Code of Ethics

This Code shall be known and may be cited as the Northern Kentucky Independent District Board of Health (NKIDBOH) Code of Ethics.

It is the purpose of this Code to provide a method of assuring that standards of ethical conduct for Covered Entities, which includes board members, officers, committee members, volunteers and employees of the Northern Kentucky Independent District Health Department (NKIDHD) and the Northern Kentucky Independent District Board of Health (NKIDBOH) (see "Definitions") are clearly established, uniform in their application, and enforceable, and to provide the Covered Entities with advice and information concerning potential conflicts of interest which might arise in the conduct of their public duties.[1]

It is the further purpose of this Code to meet the requirements of KRS 65A.070.

[1]Boone  County Code of Ethics, §35.01    

For the purpose of this Code, Covered Entities include the groups listed below and the following definitions shall apply unless the context clearly indicates otherwise, or requires a different meaning.

BOARD MEMBERS:  All members and designees of the NKIDBOH and members of the NKIDBOH’s Personnel Board.

VOLUNTEERS:  Any person who serves NKIDHD or NKIDBOH but is not on NKIDHD's payroll.

EMPLOYEES:  Any person currently on NKIDHD's payroll.

OFFICERS:  Any person serving as an officer to the NKIDBOH, who is not included in the definition of Board Member.

COMMITTEE MEMBERS:  Any person, whether compensated or not, whether full-time or part-time, who serves on a committee for the NKIDHD and/or the NKIDBOH.

FAMILY MEMBER(S): A spouse; child, foster child, step-child or their spouses; parent, step-parent, parent-in-law or anyone who has operated in loco parentis; grandparent; grandchild; sibling or step-sibling; aunt or uncle; niece or nephew; members of household.

All individuals as defined herein shall agree to abide by this Code.

• No individuals defined herein of the NKIDHD or the NKIDBOH shall subject a person to reprisal, directly or indirectly, who in good faith reports, discloses, or divulges, or otherwise brings to the attention of the District any facts or information relative to an actual or suspected violation of this Code.  Nor may they use, or threaten to use, any official authority or influence in any manner whatsoever which tends to discourage, restrain, deter, prevent, interfere with, coerce, or discriminate against any person who in good faith reports, discloses, divulges, or otherwise brings to the attention of the District any facts or information relative to an actual or suspected violation of this Code.

• This section shall not be construed as prohibiting disciplinary or punitive action if an officer, employee, board or committee member of the NKIDBOH or the NKIDHD discloses information which he or she knows:

  • To be false or which he or she discloses with reckless disregard for its truth or falsity;

  • To be exempt from required disclosure under the provisions of the Kentucky Open Records Act, KRS 61.870 to 61.884; or

  • Is confidential under any provision of law.

• No NKIDHD Covered Entities or member of his/her immediate family shall have an interest in a business organization or engage in any business, transaction, or professional activity, which is in substantial conflict with the proper discharge of his/her duties in the public interest.

•  No NKIDHD Covered Entities shall use or attempt to use his/her official position to secure unwarranted privileges or advantages for himself/herself or others.

•  No NKIDHD Covered Entities shall solicit or accept any gift having a fair market value of more than $100, per organization, per calendar year, whether in the form of money, service, loan, travel, entertainment, hospitality, thing or promise, or any other form under circumstances in which it could reasonably be inferred that the gift was intended to influence, or could reasonably be expected to influence the Covered Entities in the performance of his/her public duties.

• No NKIDHD Covered Entities shall be prohibited from giving or receiving an award, including gift awards, publicly presented in recognition of public service, commercially reasonable loans made in the ordinary course of the lender's business, or reasonable hosting, including travel and expenses, entertainment, meals or refreshments furnished in connection with public events, appearances, ceremonies or fact finding trips related to official county government business.

• No NKIDHD Covered Entities shall use, or allow to be used, his/her public office or employment, or any information, not generally available to the members of the public, which he/she receives or acquires in the course of and by reason of his/her office or employment, for the purpose of securing financial gain for himself/herself, any member of his/her immediate family, or any business organization with which he/she is associated except under the "rule of necessity".

•  No NKIDHD Covered Entities shall be deemed in conflict with these provisions if, by reason of his/her participation in the enactment of any ordinance, resolution or other matter required to be voted upon or which is subject to executive approval or veto no material or monetary gain accrues to him/her as a member of any business, profession, occupation or group, to any greater extent than any gain could reasonably be expected to accrue to any other member of such business, profession, occupation or group.

• No elected NKIDHD Covered Entities shall be prohibited from making an inquiry for information of providing assistance on behalf of a constituent, if no fee, reward or other thing of value is promised to, given to or accepted by the officer or a member of his/her immediate family, whether directly or indirectly, in return therefore.

• Nothing shall prohibit any NKIDHD Covered Entities or members of his/her immediate family, from representing himself/herself, or themselves, in negotiations or proceedings concerning his/her, or their own interests.[2]

[2] Boone County Code of Ethics, §35.02

• No individuals as defined herein shall advocate, recommend or cause the employment, appointment, promotion, transfer, or advancement of a family member to an office or position of employment with the NKIDHD.

• No employee shall engage in any form of nepotism which violates the personnel policies of the NKIDHD.

• No individuals as defined herein shall participate in any action relating to the employment or discipline of a family member, except that this prohibition shall not prevent Covered Entities from voting on or participating in the development of a budget or policy which may include compensation or benefits for a family member, provided that the family member is included only as a member of a class of persons or a group, and the family member benefits to no greater extent than any other similarly situated member of the class or group.[3]

[3] Boone County Code of Ethics, §35.03

Allegations of violations committed by Covered Entities, except Employees, Supplemental Staff and Staff Volunteers, shall be heard by the Executive Committee of the NKIDBOH.

Allegations of violations committed by Employees, Supplemental Staff and Staff Volunteers shall be heard by management.

• The Executive Committee or management shall investigate any alleged violation of this Code of Ethics based upon its own motion reduced in writing, or upon a written complaint signed under penalty of perjury by any person.

  • No later than ten (10) working days after receipt of a complaint, the Executive Committee or management shall initiate a preliminary inquiry into any alleged violations of this Code.

  • Within seven (7) working days of its initiation of an inquiry, the Executive Committee or management shall forward a copy of the complaint and a general statement of the applicable code provision to the party alleged to be in violation.

•  All proceedings and records relating to a preliminary investigation shall be confidential until a final determination is made by the Executive Committee or management, except:

  • The Executive Committee or management may turn over to the Commonwealth or County Attorney evidence which may be used in criminal proceedings; or

  • If the complainant publicly discloses the existence of a preliminary inquiry, the Executive Committee or management may publicly confirm the existence of the inquiry if the alleged violator agrees and, at its discretion, make public any documents which were issued to either party.

• The Executive Committee shall afford a person subject to preliminary investigation an opportunity to respond to allegations in the complaint. The person shall have the right to be represented by counsel, to appear and be heard under oath, and to offer evidence in response to the allegations in the complaint. Management shall afford an employee the opportunity to respond to allegations in the complaint and to offer evidence in response to allegations in the complaint as part of its investigation.

• If the Executive Committee determines in the preliminary investigation that the complaint does not allege facts sufficient to constitute a violation of this Code, or was brought in bad faith, it shall immediately terminate the inquiry and notify in writing the complainant and the person alleged to have committed a violation. If management determines in the investigation that the complaint does not allege facts sufficient to constitute a violation of this Code, or was brought in bad faith, it shall immediately terminate the inquiry and notify in writing the complainant and the person alleged to have committed a violation and no record will be made in the Personnel File.

• If the Executive Committee during course of its preliminary investigation finds probable cause to believe that a violation of this Code has occurred, it shall notify the alleged violator of the finding. The Executive Committee may, upon a vote of the majority of the quorum:

  • In view of mitigating circumstances such as lack of significant impact on public confidence in government, lack of significant economic advantage or gain to the violator, and lack of significant economic loss to the NKIDHD; reprimand in writing the alleged violator. The alleged violator may then ask for a full hearing if desired;

  • Initiate an adjudicatory proceeding to determine whether there has been a violation.

  • If management determines that a violation of this Code has occurred, it shall take disciplinary action up to and including termination of employment consistent with NKIDHD’s Guidelines to Personnel Policies.

• Any person who knowingly files with the Committee a false complaint of misconduct on the part of any individuals as defined herein may be subject to criminal prosecution and may be subject to civil penalty not exceeding the cost of attorney fees incurred in defending the false charge.

• The Kentucky Rules of Civil Procedure shall apply to all adjudicatory hearings.  The Kentucky Rules of Evidence shall only generally apply. All testimony in such hearings shall be under oath. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine witnesses, to submit evidence, and to be represented by counsel at their expense. All parties shall be subject to all due process rights, privileges, and responsibilities of a witness appearing before the courts of the Commonwealth of Kentucky.  Witnesses shall be entitled to be represented by counsel at their expense.

• Any person whose name is mentioned during adjudicatory proceedings of the Commission and who may be adversely affected thereby may appear personally before the Commission on their own behalf, with or without counsel, to give a statement in opposition to such adverse mention, or they may file a written statement of that opposition for incorporation into the record of the proceedings.

• All adjudicatory proceedings of the Executive Committee carried out pursuant to the provisions of this section shall be public, unless the members vote to go into executive session in accordance with KRS 61.810.

• The Executive Committee, upon a finding pursuant to an adjudicatory proceeding that there has been proof by a preponderance of evidence of a violation of this Code, may:

  • Issue an order requiring the violator to cease and desist the violation;

  • Issue an order requiring the violator to file any report, statement, or other information as required by this Code;

  • In writing, publicly reprimand the violator for potential violations of the law.

  • Provide a copy of any reprimand for non-employees to the Chair of the NKIDBOH.

• Evidence of criminal violations of this Code shall be referred to the County Attorney or Commonwealth Attorney for prosecution.

• Findings of fact or final determinations that a violation of this Code has been committed, or any testimony related to findings of fact or its final determinations, shall not be admissible in criminal proceedings in the courts of the Commonwealth of Kentucky; however, evidence collected may be used in a criminal proceeding.

Any person found by the Executive Committee to have committed a violation of this Code may appeal the action to the Boone County Circuit Court. The appeal shall be initiated within thirty (30) calendar days after the date of the final action of the Executive Committee by filing a petition with the Court. Transmittal of the record shall be Appellant’s responsibility and at Appellant’s cost.  Upon payment of all costs by Appellant, the NKIDHD shall transmit the entire record to the Court Clerk, including all evidence considered by the Executive Committee at the hearing. An Appellant’s failure to transmit the record on appeal or to ensure that it has been timely and fully transmitted may constitute grounds for dismissal of the petition. Any employee disciplined for a violation of this Code may appeal the disciplinary as per the appeals process defined in NKY Health's Guide to Personnel Policies. 

6/20/2023

• Added Revision Log