Advisory Opinions
Summaries of 2008
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 08-1: The inclusion of an individual in a will is not within the definition of “gift” until an individual is deceased, and thus the children of employees of a veterans center are not prohibited by the Executive Branch code of Ethics from inclusion in a resident’s will. However, the Kentucky Department of Veterans’ Affairs should consider the consequences of such inclusion and adopt internal policies to address the matter.
- Advisory Opinion 08-2: A mine inspector may accept short-term employment with a coal company in order to gain retirement and health care benefits as long as he has no involvement with the coal company in his state position, he does not perform any work for the coal company on state time, and such employment does not interfere in any way with his job duties.
- Advisory Opinion 08-3: A Kentucky Vehicle Enforcement Officer may work for an attorney’s office conducting investigations and serving subpoenas only in those matters that don’t pose a conflict with his peace officer position. He should have no involvement in his peace officer position in matters concerning investigations or subpoenas with which he has had involvement as part of his private work, and he should not be involved in investigations and subpoena service in his private work if he has had involvement with such cases as a peace officer.
- Advisory Opinion 08-4: Reconsideration of Advisory Opinion 07-43: Although a sworn Kentucky Vehicle Enforcement Officer may operate a private limousine service, potential conflicts may exist for the employee. As part of his official duty, the sworn officer should have no involvement in matters regarding his limousine service or any business that competes with his limousine service. He also must ascertain that he does not regulate any of his private clients as a part of his official duty. If it is impossible for him to remove such potential conflicts, he should not operate the limousine service. Kentucky Vehicle Enforcement also may implement in-house policies regarding such outside business operations of employees.
- Advisory Opinion 08-5: The Executive Director of the Education Professional Standards Board may accept a professional organization's offer to pay for attendance at conference since the Board does not regulate the members of the organization. However, the Board may not accept travel and hotel accommodations from a testing service that the Board selects to administer proficiency tests.
- Advisory Opinion 08-6: A Chief District Engineer employed by the Transportation Cabinet may accept scholarship from university even if donors are persons or businesses that do business with or are regulated by the Cabinet provided the scholarship selection is made by the university and not by the donors.
- Advisory Opinion 08-7: Officers employed by the Department of Revenue may serve as ex-officio members of Kentucky Farm Bureau Tax Advisory Committee as long as they are non-compensated and non-voting.
- Advisory Opinion 08-8: An employee of the Division of Mine Permits within the Department for Natural Resources may participate in volunteer activity for the Salt River Watershed Watch without creating a conflict of interest.
- Advisory Opinion 08-9: Employee who had involvement with specific clients in previous state employment should abstain for a reasonable period of time before having any involvement in matters pertaining to the same clients.
- Advisory Opinion 08-10: A former Commissioner of Parks may provide volunteer service for the Kentucky State Park Foundation and accept reimbursement for expenditures made on behalf of the Foundation, including mileage while traveling on behalf of Foundation efforts. He also may participate in fund-raising activities on behalf of the Foundation.
- Advisory Opinion 08-11: A conflict of interest will not exist for the Transportation Secretary to have an ownership interest in property adjacent or near to a priority road project when the ownership interest predates the identification of the road project as a priority and the Secretary abstains, in writing, from any future decisions that could affect the property in question that have not been addressed in the six year plan.
- Advisory Opinion 08-12: A Transportation Cabinet staff attorney and EEO compliance officer may serve as board member representatives, as part of their official duties for the Cabinet, on a non-profit community land trust.
- Advisory Opinion 08-13: The Department for Employee Insurance in the Personnel Cabinet may accept written brochures and speakers for its wellness programs from pharmaceutical companies provided the brochures and speakers do not advertise or mention specific drugs or companies.