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| Advisory Opinion 24-01A husband's employment through a Memorandum of Agreement with the agency where his spouse is employed does not create a conflict of interest as the wife was not involved in the hiring process and will not supervise her spouse. |
| Advisory Opinion 24-04KRS 11A.040 prohibits a former Division Director of the Division of Water for the Commonwealth of Kentucky from taking a job with a consulting firm with which he approved ongoing state contracts and projects.
DECISION QUALIFIED: For one year from the termination of state service, KRS 11A.040(6) prohibits officers, or public servants listed in KRS 11A.010(9)(a) to (g), from "enjoying" the benefits of any contract awarded by their agency to a consulting firm with which they are seeking employment. Further, KRS 11A.040(7) prohibits officers, or public servants listed in KRS 11A.010(9)(a) to (g), from accepting employment, compensation, or other economic benefit from any person or business that contracts or does business with, or is regulated by, the state in matters the officer was directly involved in during the last 36 months of their state service. However, KRS 11A.040(7) also contains a limited exception for an individual to return to the same business, firm, occupation, or profession they held prior to state service, or for which they had received a professional degree or license prior to state service.
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| Advisory Opinion 24-05Because KRS 11A.040 (4) prohibits public servants from entering into contracts awarded by the agency by which they are employed, employees of the Kentucky Department of Agriculture may not be beneficiaries of low-interest rate loans offered by the Kentucky Agricultural Finance Corporation ("KAFC"), an entity that is administratively attached to the Kentucky Department of Agriculture.
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| Advisory Opinion 22-06The decision to allow an employee of the Kentucky Housing Corporation ("KHC"), currently running for a partisan office, and if elected, serve in both that elected politcal office and continue employment with KHC lies with the employer, Kentucky Housing Corporation. |
| 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 21-03A Constitutional Officer may use state resources, including attorneys – whether employed by the Commonwealth or retained under a personal service contract with the Commonwealth – to defend the allegations filed in a petition for impeachment against that Constitutional Officer. |
| Advisory Opinion 21-04The Commission provides a review of the conflict of interest provisions in the Executive Branch Code of Ethics and approves the Department for Behavioral Health, Developmental and Intellectual Disabilities for the Cabinet for Health and Family Services intended course of action to limit and mitigate conflicts of interest in two scenarios concerning one of its employees related to outside entities for which the spouse of the employee works that have contracts with or receive grants from the Department. |
| Advisory Opinion 21-06A Property Valuation Administrator (PVA) may use their real estate license to market and sell their own personal property and purchase a personal residence in the county where they serve as the PVA. However, the PVA should not use the real estate license in the marketing and selling of real estate beyond the sale and purchase of their personal residence and furthermore, the Commission recommends the PVA create their own brokerage rather than affiliating with another existing brokerage to limit a potential conflict of interest. |
| Advisory Opinion 21-07A former public servant in an officer position may work for a company that has a current contract with the public servant’s former agency if the contract does not result in the contractor receiving state funds. Because the contractor is not “doing business with” the former public servant’s agency, the post-employment provisions in KRS 11A.040(7) would not prohibit the former public servant from accepting the employment during the first year after state service. However, the public servant must limit his contacts with his former agency in compliance with the provisions of KRS 11A.040(9). |
| 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 21-09 Gift Exception No. 2021-1The Executive Branch Ethics Commission grants an exemption to KRS 11A.045(1) for a non-merit employee of the Department of Veterans Affairs to receive induction into the Kentucky Veterans Hall of Fame which includes receipt of a plaque and dinner worth more than $25. That same employee should follow a planned six-month moratorium on any decision-making concerning the Kentucky Veterans Hall of Fame to avoid any conflicts of interest as provided in KRS 11A.020(3) and KRS 11A.030. |
| Advisory Opinion 21-10In light of the proposal to amend 101 KAR 1:365, upon which Advisory Opinion 93-21 was originally based, the Executive Branch Ethics Commission revisits Advisory Opinion 93-21 and issues guidance allowing for a public servant to use state time and resources for the limited purpose of engaging in communications with the staff of the Kentucky Personnel Board and appellee state agencies with written permission from the public servant's employing agency appointing authority. |
| Advisory Opinion 21-12Employees of the Kentucky Department of Agriculture (KDA), their spouse and their child are prohibited from accepting grants from the Kentucky Agricultural Development Board (KADB) (KRS 11A.040(4); however extended family of KDA employees may apply and accept grants from KADB as long as the grants will not benefit the KDA employee in whole or in part.
A KDA employee or their family member may apply for and accept grants from a county program run by a county administrator group that is independent from KADB but receives KADB funds. |
| Advisory Opinion 21-13Department of Corrections staff are prohibited from using state time and state resources to conduct limited fundraising and administrative activities associated with managing outside bank accounts to support the staff canteen funds. Additionally, the Department of Corrections should follow the recommendations of the Finance and Administration Cabinet to avoid using correctional facility names in the name of the outside bank accounts associated with the staff canteen fund. |
| Advisory Opinion 20-02As defined in 9 KAR 1:025, Section 1(4), a contract for a 2020 construction project (Contract) in Henderson, Kentucky, to complete a section of the I-69 Ohio River Crossing is considered to be a separate “matter” from a 2016 agreement between Kentucky and Indiana (Agreement) to complete the environmental studies and preliminary development of the I-69 Ohio River Crossing for the application of the post-employment rules in KRS 11A.040(6) through (9). A former officer may be listed as a point of contact on the Contract during his first year post-employment without violating KRS 11A.040(6) through (9) as long as he abides by KRS 11A.040(9) in limiting any contacts he has with KYTC concerning the Agreement. The former officer may also work on the Contract during his first year post-employment without violating KRS 11A.040(6) through (9) as long as he abides by KRS 11A.040(7) and abstains from working on the Agreement and abides by KRS 11A.040(9) and avoids contacts with KYTC concerning the Agreement. |
| Advisory Opinion 20-03Property Valuation Administrators may sell advertising space on their websites without violating the Executive Branch Code of Ethics as long as they use the mechanism provided in KRS 45A.097 to solicit sponsorships, which may include selling advertising space on state-sponsored websites, as long as the state agency follows the requirements of KRS 45A.097 and the procedures established by the Finance and Administration Cabinet for its implementation. Furthermore, the Executive Branch Ethics Commission recommends that the website include a disclaimer that any such advertisements are not to be considered an endorsement of the services or products of the advertisers pursuant to KRS 45A.097(4)(h) and (i). |
| 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 19-02Companies 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 19-07Pursuant to KRS 11A.055, the Department of Agriculture (KDA) is prohibited from directly raising funds for a 26 USC Section 501(c)(6) tax-exempt organization to fund a conference being held in Kentucky for the organization over which the Commissioner of Agriculture is serving as president.
Pursuant to KRS 11A.045(1) the Commissioner of Agriculture and the staff of the KDA are prohibited from raising funds for the 501(c)(6) organization by soliciting persons or businesses that may otherwise be prohibited from giving gifts to the KDA and its employees.
The Commissioner of Agriculture and other members of the KDA’s senior leadership may seek donations to the 501(c)(6) organization in advance of the conference from individuals and/or corporate entities who do not meet any of the circumstances as set forth in KRS 11A.045(1)as long as they use their own time and resources and avoid using state time and state resources.
The 501(c)(6) organization may use the Commissioner’s name and identity on solicitations sent to entities that are regulated by or doing business with the KDA or otherwise listed in KRS 11A.045(1).
If allowable under KRS 45A.097, the Commissioner of Agriculture and the staff of the KDA may raise funds to be donated directly to the Department to fund a conference sponsored jointly by the KDA with the 501(c)(6) organization.
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| 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. |
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