Kentucky Statutes 11A.030 – Considerations in determination to abstain from action on official decision — Advisory opinion
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In determining whether to abstain from action on an official decision because of a possible conflict of interest, a public servant should consider the following guidelines:
(1) Whether a substantial threat to his independence of judgment has been created by his personal or private interest;
(2) The effect of his participation on public confidence in the integrity of the executive branch;
(3) Whether his participation is likely to have any significant effect on the disposition of the matter;
(4) The need for his particular contribution, such as special knowledge of the subject matter, to the effective functioning of the executive branch; or
(5) Whether the official decision will affect him in a manner differently from the public or will affect him as a member of a business, profession, occupation, or group to no greater extent generally than other members of such business, profession, occupation, or group. A public servant may request an advisory opinion from the Executive Branch Ethics Commission in accordance with the commission’s rules of procedure.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 287, sec. 5, effective July 14, 1992.
(1) Whether a substantial threat to his independence of judgment has been created by his personal or private interest;
Terms Used In Kentucky Statutes 11A.030
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Business: means any corporation, limited liability company, partnership, limited partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, holding company, joint stock company, receivership, trust, or any legal entity through which business is conducted, whether or not for profit. See Kentucky Statutes 11A.010
- Commission: means the Executive Branch Ethics Commission. See Kentucky Statutes 11A.010
- Public servant: means : (a) The Governor. See Kentucky Statutes 11A.010
(2) The effect of his participation on public confidence in the integrity of the executive branch;
(3) Whether his participation is likely to have any significant effect on the disposition of the matter;
(4) The need for his particular contribution, such as special knowledge of the subject matter, to the effective functioning of the executive branch; or
(5) Whether the official decision will affect him in a manner differently from the public or will affect him as a member of a business, profession, occupation, or group to no greater extent generally than other members of such business, profession, occupation, or group. A public servant may request an advisory opinion from the Executive Branch Ethics Commission in accordance with the commission’s rules of procedure.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 287, sec. 5, effective July 14, 1992.