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| Advisory Opinion 21-02The Board of Cosmetology may, within its discretion pursuant to KRS 11A.040(10), choose to deny permission for a field inspector to engage in outside employment by opening a salon in their own home. However, in the alternative, the Board may also, in its discretion, choose to allow the field inspector for the Board to engage in the proposed outside employment if the Board sets up parameters to ensure that the inspector does not perform inspections in a geographical region of the state as determined by the board to ensure that the field inspector is not inspecting the competitors of their own salon. |
| Advisory Opinion 21-08In light of a compelling argument made by the Kentucky Board of Education (KBE) that Advisory Opinion 01-27 sets a much more restrictive standard for members of the KBE than it does for public servants and members of other boards and commissions covered by the complete provisions of the Executive Branch Code of Ethics in similar circumstances, the Executive Branch Ethics Commission reconsiders Advisory Opinion 02-37 as it applies to members of the Kentucky Board of Education and VOIDS Advisory Opinion 02-37. |
| Advisory Opinion 19-01A Property Valuation Administrator may engage in practice as a certified public accountant in their home county as long as they are granted permission by their appointing authority to engage in outside employment pursuant to KRS 11A.040(10) and 9 KAR 1:050 as well as ensure that they abide by the conflict of interest provisions of KRS 11A.020 and KRS 11A.030. |
| Advisory Opinion 19-08A Utility Inspector with the Public Service Commission may work for a city-owned water treatment plant without violating the outside employment provisions of the Executive Branch Code of Ethics as long as the appointing authority approves of the outside employment and conflicts of interest are mitigated.
An employee of the Public Service Commission may serve on the board of an Association of members regulated by the Public Service Commission as long as conflicts of interest are mitigated. |
| Advisory Opinion 19-09A Utility Inspector with the Public Service Commission may work for privately owned water treatment facilities that are not subject to the jurisdiction of the Public Service Commission without violating the outside employment provisions of the Executive Branch Code of Ethics as long as the appointing authority approves of the outside employment and conflicts of interest are mitigated.
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| Advisory Opinion 15-04A conflict of interest will exist if an Environmental Scientist I, employed by the Division of Oil and Gas, Department for Natural Resources, Energy and Environment Cabinet, is allowed to create a research-focused company involved in researching and developing a process for treating a waste product of the environmental industry of which the environmental scientist is a regulator. The Commission found that the appointing authority properly denied the same employee’s request for outside employment to work for his research-focused company because the employee’s involvement with the created company posed a direct conflict of interest with the employee’s duties for the Cabinet by operation of KRS 11A.040(10) and 9 KAR 1:050. The Commission did not find a valid reason to overrule the appointing authority’s decision. |
| Advisory Opinion 12-02A conflict of interest would be created if the appointed Executive Director of the Kentucky Horse Racing Commission ("KHRC") and his wife remain involved in the horse racing industry through their ownership and joint operation of a stable that is a thoroughred boarding, breaking, training, and racing facility with operations in Kentucky, Florida, and New York. Additionally, as long as conflicts of interest are avoided the Executive Director of the KHRC or his wife may remain involved in activities in Kentucky either not related to the horse racing industry or not involving licensees of the KHRC. The Executive Director of the KHRC or his wife may remain involved in the horse racing industry outside of Kentucky as long as conflicts of interest are avoided. |
| Advisory Opinion 12-03The State Apiarist (a.k.a. the "State Beekeeper") can teach a class on beekeeping for compensation as long as teaching such a class is not part of the State Apiarist's official duties and he avoids any conflict of interest. The State Apiarist may not teach a class on beekeeping as an employee of his wife's bee keeping supply store if the State Apiarist is involved in decision-making or recommendations concerning the business in his official capacity. |
| Advisory Opinion 10-04A deputy Property Valuation Administrator may co-own a real estate brokerage business with a partner who conducts business in the county in which the deputy PVA is employed as long as the deputy PVA does not financially benefit from the partner conducting business in that county. |
| Advisory Opinion 10-07A state regulator may perform work as an independent contractor for a Third Party Certification firm under the Interstate Milk Shippers International Certification Pilot Program so long as he does not use state time, personnel, or property to perform the work. |
| Advisory Opinion 09-27Regional Librarians and other staff members of the Kentucky Department for Libraries and Archives may accept a stipend for serving as mentors for public library staff members who are taking college classes toward the completion of associate’s and bachelor’s degrees at Bluegrass Community and Technical College and Northern Kentucky University through a program funded by a federal grant. |
| Advisory Opinion 09-22It would not be a conflict of interest for the Director of Biofuels to accept an outside consulting agreement with an out-of-state bank to assist in the sale of certain idle biofuel manufacturing assets located in West Texas. |
| Advisory Opinion 09-24It would be a conflict of interest for an Administrative Branch Manager within the Provider Services Branch of Program Integrity with the Department for Medicaid Services to offer credentialing/consulting services to assist health care professionals in completing enrollment applications for private insurance health plans if those professionals were participating in the Medicaid program or involved in the enrollment process to become Medicaid providers. |
| Advisory Opinion 09-08The Commissioner of the Department for Fish and Wildlife Resources may also be self employed as an independent contractor with a land development company. However, he cannot do business with his own agency, and he must ensure that he has no competing interests between his official position and his private interests. |
| Advisory Opinion 09-03A case manager/nurse investigator for the Kentucky Board of Nursing may accept part-time employment with a nursing school in Kentucky, if the employee's official job duties do not include regulation of nursing school programs. However, the employee must cease the part-time employment in the event that the employee's job duties change to include regulation of nursing school programs, or if a particular student who enrolls in a class taught by the employee is subject to disciplinary monitoring by the employee. |
| Advisory Opinion 08-32No conflict of interest exists for a Director of Administration for the Workers Compensation Funding Commission who also provides instructional services for government finance professionals, because there is no intersection between the official's private interests and the official job duties of the Director of Administration. |
| Advisory Opinion 08-02A 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 08-23An Administrative Section Supervisor for the Kentucky Law Enforcement Council may administer polygraph tests through her own private company to individuals monitored by Probation and Parole. |
| Advisory Opinion 08-03A Kentucky Vehicle Enforcement Officer may work for an attorney’s office conducting investigations and serving subpoenas only in those matters that don’t pose a conflict with his peace officer position. He should have no involvement in his peace officer position in matters concerning investigations or subpoenas with which he has had involvement as part of his private work, and he should not be involved in investigations and subpoena service in his private work if he has had involvement with such cases as a peace officer. |
| Advisory Opinion 08-04Reconsideration of 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. |
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