Kentucky Statutes 11A.226 – Dispute resolution with respect to statements of expenditures and statements of financial transactions
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(1) If a dispute arises between an elected executive official, the secretary of a cabinet listed in KRS § 12.250, an executive agency official, or any member of the staff of any of those officials and a real party in interest, an employer, or an executive agency lobbyist with respect to an expenditure or financial transaction alleged in a statement to be filed under KRS § 11A.216 or 11A.221, the official, employee, real party in interest, employer, or executive agency lobbyist may file a complaint with the commission. The commission shall investigate the complaint.
(2) The complaint shall be filed at least three (3) days prior to the time the statement is required to be filed with the commission. The time for filing a disputed expenditure or financial transaction in any statement of expenditures or the details of a financial transaction shall be extended pending the final decision of the commission. This extension does not extend the time for filing the nondisputed portions of either type of statement. The commission shall notify the parties of its final decision by certified mail. If the commission decides the disputed expenditure or financial transaction should be reported, the employer, a real party in interest, or the executive agency lobbyist shall include the matter in an amended statement and file the amended statement not later than ten (10) days after receiving notice of the decision of the commission by certified mail.
(3) An employer, executive agency lobbyist, or real party in interest who files a false statement of expenditures or details of a financial transaction is liable in a civil action to any official or employee who sustains damage as a result of the filing or publication of the statement.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 172, sec. 6, effective July 15, 1996. — Created
1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 50, effective September 16, 1993.
(2) The complaint shall be filed at least three (3) days prior to the time the statement is required to be filed with the commission. The time for filing a disputed expenditure or financial transaction in any statement of expenditures or the details of a financial transaction shall be extended pending the final decision of the commission. This extension does not extend the time for filing the nondisputed portions of either type of statement. The commission shall notify the parties of its final decision by certified mail. If the commission decides the disputed expenditure or financial transaction should be reported, the employer, a real party in interest, or the executive agency lobbyist shall include the matter in an amended statement and file the amended statement not later than ten (10) days after receiving notice of the decision of the commission by certified mail.
Terms Used In Kentucky Statutes 11A.226
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Agency: means every state office, cabinet, department, board, commission, public corporation, or authority in the executive branch of state government. See Kentucky Statutes 11A.010
- Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of:
(a) Sending the document or package. See Kentucky Statutes 446.010 - Commission: means the Executive Branch Ethics Commission. See Kentucky Statutes 11A.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Lobbyist: means any person employed as a legislative agent as defined in KRS
6. See Kentucky Statutes 11A.010
(3) An employer, executive agency lobbyist, or real party in interest who files a false statement of expenditures or details of a financial transaction is liable in a civil action to any official or employee who sustains damage as a result of the filing or publication of the statement.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 172, sec. 6, effective July 15, 1996. — Created
1993 (1st Extra. Sess.) Ky. Acts ch. 4, sec. 50, effective September 16, 1993.