Advisory Opinions
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.
- Advisory Opinion 03-1: Attorneys employed by the Kentucky Real Estate Commission may be involved in the mediation of cases involving a real estate firm when the attorneys' 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.
- Advisory Opinion 03-2: An employee of the Kentucky Real Estate Commission may date a real estate licensee, but should abstain from any matters involving the licensee.
- Advisory Opinion 03-3: An employee who performs a service that is outsourced to a vendor or "privatized" 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.
- Advisory Opinion 03-4: A former state employee who was not an officer as defined in KRS 11A.010(7) may accept employment with any private organization, even one that does business with the agency for which the employee formerly worked. The former employee is not prohibited from representing a new employer before his former state agency, provided the representation pertains to matters with which the former employee had no involvement during the last three years of his state tenure.
- Advisory Opinion 03-5: An 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.
- Advisory Opinion 03-6: An employee who serves as an interpreter in state employment may serve on a state board that will be responsible for licensure of interpreters for the deaf and hard of hearing, provided the employee abstains from involvement in licensure decisions for himself, specifically, and employees in his department.
- Advisory Opinion 03-7: The 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.
- Advisory Opinion 03-8: Neither the Office of Constituent Services, nor any other function of the Office of the Governor, should send employment recommendations and/or applications to other state agencies based solely on caller's requests. Additionally, the requests of "political contacts" should be handled no differently from any other person that calls for service, regardless of political persuasion.
- Advisory Opinion 03-9: Vehicle 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.
- Advisory Opinion 03-10: A state employee may serve in an appointed position on a city police advisory commission, provided the employee ascertains that there is no conflict with KRS 61.080.
- Advisory Opinion 03-11: An 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.
- Advisory Opinion 03-12: An interpreter relations coordinator for the Kentucky Commission on Deaf and Hard of Hearing may work as a freelance interpreter immediately upon resignation, provided the employee does not use his current position to give himself an advantage in his post-employment activities. A former employee is not prohibited from using general knowledge gained in the interpretation coordination area in any private endeavor, but should not use any specific knowledge that is not available the general public, such as a list of names of interpreters, unless such a list can be obtained elsewhere.
- Advisory Opinion 03-13: Regulatory 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.
- Advisory Opinion 03-14: A board member's service creates a potential conflict with his private employment in light of the fact that the board member works privately for an agency that receives grant funds from the board. However, the board member is not subject to the jurisdiction of the Executive Branch Code of Ethics.
- Advisory Opinion 03-15: The practice of the Racing Commission giving "pins" 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.
- Advisory Opinion 03-16: An employee traveling on state business who is "bumped" from an air flight may accept a ticket for future use from the airline. The ticket is not considered a gift because the employee is being compensated for his inconvenience.
- Advisory Opinion 03-17: This opinion number has been voided.
- Advisory Opinion 03-18: Individuals employed by the Department of Education through Memorandums of Agreement are, in substance, public servants subject to the code of ethics. Such employees may not accept compensation for educational services provided on their own time if it is a part of their official duties to provide such services, but may accept compensation for services provided on their own time if management has determined that it is not part of the employee's official duty to provide the service.
- Advisory Opinion 03-19: A forensic anthropologist employed by the Kentucky State Medical Examiner'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.
- Advisory Opinion 03-20: State agencies may use state funds and equipment for lobbying purposes if such lobbying is supportive of carrying out the statutory mission of the agency.
- Advisory Opinion 03-21: The 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.
- Advisory Opinion 03-22: Vocational rehabilitation counselors may accept a tuition-free course from a sate university because the counselors are not involved in matters directly affecting the university and thus an appearance of impropriety will not be created.
- Advisory Opinion 03-23: A 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.
- Advisory Opinion 03-24: The 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.
- Advisory Opinion 03-25: The 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. - Advisory Opinion 03-26: An employee of the Cabinet for Families and Children may provide services for a regional mental health entity on a contractual basis, provided he has no involvement with the entity as part of his official position.
- Advisory Opinion 03-27: Employees 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.
- Advisory Opinion 03-28: An employee of the Cabinet for Families and Children may retain his outside employment, provided the employee has no involvement, as part of his official duty, with the entity for which he works privately.
- Advisory Opinion 03-29: the 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.
- Advisory Opinion 03-30: The decision as to whether an employee should use personal leave time for his service on a state university board of regents should be left to the discretion of his management, provided it is within Personnel Cabinet policies.
- Advisory Opinion 03-31: An 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.
- Advisory Opinion 03-32: A conflict of interest will exist if individuals who apply for grants from the Justice Cabinet also serve as peer reviewers of grant applications unless the applications they review are from entities with which they do not compete for grant monies.
- Advisory Opinion 03-33: An 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.
- Advisory Opinion 03-34: A state employee may not own more than a 5% interest in a group home that receives referrals through an agreement with his state agency, but may own more than a 5% interest of a group home that receives referrals through an agreement with a state agency other than the state agency for which the employee works, provided he complies with the provisions of KRS 45A.340, the Model Procurement Code.
- Advisory Opinion 03-35: The 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.
- Advisory Opinion 03-36: A state employee may not discuss with management the performance of contractors with whom he holds a private partnership. Additionally, an appearance of impropriety may exist even if the employee abstains from any official involvement regarding the contractors.
- Advisory Opinion 03-37: The 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.
- Advisory Opinion 03-38: A state agency’s procedures for assigning motor pool vehicles to field inspectors does not fall under the jurisdiction of the Executive Branch Code of Ethics, but the Executive Branch Ethics Commission believes the agency should ensure that a policy is in place for assignment of vehicles so that favoritism and impropriety are not created or perceived.
- Advisory Opinion 03-39: Reconsideration 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.
- Advisory Opinion 03-40: A violation of KRS Chapter 11A would exist for an employee if a law firm owned in part by the employee’s spouse contracted with the employee’s agency.
- Advisory Opinion 03-41: A 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.
- Advisory Opinion 03-42: A state agency may allow its name to be used in advertisements for a benefit concert, the proceeds of which will benefit youthful offenders housed by the state agency, because the use of the agency’s name will not give the performer an advantage.
- Advisory Opinion 03-43: A 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.
- Advisory Opinion 03-44: A forensic anthropologist employed by the Sate Medical examiner’s Office may accept an advance from a publisher for writing his memoirs.
- Advisory Opinion 03-45: The post-employment provisions in KRS Chapter 11A do not apply if an employee transfers to another executive branch agency.
- Advisory Opinion 03-46: Relatives of park employees may sell products to a park gift shop, provided the employees abstain from any purchasing discussions, recommendations and decisions.
- Advisory Opinion 03-47: An 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.
- Advisory Opinion 03-48: An employee may accept post-employment with a federal agency which maintains facilities the employee inspects as part of his official duty, provided the employee does not use his current position to give the federal agency an advantage.
- Advisory Opinion 03-49: Individuals 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.
- Advisory Opinion 03-50: Employees
should not be required to provide confidential information to non-employees
who may have private conflicts with an agency if the confidential
information could lead to the furtherance of the non-employee’s
economic interests.
- Advisory Opinion 02-1: A medical director is not prohibited from having outside employment with nursing homes or hospitals in addition to his state employment, provided such employment does not pose a conflicts of interest with his employment for the Eastern Kentucky Veterans Center.
- Advisory Opinion 02-2: The 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.
- Advisory Opinion 02-3: A company employing an individual to perform as a professional services vendor for an agency is not prohibited by the code of ethics from responding to a competitive solicitation that the professional services vendor prepares. However, the Commission recommends that agency management comply with the Model Procurement Code in deciding whether to allow a professional services vendor to be involved in the preparation of competitive solicitations to which the company employing him may respond.
- Advisory Opinion 02-4: An 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.
- Advisory Opinion 02-5: An employee of the Department for Technical Education may not accept travel expenses to attend an advisory council meeting sponsored by an organization that does business with the Department.
- Advisory Opinion 02-6: State 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.
- Advisory Opinion 02-7: A former public servant may represent a local governmental agency before the state in a matter in which he had been directly involved because the local government is not a person or business as defined by the ethics code.
- Advisory Opinion 02-8: Pharmaceutical 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.
- Advisory Opinion 02-9: A contract physicians group that provides the only primary care physician services to a state correctional institution may refer inmate patients to the closest local hospital where the same physicians group is the sole emergency physician provider, however an appearance of a conflict may exist.
- Advisory Opinion 02-10: A staff member of the Council on Postsecondary Education should not be involved in matters involving Kentucky State University’s "program of distinction", 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.
- Advisory Opinion 02-11: Employees of the Kentucky Community and Technical College System who serve as instructors at prisons through a contract with the Department of Corrections are not employees of the Department and thus are not subject to the Executive Branch Code of Ethics. Employees of the Department of Corrections may not work part-time during off-duty hours for the Kentucky Community and Technical College System as instructors at prisons since they would be "enjoying" a part of a contract between the Department and the Kentucky Community and Technical College System.
- Advisory Opinion 02-12: The 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.
- Advisory Opinion 02-13: An education consultant employed by the Kentucky Board of Nursing may not accept employment with a college or university whose baccalaureate nursing program is regulated by the Kentucky Board of Nursing, even though the employee will be teaching in the post-licensure or graduate program.
- Advisory Opinion 02-14: An 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.
- Advisory Opinion 02-15: A state agency may not write a letter of support for an entity seeking grant monies, but a state official may do so personally if the letter will not be sent to persons or businesses regulated by, doing business with, or seeking to influence the official’s state agency. A state agency may write a letter in support of establishing a Court Appointed Special Advocate Program in the county where the local state agency office is located.
- Advisory Opinion 02-16: A 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.
- Advisory Opinion 02-17: A state employee may not teach mine-safety classes for coal companies off-site and at times other than normal working hours if it is part of the employees official duty to provide such training.
- Advisory Opinion 02-18: The 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.
- Advisory Opinion 02-19: An employee of the Cabinet for Economic Development may not owns more that a 5% interest in a company that has receives or will receive economic incentives from the Cabinet.
- Advisory Opinion 02-20: A 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.
- Advisory Opinion 02-21: A state agency may have a partnership with a private company for promotion or endorsement of a program if the promotion will benefit the entire Commonwealth and it will be open to any entity wishing to partner with the state. A state agency is not prohibited from soliciting donations for state-sponsored programs provided the agency does not regulate or do business with entities solicited, but the employees acting as representatives of their agencies should take great care not to reflect that they are endorsing or promoting a specific product or company. State agencies generally should not co-sponsor ads with corporations or provide links to private web sites on a state agency’s homepage. State agencies should not actively endorse or promote specific products or companies when no corresponding public benefit to the Commonwealth or to the state’s economic development will occur.
- Advisory Opinion 02-22: A 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.
- Advisory Opinion 02-23: A state employee may not provide typing services for a sex offender evaluation provider who is approved by the sate board for which the employee serves as secretary.
- Advisory Opinion 02-24: A 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 "state Officer" or a "deputy state officer."
- Advisory Opinion 02-25: A state employee may accept outside employment with a business that is registered to lobby the executive branch agency where the employee is employed, but an appearance of a conflict may exist even if the employee has no involvement in decision-making responsibilities for the agency.
- Advisory Opinion 02-26: An 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.
- Advisory Opinion 02-27: A former director of the Division of Pupil Transportation may not accept employment, within six-months of his termination, with a school bus company if the director had direct involvement with the school bus company, or with a local school district under the Division’s regulatory control regarding the school bus company, as a part of his official duties. The former director may accept employment, immediately upon termination, with a local school district.
- Advisory Opinion 02-28: The 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.
- Advisory Opinion 02-29: Members of the Kentucky Arts Council are not public servants subject to the executive branch code of ethics. However, to avoid any public perception of impropriety, an individual serving on the Arts Council who also serves as an artist in residence should abstain from any Arts Council action involving the "artist in residence" program. The Council member should also be aware that an appearance of impropriety might exist.
- Advisory Opinion 02-30: The 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.
- Advisory Opinion 02-31: This opinion number has been voided.
- Advisory Opinion 02-32: An 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.
- Advisory Opinion 02-33: The Department of Fish and Wildlife Resources may partner with various private companies in the promotion of activities, events and programs beneficial to the agency and the Commonwealth, and may reflect such a partnership through a plaque or marker, but may not actively endorse the private entity. Entities solicited by the Department should have no business or regulatory relationship with the Department, and should not be seeking to influence the Department in any way.
- Advisory Opinion 02-34: The 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.
- Advisory Opinion 02-35: The General Counsel for the Kentucky Real Estate Commission may not teach a pre-license course for the Jefferson County Adult Education program because approval by the Real Estate Commission is required to provide the class.
- Advisory Opinion 02-36: The 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.
- Advisory Opinion 02-37: A newly appointed member of he Kentucky Board of Education may not provide a professional development session for the Southeast South Central Co-op, the agreement which was made prior to the member's appointment to the Board, unless severing the agreement will result in an undue burden.
- Advisory Opinion 02-38: Although 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.
- Advisory Opinion 02-39: An employee should not solicit manufacturers of computer equipment for demonstration equipment to be used at a professional organization’s annual conference when the manufacturer indirectly seeks to do business with the employee’s agency. The state agency is not prohibited from purchasing discounted computer equipment offered as a result of being used as demonstration equipment, provided the discount is available to any customer that wishes to purchase the equipment.
- Advisory Opinion 02-40: An 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.
- Advisory Opinion 02-41: The administrator and/or executive director of the Kentucky Board of Respiratory Care may not serve as a lobbyist or in any policy-making position for a national or state professional organization. Additionally, the Board of Respiratory Care’s administrator and/or its executive director should not work as a respiratory therapist in Kentucky.
- Advisory Opinion 02-42: A 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.
- Advisory Opinion 02-43: A state social worker is not prohibited from providing custody evaluations for a family court, but the social worker’s appointing authority should consider the potential for conflict before approving such self-employment.
- Advisory Opinion 02-44: The 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.
- Advisory Opinion 02-45: The state budget director also may serve as the interim president of the University of Louisville, provided his service does not conflict with his state employment duties. He should abstain from involvement in state budgetary matters involving the University and should give strong consideration to abstaining from involvement in state budgetary matters for other state-funded universities. Additionally, he should not appear before the Office of State Budget on behalf of the University, nor should her testify before any public agency on behalf of the University.
- Advisory Opinion 02-46: A 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.
- Advisory Opinion 02-47: A state agency may not allow a private dermatology practice to have a booth at the agency’s human resources fair to perform skin screenings for cancerous or pre-cancerous conditions unless the booth space is available for any practice that wishes to provide such a service.
- Advisory Opinion 02-48: The 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.
- Advisory Opinion 02-49: An employee should abstain from any involvement in the monitoring and regulation of a DUI program for which the employee’s brother provides classes, and the employee should disclose such abstention in writing.
- Advisory Opinion 02-50: A 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.
- Advisory Opinion 02-51: A state employee may represent an internet research company and make sales calls on state agencies, provided the employee owns less than 5% of the company, provided he does not represent the company before the state agency for which he works, and provided he does not use or attempt to use his official position to give himself financial gain or an advantage.
- Advisory Opinion 02-52: The 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.
- Advisory Opinion 02-53: The Administrator for the Board of Barbering may not be employed by a barbershop or a barber school.
- Advisory Opinion 02-54: A 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.
- Advisory Opinion 02-55: A state employee may not accept a door prize from an exhibitor at an event not open the general public unless the door prize has a value of less than $25.
- Advisory Opinion 02-56: A 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.
- Advisory Opinion 02-57: An employe who is employed through a contract with a comprehensive care program also may serve as the Deputy Commissioner for the Department for Medicaid Services, provided the employee has no involvement in matters relating to the comprehensive care program as part of his official duties.
- Advisory Opinion 02-58: A 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.
- Advisory Opinion 02-59: A greens superintendent may be compensated for preparation time for a golf course maintenance course taught at the state park, but if the course instruction is considered a part of the employee’s official duties, the compensation should be provided to the employee by the park.
- Advisory Opinion 02-60: State colleges, state universities, and political subdivisions are not considered "persons" or "businesses" as defined by the Executive Branch Code of Ethics.
- Advisory Opinion 01-1: For 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.
- Advisory Opinion 01-2: Because an article written by an employee of Kentucky Educational Television for a trade publication reflects that it is promoting the sale and use of a product, Kentucky Education Television should not allow the company that produces the product to distribute the article to its customers and at trade shows. Kentucky Educational Television should not reflect that it is promoting or advertising a specific company through the use of the article. Additionally, if an employee writes an article for publication endorsing a product, he should not identify his title or the name of the state agency for which he works.
- Advisory Opinion 01-3: The 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.
- Advisory Opinion 01-4: A deputy state fire marshal is not prohibited from serving a the fire chief of a local fire department provided the positions are compatible pursuant to KRS 61.080.
- Advisory Opinion 01-05: This Number Voided
- Advisory Opinion 01-6: An employee of the Economic Development Cabinet may market an alliance building program similar to one he helped develop for Kentucky to companies located outside of Kentucky provided the companies have no locations in Kentucky.
- Advisory Opinion 01-7: An 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.
- Advisory Opinion 01-8: A conflict of interest will not exist for a mine inspector if his spouse has an agreement with a coal company provided the mine inspector has no involvement with the coal company as part of his official duty.
- Advisory Opinion 01-9: A former deputy commissioner for the Department of Medicaid Services may serve as a consultant for the Department.
- Advisory Opinion 01-10: Because state regulations require the Department of Housing, Buildings, and Construction use examinations of a specific vendor, employees may accept travel expense reimbursement for service as board or committee member from the entity the agency is required to contract with for the purpose of administering the examinations. This opinion reverses Advisory Opinion 00-52
- Advisory Opinion 01-11: This 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.
- Advisory Opinion 01-12: A conflict of interest will not exist if an employee of the Department of Corrections accepts outside employment as a deputy jailer with a detention center because the employee has no involvement with the Department’s decisions concerning the detention center.
- Advisory Opinion 01-13: Members 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.
- Advisory Opinion 01-14: Employees private business of repairing and selling computers creates a conflict in light of the employee’s official duties involving procurement.
- Advisory Opinion 01-15: An 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.
- Advisory Opinion 01-16: A facility within the Health Services Cabinet may employ the services of a psychologist who is employed full-time by another executive branch agency; however, the psychologist must recuse himself from approving behavior plans of the facility’s residents.
- Advisory Opinion 01-17: A 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.
- Advisory Opinion 01-18: An agency may give game prizes, such as gift certificates, attachés, and t-shirts to its employees for participation in a contest if such expenditures are allowable by the Finance and Administration Cabinet. Such prizes are not considered additional compensation for performance of one’s official duties.
- Advisory Opinion 01-19: Kentucky 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.
- Advisory Opinion 01-20: A Department of Education employee may not accept transportation, lodging, and certain entertainment expenses from a vendor to certain local school districts for "flex" account services that wishes to recognize the employee.
- Advisory Opinion 01-21: An employee of the Department of Corrections may not place candy machines in the workplace in order to raise money for charity.
- Advisory Opinion 01-22: An employee of the Council on Postsecondary Education may serve on the board of trustees of a private college, provided the employee is not involved in the licensing of the institution and provided the institution does not participate in programs under the employee’s supervision.
- Advisory Opinion 01-23: The 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.
- Advisory Opinion 01-24: An assignment of an Unemployment Insurance Commission Appeals Referee to conduct hearings for the Appeals Branch of the Division of Unemployment Insurance does not create a conflict of interest under KRS Chapter 11A, provided the Unemployment Insurance Commission Appeals referee does not review the hearings he conducts.
- Advisory Opinion 01-25: Employee organizations may provide lunch and gratuities to state employees in a non-work area of a state office building.
- Advisory Opinion 01-26: A state-employed physician may accept gifts of only up to a value of $25 from a pharmaceutical company if the pharmaceutical company is regulated by, lobbying or attempting to influence the actions of the executive branch state agency employing the physician.
- Advisory Opinion 01-27: A 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.
- Advisory Opinion 01-28: This opinion number has been voided.
- Advisory Opinion 01-29: The 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.
- Advisory Opinion 01-30: (Reconsideration of Advisory Opinion 01-30) Although an actual conflict may not exist, the law prohibits the Executive Director of a Board from accepting travel expense reimbursement from an association which purpose is to represent individuals regulated by the Board. Thus, the Commission upholds its original opinion.
- Advisory Opinion 01-31: Commissioner may send letter to other state officials encouraging them to donate surplus computer equipment to nonprofit organization.
- Advisory Opinion 01-32: The Director of Boards and Commission’s spouse may be affiliated with a real estate firm owned, in part, by a Real Estate Commission member, provided the Director abstains from involvement in the appointment of the Real Estate Commission member.
- Advisory Opinion 01-33: The Executive Director of the Capital Plaza Operations may serve on the local tourism and convention commission.
- Advisory Opinion 01-34: A driver license examiner employed by the Kentucky State Police may teach a driver education program for a community college, provided he is compensated by the community college and the compensation is not based on the number of students taking the class.
- Advisory Opinion 01-35: A 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.
- Advisory Opinion 01-36: A health program administrator may provide private supervision for certified social workers, but in order to avoid an appearance of a conflict, should abstain from involvement in site reviews of facilities that employ certified social workers the employee is supervising privately.
- Advisory Opinion 01-37: A former Commissioner of Medicaid may represent a university before the legislature and executive branch.
- Advisory Opinion 01-38: Employees of the Public Service Commission may not accept service from AT&T during a testing phase unless a fair value is paid for the service.
- Advisory Opinion 01-39: A 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.
- Advisory Opinion 01-40: A deputy commissioner may be employed as an on-line instructor fore the University of Phoenix because the University has no business or regulatory relationship with the Cabinet that could cause a conflict for the deputy commissioner.
- Advisory Opinion 01-41: An 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.
- Advisory Opinion 01-42: A Revenue Cabinet employee may teach a Geographic Information System class at the University of Kentucky if it is not part of the employee’s official duty to provide such a class.
- Advisory Opinion 01-43: An 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.
- Advisory Opinion 01-44: The Old Fort Harrod State Park gift shop may purchase items from a local non-profit organization for resale, even if one of the Park’s gift shop employees’ mother is a member of the non-profit group, as long as the employee is not involved with purchasing decisions.
- Advisory Opinion 00-1: A state park golf professional may privately repair golf clubs for park customers, but he may not refer park customers to himself.
- Advisory Opinion 00-2: NUMBER VOIDED
- Advisory Opinion 00-3: An 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.
- Advisory Opinion 00-4: A former principal assistant may return to his former profession as a tax representative and real estate appraiser in appeals of the assessed valuation of parcels of land provided, as part of his official duty, he had no direct involvement with the either the assessment or appeal of the specific parcel of land, and the appeal does not involve subsidized housing matters involving companies with which he was directly involved.
- Advisory Opinion 00-5: A 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.
- Advisory Opinion 00-6: An engineer may accept employment with a contractor of his agency immediately upon his resignation; however he should not discuss any future employment options with the contractor while at the same time he is involved in matters regarding the contractor as a part of his official duties. Additionally, for one year he should not represent the contractor before his former state agency in matters in which he was directly involved.
- Advisory Opinion 00-7: 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.
- Advisory Opinion 00-8: An offender rehabilitation specialist with the Department of Corrections, Division of Mental Health may be self-employed as a sex offender counselor for juvenile and adult offenders as long as his clients are not clients that he or anyone under his official supervision would assess or treat.
- Advisory Opinion 00-9: An 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.
- Advisory Opinion 00-10: An employee of Oakwood may house former residents provided he has no involvement with the residents as part of his official duty for Oakwood. Additionally, neither the employee, nor anyone under his supervision, should refer residents of Oakwood to the employee’s residence for living arrangements.
- Advisory Opinion 00-11: Upon 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.
- Advisory Opinion 00-12: The spouse of a deputy cabinet secretary may be appointed to a major management position in an agency with the cabinet provided the deputy cabinet secretary has no involvement in the appointment of an applicant to the position and abstains from all matters regarding the state agency by which the spouse is employed.
- Advisory Opinion 00-13: The Office of the Attorney General may use teddy bears to help facilitate a children’s health care charity program.
- Advisory Opinion 00-14: A company co-owned by the spouse of a chief district engineer may not subcontract with or perform services for a company that has an agreement with the Transportation Cabinet if such service will fulfill part of the agreement.
- Advisory Opinion 00-15: 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.
- Advisory Opinion 00-16: A new employee may not retain stock with a value of over $10,000 if the stock is in a company that he will regulate as a part of his official duty.
- Advisory Opinion 00-17: Kentucky 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.
- Advisory Opinion 00-18: Kentucky State Police should not allow a motor company to use its insignia for promotional purposes. Kentucky State Police may allow a private organization of retired police officers to arrange for sponsorship of a dinner at an annual conference provided employees are not involved in the solicitation or record-keeping. Additionally, if the dinner is sponsored by a vendor, employees are prohibited from accepting the meal, unless it is included as part of a registration fee, or unless the employee is a speaker or panel participant.
- Advisory Opinion 00-19: A 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.
- Advisory Opinion 00-20: An employee may own stock or other interest in an entity that is regulated by the employee’s state agency as long as such interest is less than 5%, the interest is purchased through a mutual fund or the employee has no direct involvement with matters concerning the entity of which he owns an interest. Additionally, an employee may own stock or other interest in an entity that does business with the employee’s state agency provided the interest is less than 5%, or it is purchased through a mutual fund.
- Advisory Opinion 00-21: An 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.
- Advisory Opinion 00-22: An employee of a correctional facility may not contract with a correctional facility to provide services as a ventriloquist for the Department by which he is employed, even though he will be paid through the inmate canteen fund.
- Advisory Opinion 00-23: The 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.
- Advisory Opinion 00-24: The Attorney General may include a statement reflecting his views on consumer scams in a book written by an investigative reporter, provided such a statement does not reflect that the Attorney General is promoting the sale of the book.
- Advisory Opinion 00-25: Because an employee of the Department of Housing, Buildings & 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.
- Advisory Opinion 00-26: An employee of the Department of Corrections is not prohibited from providing consulting services for a company that provides dental services for the agency by which he is employed; however, an appearance of a conflict of interest may still remain.
- Advisory Opinion 00-27: A 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.
- Advisory Opinion 00-28: An employee should not represent private clients against the Cabinet for Families and Children in an administrative appeal or in district action.
- Advisory Opinion 00-29: An 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.
- Advisory Opinion 00-30: The Board of Nursing may accept a computer from the National Council of State Boards of Nursing.
- Advisory Opinion 00-31: An 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.
- Advisory Opinion 00-32: Employees of the Department of Housing, Buildings and Construction may assist in the development of code books that may be adopted by the Department provided the employees have no involvement in the adoption of the codes as part of their official duties.
- Advisory Opinion 00-33: Artisans 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.
- Advisory Opinion 00-34: The Director of Intergovernmental Relations within the Office of the Governor is not considered an "officer" because his personnel position is not a position considered an officer and because his duties do not rise to the level of major management.
- Advisory Opinion 00-35: An 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.
- Advisory Opinion 00-36: The Division of Forestry may accept a grant for a hardwood management project from a private, nonprofit, international tree-planting foundation.
- Advisory Opinion 00-37: Former 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.
- Advisory Opinion 00-38: An employee who monitors local investment areas for compliance with the Workforce Investment Act may not have outside employment to provide training with a local investment area if the local investment area will be inspected by the agency for which the employee works.
- 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.
- Advisory Opinion 00-40: Property Valuation Administrators are not subject to local codes of ethics and are not required to file a statement of financial disclosure with the local entity; however, they are required to file a statement of financial disclosure with the Executive Branch Ethics Commission.
- Advisory Opinion 00-41: An 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.
- Advisory Opinion 00-42: Employees of the Kentucky Department of Education should not serve as officers or on the Board of the Kentucky Science Teachers Association.
- Advisory Opinion 00-43: The 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.
- Advisory Opinion 00-44: The Office of the Governor may accept cards from Hallmark Cards, Inc. to use in its immunization cards program, provided Hallmark Cards, Inc. is not doing business with or attempting to influence the actions of the Office of the Governor or any agency over which the Governor has authority.
- Advisory Opinion 00-45: A 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.
- Advisory Opinion 00-46: A plumber inspector for the Department of Housing, Buildings and Construction may have outside employment certifying plumbers if such employment is not with a plumber or a union representing the plumbers. The Executive Branch Ethics Commission may advise an employee to discontinue outside employment where a conflict of interest with his official duties exists, even if such outside employment has been approved by the employee’s appointing authority.
- Advisory Opinion 00-47: A 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.
- Advisory Opinion 00-48: Although an appearance of a conflict may exist, no actual conflict will exist if the spouse of an employee of the Cabinet for Families and Children provides training for Cabinet staff if the spouse receives no compensation for the service.
- Advisory Opinion 00-49: Employees may accept an incentive bonus in addition to their compensation provided by law if such incentive was authorized through the pilot personnel program.
- Advisory Opinion 00-50 (AMENDS Advisory Opinion 00-32): Employees of the Department of Housing, Buildings and Construction may assist in the development of building codes which may be adopted by the Department, provided employees are involved in all organizations developing the codes and do not favor one organizations over another.
- Advisory Opinion 00-51: Employees may accept awards for exceptional service presented by a local committee within the Family Court if award value is less than $25.
- Advisory Opinion 00-52: Employees may not accept travel expense reimbursement for service as board or committee member from entity with which the agency contracts for the purpose of testing and licensing inspectors.
- Advisory Opinion 00-53: Even 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.
- Advisory Opinion 00-54: The Commissioner of the Department of Local Government may accept employment with the Kentucky Association of Counties immediately upon his resignation from state government.
- Advisory Opinion 00-55: Employees 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.
- Advisory Opinion 00-56: An employee does not need to be excluded from serving on a selection committee because of his child’s job search with architectural firms. However, the employee may want to voluntarily abstain from matters on the selection committee that pose a conflict for him. Upon employment of his child by an architectural firm, the employee is prohibited from serving on a selection committee, pursuant to statute.
- Advisory Opinion 00-57: A 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.
- Advisory Opinion 00-58: An employee may serve as a consultant for a subsidiary of a company that is an agent for companies regulated by the division for which the employee works, provided the employee has no involvement with the parent company as part of his official duties.
- Advisory Opinion 00-59: A 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.
- Advisory Opinion 00-60: Although board members are not subject to the Executive Branch Code of Ethics, they should not receive stipends for their service as mentors from the board on which they serve.
- Advisory Opinion 00-61: Department of Education employees may not accept travel and hotel accommodations from potential vendor.
- Advisory Opinion 00-62: A public servant may not accept a sporting event ticket that has been allocated and paid for by a vendor unless the public servant pays the vendor the face value of the ticket.
- Advisory Opinion 00-63: Transportation engineers may attend a seminar provided by an engineering company at no charge if there is no fee charged other participants to attend.
- Advisory Opinion 00-64: The Deputy State Treasurer’s spouse may serve on a Board administered by the Office of the Stae Treasurer.
- Advisory Opinion 00-65: A 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.
- Advisory Opinion 00-66: A hearing officer contracted by the Kentucky Retirement Systems may complete certain cases even though she has accepted employment with the Kentucky State Police.
- Advisory Opinion 00-67: A 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.
- Advisory Opinion 00-68: The clinical director of Western Stae Hospital, who also operates a small, private medical practice that provides psychological assessments for the Department of Disability Determinations, is not required to obtain approval for his self-employment, but he must ascertain that a conflict on interest does not exist between his official position and his private clients.
- Advisory Opinion 00-69: NUMBER VOIDED
- Advisory Opinion 00-70: An executive director of a state licensure board may not accept payment for travel expenses from a professional association that represents persons regulated by the board.
- Advisory Opinion 00-71: NUMBER VOIDED
- Advisory Opinion 00-72: A pharmacy inspector employed by the Board of Pharmacy may not hold outside employment with a pharmacy.
- Advisory Opinion 00-73: NUMBER VOIDED
- Advisory Opinion 00-74: (Reconsideration of Advisory Opinion 00-59): Because the Department of Education regulates, awards grants to, and may be making decisions that affect the majority of the members of the Kentucky Association of School Administrators, a director within the Department of Education is prohibited from accepting travel expense reimbursement from the Kentucky Association of School Administrators. Thus, the Commission upholds the original opinion.