Press Release from Ed Hatchett,
Kentucky Auditor of Public Accounts
Subject:
Hatchett Says Ethics Law is Confusing and Inconsistent
Release Date:
September 1, 2000
Audit online at:
http://www.auditor.ky.gov/Public/Audit_Reports/Archive/2000LocalGovernmentEthicsCodeBoards.pdf
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Commonwealth of Kentucky
Auditor of Public Accounts
144 Capitol Annex
Frankfort, KY 40601
Contact:
Harold McKinney
Legal Counsel
Phone 502-573-0050
FAX 502-573-0067
APA.PressReleases@auditor.ky.gov |
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(Frankfort - September 1, 2000)
State Auditor Ed Hatchett today released a performance audit report on local ethics codes and boards. This first comprehensive review of Kentucky's statutory policy on local government ethics revealed confusion, inconsistency, and unfulfilled public expectations.
With over 500 local ethics codes oversight is difficult and unwieldy
"Ethics law was intended to give citizens greater assurance of ethical conduct by local government officials," said Hatchett. "While the legislation was a good first step, its effectiveness has been diminished by vagueness, lack of definitions, and weak enforcement caused by an unwieldy, decentralized system. Our statutory framework can by greatly improved."
The audit targets the following issues for resolution:
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The governing statute is vague and lacks critical definitions, leaving unclear how it applies to appointed office-holders, employees, and candidates.
- Ethics codes and boards are decentralized resulting in over 500 sets of local rules that are inconsistent and difficult to oversee.
- Many local governments are not in compliance with the local ethics statutes, ranging from no code of ethics, to no ethics board, to more minor infractions.
- There are four different ethics frameworks in Kentucky: legislative, local, executive, and judicial. This regulatory landscape for ethics is inconsistent, unfair, and confusing.
The audit offers the following recommendations:
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The local ethics statute, KRS 65.003, should be amended to include a definition section and clarify its application to appointed officials, employees, and candidates.
- The General Assembly should ensure adequate training for all officials and employees regarding ethics rules and responsibilities.
- The General Assembly should craft ethics legislation that does not unfairly burden jurisdictions with small populations.
- The General Assembly should replicate best practices gleaned from codes in other states.
"In addition to considering the recommendations made in the report we would encourage the four sectors of government to work together to formulate one set of ethics guidelines for all public officials and employees." said Hatchett.
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