he will be required to appear before a state agency. Additionally, he should not be involved in litigation involving matters concerning the state agency for which he works, and he should not have as clients or receive compensation from individuals who are licensed by the state agency for which he works.
Advisory Opinion 97-24: An employee may accept reimbursement for time and travel expense from a university that contracts with the employee'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.
Advisory Opinion 97-25: An executive secretary of regulatory board may not serve as legislative contact for private association if such contacts will require registration as a lobbyist.
Advisory Opinion 97-26: A 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.
Advisory Opinion 97-27: Employees may not market products to entities outside the Commonwealth of Kentucky if involved in marketing to or reviewing the work of entities with which they may be in competition privately.
Advisory Opinion 97-28: A state agency may accept incentive items offered by videotape manufacturer if such items are a part of the purchase agreement.
Advisory Opinion 97-29: A director may not accept honorarium and donate it to a charitable organization if it is part of the director's official duty to speak at the educational program for which the honorarium was received.

1996

Advisory Opinion 96-1: Non-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.
Advisory Opinion 96-2: An employee involved in the regulation of health care facilities may accept a part-time teaching position with a private college which involves conducting on-site tours and clinical rotations at a state hospital.
Advisory Opinion 96-3: The 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.
Advisory Opinion 96-4: An employee may perform sewage plant discharge analyses for businesses regulated by the agency for which the employee works as long as, as a part of the employee's official duties, he is not involved in any agency decisions or discussions with respect to his outside employer and he receives approval from the Executive Branch Ethics Commission for such outside employment, pursuant to 9 KAR 1:050.
Advisory Opinion 96-5: Cabinet 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.
Advisory Opinion 96-6: Adjutant General may serve on the board of directors of an airport board.
Advisory Opinion 96-7: Former employee'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.
Advisory Opinion 96-8: A former Secretary of the Governor's Executive Cabinet may not represent a hospital in a "certificate of need" matter if such representation involves communication with or an appearance before the Health Policy Board.
Advisory Opinion 96-9: Employee 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's private business.
Advisory Opinion 96-10: Employee may operate a private business which supervises visitation between non-custodial parents and their children provided referrals by the court to his private business do not involve persons under the supervision of the division for which he works.
Advisory Opinion 96-11: An 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.
Advisory Opinion 96-12: This opinion provides guidance on solicitation and other matters related to state agency employees involved in the hosting of an annual meeting for a professional organization related to their employment.
Advisory Opinion 96-13: Employees may write history for organization which provides funds to non-profit support group of agency for which the employees work.
Advisory Opinion 96-14: Employee may accept position with corporation with which he was directly involved as part of his official duty because he was not an officer as defined by KRS Chapter 11A and thus was not subject to the post-employment restriction in KRS 11A.040(6).
Advisory Opinion 96-15: Executive 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.
Advisory Opinion 96-16: An employee may provide volunteer service and accept reimbursement for actual expenses from client of state agency for which the employee formerly worked.
Advisory Opinion 96-17: The employment of a state employee'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.
Advisory Opinion 96-18: An auditor involved in the review and audit of coal company assessments may perform consulting work for coal companies doing business outside Kentucky provided the company does not have an interest in property in Kentucky. The employee should not review or be involved in audits of coal companies which are in competition with the company for which the employee wishes to work privately.
Advisory Opinion 96-19: A gift shop owned in part by an employee's mother may sell products to agency gift shops as long as the employee is not involved in decisions concerning the gift shops.
Advisory Opinion 96-20: A department may hire a doctor to provide training even though an employee involved in the procurement rents private office space from the doctor.
Advisory Opinion 96-21: A 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.
Advisory Opinion 96-22: A state agency may not solicit items for charitable purposes from companies with which it holds contracts and over which the state agency has authority to intervene in rate-setting cases.
Advisory Opinion 96-23: An 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.
Advisory Opinion 96-24: A state agency may not accept donations from local businesses for foster care program if the state agency does business with the local merchant.
Advisory Opinion 96-25: An 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.
Advisory Opinion 96-26: An employee involved in procuring the services of a hotel for an official meeting should not accept a certificate for a free night's stay at the hotel. Additionally, if the official has received and used a certificate for a free night's stay he should refrain from involvement in all decisions relating to the hotel.
Advisory Opinion 96-27: A 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.
Advisory Opinion 96-28: An employee may not sell a continuing education program to the agency for which he works.
Advisory Opinion 96-29: Employee is not prohibited from selling account of life's experiences which includes participation in a self-help group as part of the employee's official duty with the state.
Advisory Opinion 96-30: An employee who provided snow removal services for a state agency may not receive compensation for such service, because he is prohibited from having an agreement with a state agency.
Advisory Opinion 96-31: An 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.
Advisory Opinion 96-32: A Cabinet Secretary's ownership of stock, in excess of $10,000, in a company seeking financial incentives from the state agency which the Secretary heads creates a conflict of interest for the Secretary.
Advisory Opinion 96-33: A Cabinet Secretary should not accept honoraria for the performance of his official duty even it such honoraria will be donated to the Commonwealth.
Advisory Opinion 96-34: A Cabinet Secretary may not delegate responsibilities regarding a company of which he owns an interest in order to avoid a conflict of interest, because as agency head he is considered directly involved in all matters of the agency.
Advisory Opinion 96-35: A 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.
Advisory Opinion 96-36: A former manager may accept a position as a sales representative with a company which markets products to state agencies as long as the former manager will not be acting as an executive agency lobbyist.
Advisory Opinion 96-37: A 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.
Advisory Opinion 96-38: An employee should not subcontract with a person or entity which holds a contract with the agency for which the employee works if the employee will be "enjoying" part of the contract.
Advisory Opinion 96-39: A 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.
Advisory Opinion 96-40: A former employee involved as part of his official duty with the audit of a fiscal court may accept employment as treasurer of the fiscal court. However, he should not use his official position to secure the position.
Advisory Opinion 96-41: An employee may not rent a car for state purposes to be paid with state funds from an entity owned by the employee's father.
Advisory Opinion 96-42: A state agency may not accept gratuities from entities which do business with or are regulated by the state agency.
Advisory Opinion 96-43: A 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.
Advisory Opinion 96-44: If an employee desires to hold outside employment with a person or entity which is under the regulatory authority of the agency for which the employee works, the employee must apply for approval of such outside employment as directed by 9 KAR 1:050. A Cabinet is not required to send a confidential listing of entities to be audited to the Commission, if the Cabinet will assume the responsibility for determining whether or not the entity for which the employee seeking approval wishes to work is scheduled to be audited.
Advisory Opinion 96-45: Corporate sponsor may not be sought to underwrite the cost of a special license plate to benefit the Child Victims' Trust Fund if the sponsor is doing business with or regulated by the state agency which produces the plates.
Advisory Opinion 96-46: This opinion number has been voided.
Advisory Opinion 96-47: This opinion number has been voided.
Advisory Opinion 96-48: An applicant for a linked deposit investment loan is required to complete and submit an economic incentive recipient disclosure form. An employee of a state agency granting the investment loan may not apply for the loan through his employing agency.
Advisory Opinion 96-49: A 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.
Advisory Opinion 96-50: A state employee, although a peace officer, is not prohibited from obtaining training and certification to train applicants who wish to obtain a license to carry a concealed weapon. However, the employee is cautioned not to provide training to persons who may be involved in investigations, prosecution or other actions involving the state agency for which the employee works. although he is a peace officer, he is not prohibited from operating his private business within limitations.
Advisory Opinion 96-51: The Adjutant General may not accept complimentary Kentucky Derby tickets from Churchill Downs.
Advisory Opinion 96-52: A state agency with the mission of prevention of child sexual abuse through the financial support of local education and awareness organizations may not accept donations from a broadcasting association with which it contracts to seek air time for its public service announcements.
Advisory Opinion 96-53: An 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.
Advisory Opinion 96-54: A company owned by the brother of two correctional officers may bid on a contract to operate a canteen at the facility where his brothers are employed as long as his brothers are not involved in any discussions, decisions or recommendations concerning the contract to operate the canteen.
Advisory Opinion 96-55: An 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.

Reviewed: 06/03/2008