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| Advisory Opinion AO 24-02Ad Hoc members of the Kentucky State Board on Electric Generation and Transmission Siting are not subject to the requirements of KRS Chaper 11A as they do not fall within the definition of an "officer" or of a "public servant" as defined in KRS 11A.010.
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| Advisory Opinion 22-01Executive Orders issued in 2008-454 and 2020-423 that include Members of the Kentucky Fish and Wildlife Commission are not enforceable by the Executive Branch Ethics Commission. Only the Governor has the authority to enforce Executive Orders that he or she issues. |
| Advisory Opinion 22-03Commonwealth Attorneys and their employees are subject to the provisions of KRS Chapter 11A. Commonwealth Attorneys are considered to be public servants as defined in KRS 11A.010(9) and officers as defined in KRS 11A.010(7). The employees of the Commonwealth's Attorneys are public servants as defined by KRS 11A.010(9). |
| Advisory Opinion 19-02Companies or businesses that apply for, receive, or have received economic incentives are considered to be "doing business with or being regulated by" the Kentucky Cabinet for Economic Development as long as the agreements between the Kentucky Cabinet for Economic Development and the companies or businesses are still active. |
| Advisory Opinion 19-06Members of the State Board of Elections are covered by the definition of "salaried" members of a board or commission as defined by KRS 11A.010(21) and, as such, they are covered by the expanded definition of "officer" in KRS 11A.010(7) as enacted by House Bill 81, in light of the recent changes in their compensation. |
| Advisory Opinion 19-05Members of the Unemployment Insurance Commission are covered by the definition of "salaried" members of a board or commision as defined by KRS 11A.010(21) and, as such, they are covered by the expanded definition of "officer" in KRS 11A.010(7) as enacted by House Bill 81. |
| Advisory Opinion 17-07(1) Does the Commission still view Advisory Opinions 03-05 and 06-16 as valid?
(2) May the Attorney General that has not ruled out a run for the office of Governor undertake an investigation, either by himself or through employees of the Attorney General’s Office of a potential political opponent?
(3) If the answer to (2) is yes, then will a recusal by the Attorney General from the investigation cure any conflict of the staff of office of Attorney General conduct the investigation if sufficient “firewalls” are in place to shield the Attorney General from the investigation of his potential political opponent?
(4) If the answer to (3) is no, then may the Attorney General contract with a third party to perform the investigation if that contractor ultimately answers to an official with the Attorney General’s Office?
(5) Is it a conflict of interest for a Constitutional Officer to—directly, or through a department, cabinet, or agency run by his appointees and ultimately answerable to him – investigate a likely or potential political opponent? In other words, is it also the case that a conflict of interest exists if a sitting Governor considering seeking re-election initiates an investigation – involving himself personally or any employee, agency, or contractor at his direction – that could further his private interest (possible candidacy) to the detriment of a known or likely political adversary?
DECISION:
(1) Yes
(2) Maybe, depending on the Attorney General’s intended course of action.
(3) No
(4) Qualified Yes, as long as the report of the third-party investigator is given to an individual with no conflict of interests in the matter.
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| Advisory Opinion 17-09The newly created non-voting advisors to the Kentucky Board of Education ("KBE"), established by Executive Order 2017-364, are not covered by the full Executive Branch Code of Ethics as are the members of the Kentucky Board of Education pursuant to KRS 11A.010(7); however, because of the language in Paragraph XIII of E.O. 2017-364 which states the advisors will be engaging in influencing the decision-makers on the KBE, said advisors should agree to follow the dictates of Executive Orders 2008-454 and 2016-377 applying three provisions of the Executive Branch Code of Ethics which are voluntary and not enforceable by the Executive Branch Code of Ethics. |
| Advisory Opinion 07-10Pursuant to the 2006-2008 Kentucky Biennial Budget Bill (House Bill 380), the Executive Branch Code of Ethics, found in KRS Chapter 11A, is applicable to the directors, officers and management and policymaking employees of the Louisville Arena Authority, Inc. , and thus the board of directors for the Authority must file with the Executive Branch Ethics Commission annual statements of financial disclosure. |
| Advisory Opinion 07-07A Kentucky not-for-profit corporation, 2008 Matches, Inc., is not an executive branch agency and thus may accept monetary donations from private companies; however employees of the Office of the Kentucky Sports Authority may not solicit donations on the not-for-profit's behalf from private companies that have a business or regulatory relationship with or are trying to influence the actions of the Office of the Kentucky Sports Authority. |
| Advisory Opinion 07-09University employees are not subject to the Executive Branch Code of Ethics even though they may be administering a program ultimately funded by an executive branch agency. |
| Advisory Opinion 07-14For jurisdictional purposes, the Executive Branch Code of Ethics is applicable to any entity that is within the financial reporting entity of the Commonwealth as determined by the Finance and Administration Cabinet and audited by the Auditor of Public Accounts, excluding state colleges, universities, legislative, and judicial entities, subject to revision by the legislature. |
| Advisory Opinion 07-41An employee of a systems development services contractor that provides executive support to state agencies is not considered an executive branch employee under the jurisdiction of the Executive Branch Code of Ethics. |
| Advisory Opinion 06-12Board members of the Kentucky Board of Home Inspectors are not subject to the Executive Branch Code of Ethics and thus are not prohibited from conducting continuing education seminars for profit; however, the board is urged to adopt a "code of ethics" for its members. |
| Advisory Opinion 06-03Commonwealth's Attorneys' and their staffs are subject to the provisions of the Executive Branch Code of Ethics in matters that are not addressed by KRS Chapter 15.733 |
| Advisory Opinion 05-25The Executive Branch Ethics Commission may not investigate violations of or impose penalties for violations of agency in-house policies for unpaid volunteers. |
| Advisory Opinion 05-17Although not subject to the Executive Branch Code of Ethics , the chairman of the Kentucky Housing Corporation ("KHC") seeks the following advice. The chairman may allow purchasers of homes from his private company to seek KHC loans. He should disclose his indirect interest in the contracts or agreements with KHC and abstain from all matters of the Board involving contracts or agreements between KHC and purchasers of his company’s residences. |
| Advisory Opinion 03-14A 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 03-18Individuals 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 03-49Individuals who volunteer their services to state government are not subject to the Executive Branch Code of Ethics, however potential conflicts may exist and agency policies should be established to eliminate potential conflicts for volunteers. |
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