11A.080 Investigation of complaints -- Procedures -- Findings -- Resolution.
723 words·~3 min read·
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(a)Upon a complaint signed under penalty of perjury by any person, or upon its
own motion, the commission shall conduct a preliminary investigation of any
alleged violation of this chapter.
(b)The preliminary investigation shall begin not later than ten
(10)days after the
next commission meeting following the receipt of the sworn complaint, or, if
the investigation is initiated by the commission's own motion, not later than
ten
(10)days after the date of the adoption of the motion.
(c)Within ten
(10)days of the commencement of the preliminary investigation,
the commission shall forward a copy of the complaint, if one has been filed, or
a statement of possible violations being investigated, and a general statement
of the applicable law to the person alleged to have committed a violation.
(d)For each complaint filed by a person other than the commission or a member
of the commission, the commission shall make a finding as to whether the
complaint is:
1. Well-grounded in fact;
2. Warranted by existing law; and
3. Filed for a good-faith argument or reason and not for any improper
purpose, such as for political advantage, to harass or embarrass a person
or persons, to cause delays, or to increase the costs of adjudicating a case
before the commission.
(2)All commission proceedings and records relating to a preliminary investigation
shall be confidential until a final determination is made by the commission, except:
(a)The commission may turn over to the Attorney General, the United States
Attorney, or the Commonwealth's attorney of the jurisdiction in which the
offense allegedly occurred, evidence which may be used in criminal
proceedings or, at its discretion, may at any time turn over to the Personnel
Board, the Auditor of Public Accounts, or any other agency with jurisdiction
to review, audit, or investigate the alleged offense, evidence which may be
used by those agencies for investigative purposes;
(b)If the alleged violator publicly discloses the existence of a preliminary
investigation, the commission may publicly confirm the existence of the
inquiry and, in its discretion, make public any documents which were issued
to either party;
(c)If the matter being investigated was referred to the commission from another
state agency, the commission may inform the referring state agency of the
status of any preliminary investigation and of any action taken on the matter.
(3)If the commission determines in the preliminary investigation that the facts are not
sufficient to constitute a violation of this chapter, the commission shall immediately
terminate the investigation and notify in writing the complainant, if any, and the
person alleged to have committed a violation. The commission may confidentially
inform the alleged violator of potential violations and provide information to ensure
future compliance with the law. If the alleged violator publicly discloses the
existence of such action by the commission, the commission may confirm the
existence of the resolution and, in its discretion, make public any documents which
were issued to the alleged violator.
(4)If the commission, during the course of the preliminary investigation, finds probable
cause to believe that a violation of this chapter has occurred, the commission may,
upon majority vote:
(a)Due to mitigating circumstances such as lack of significant economic
advantage or gain by the alleged violator, lack of significant economic loss to
the state, or lack of significant impact on public confidence in government, in
writing, confidentially reprimand the alleged violator for potential violations
of the law and provide a copy of the reprimand to the alleged violator's
appointing authority, if any. If the alleged violator publicly discloses the
existence of such an action, the commission may confirm the existence of the
action and, in its discretion, make public any documents which were issued to
the alleged violator; or
(b)Initiate an administrative proceeding to determine whether there has been a
violation.
(5)If the commission determines that a violation of this chapter has occurred in a case
involving a contract with state government, the secretary of the Finance and
Administration Cabinet may void any contract related to that case.
(6)If the commission determines that a violation of the provisions of KRS 11A.001 to
11A.130 has occurred, an employer of a former officer or public servant may be
subject to a fine of up to one thousand dollars ($1,000) for each offense.