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| 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 17-03 Gift Exception 2017-3Within limitations, the Department of Parks (the “Department”) may accept gifts as dictated by KRS 148.021 without violating KRS 11A.045.
Advisory Opinion 16-09 and the provisions of the amendment to 9 KAR 1:090, once enacted, do not apply to the Department when accepting gifts on behalf of the state agency. |
| Advisory Opinion 17-02 - Gift Exception 2017-2Within limitations, the Kentucky Center for the Arts Corporation ("KCAC") may accept gifts as dictated by KRS 153.420(8) without violating KRS 11A.045.
Advisory Opinion 16-09 and the provisions of the amendment to 9 KAR 1:090, once enacted, do not apply to the KCAC when accepting gifts on behalf of the public corporation.
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| Advisory Opinion 17-01 - Gift Exception 2017-1 SUSPENDEDThis advisory opinion has been suspended. |
| Advisory Opinion 16-08The Transportation Cabinet may solicit sponsorships for its Safety Assistance for Freeway Emergencies (SAFE) Patrol and acknowledge the sponsor through placement of a plaque on its SAFE Patrol vehicles, provided that the Cabinet makes no effort to endorse or recognize the recipient of the sponsorship other than through a small plaque no larger than 12” x 18” and rejects sponsors from whom it cannot accept a gift pursuant to KRS 11A.045.
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| Advisory Opinion 16-09Guidance for executive branch agencies in relation to fundraising activities conducted in accordance with KRS 11A.055 for charitable non-profit organizations established, created, and controlled by these agencies in anticipation of the effective date of the amendment to 9 KAR 1:060. |
| Advisory Opinion 15-02An Executive Branch Agency may, in accordance with its policy of developing viable programs to be used in the private sector, assign a non-profit entity a program and marketing collateral that were developed by the Agency and expanded for use by a non-profit entity. |
| Advisory Opinion 14-01The Personnel Cabinet may expand the scope of its “State Employee Discounts” website to include discounts from additional private entities within certain parameters.
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| Advisory Opinion 13-03When a 501(c)(3) charitable nonprofit organization exists solely for the purpose of supporting an executive branch agency, the staff of that agency may, with certain limitations, participate in temporary fundraising activities on behalf of the nonprofit organization and provide administrative support to the organization, subject to the approval and oversight of agency management. Further, the agency and the nonprofit organization may enter into a written agreement to establish the parameters of such support of the nonprofit organization by the agency. |
| Advisory Opinion 11-07Addresses several questions related to endorsement and partnership activities between the Kentucky Retirement Systems (KRS) and the Kentucky Public Retirees Organization, a non-profit organization comprised of retired public employees. |
| Advisory Opinion 10-02The Division of Compliance Assistance in the Department for Environmental Protection, Energy and Environment Cabinet, may solicit public-private partnerships, to include entities and persons regulated by the Department, for the purpose of reducing and preventing environmental crimes. |
| Advisory Opinion 10-05A state regulator may, with some limitations, use state time and resources to promote membership and participation by comparable regulators from other jurisdictions in an international professional association comprised of such regulators if such use of state time and resources is approved by agency management. |
| Advisory Opinion 09-30Engaging in health and wellness ventures in partnership with First Onsite clinics or not-for-profit organizations would not be considered an “endorsement” by the Department of Employee Insurance and other health and wellness activities so long as the partnering follows certain guidelines and it provides a benefit to the Commonwealth. Further, if permitted by the contractual terms of the contract, First Onsite may, on its own initiative, facilitate a mobile mammography unit, health screening services and other health and wellness ventures. |
| Advisory Opinion 09-20Microsoft eLearning vouchers may be distributed to the citizens of the Commonwealth of Kentucky through the Education and Workforce Development Cabinet. The vouchers are gifts to the citizens of Kentucky and not to the agency. The eLearning voucher program is an allowable partnership pursuant to KRS Chapter 11A and would not constitute an impermissible endorsement of Microsoft Corporation. |
| Advisory Opinion 08-13The 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. |
| Advisory Opinion 07-40The naming rights for the Kentucky Horse Park’s new indoor arena may be sold provided the selling of the naming rights is competitively bid and the sale has an overriding public benefit. However, this trend is somewhat disturbing in that it reflects an endorsement that will forever remain with the state agency. |
| Advisory Opinion 07-27An agency may solicit sponsorship for a Kentucky Employees Charitable Campaign event and print co-sponsors names on t-shirts to be distributed as long as neither the agency nor agency employees actively endorse or acknowledge the co-sponsors of the event through a public statement. |
| Advisory Opinion 07-06The Governor's Office of Wellness and Physical Activity may seek discounts from health clubs and weight loss programs on behalf of the Kentucky Employee Health Plan and/or Get Health Kentucky members? |
| Advisory Opinion 06-21The Commonwealth Office of Technology (“COT”) may notify state employees of a vendor discount included as part of a state contract, but should not advertise the vendor or its products publicly other than notification to state employees of the contract terms. A conflict of interest may exist for employees to be involved in the selection process of the vendor if they know they can benefit personally from the terms of the contract with the vendor. |
| Advisory Opinion 05-35The Cabinet for Health and Family Services, in this fact specific situation, may partner with and accept a donation from a private corporation to benefit a children’s health program. |
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