Title 009 | Chapter 001 | Regulation 070


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FINANCE AND ADMINISTRATION CABINET
Executive Branch Ethics Commission
(New Administrative Regulation)

9 KAR 1:070.Standards of Ethical Conduct for Transition Team Members and Disclosure Form.

Section 1.

Definitions.

(1)

"Agency" is defined by KRS 11A.047(1)(a).

(2)

"Commission" means the Executive Branch Ethics Commission as established by KRS 11A.060.

(3)

"Engage" is defined by KRS 6.611(13) and 11A.201(4).

(4)

"Executive agency decision" is defined by KRS 11A.201(8).

(5)

"Executive agency lobbying activity" is defined by KRS 11A.201(10).

(6)

"Financial Impact" means to have an effect on the financial position of a person or business whether or not the impact is positive or negative.

(7)

"Gifts" is defined by KRS 11A.010(5).

(8)

"Legislative matter" is defined by KRS 6.611(25).

(9)

"Lobby" is defined by KRS 6.611(27).

(10)

"Newly elected official" means a person elected to an office listed in KRS 11A.010(9)(a) to (g) who has not yet been sworn into office.

(11)

"Non-public information" is defined by KRS 11A.047(1)(b).

(12)

"Regular election" is defined by KRS 446.010(37).

(13)

"Transition team" is defined by KRS 11A.047(1)(c).

(14)

"Transition team lead" means a person designated by the newly elected official to manage the transition team on behalf of the newly elected official.

(15)

"Transition team member" is defined by KRS 11A.047(1)(d).

(16)

"Transition team end date" is the date of inauguration for the newly elected gubernatorial official or the swearing-in date for all other newly elected officials.

Section 2.

Newly Elected Official Disclosure of Transition Team Lead.

(1)

The commission shall notify the newly elected official of all disclosure requirements within five (5) business days of the date of the regular election.

(2)

If the newly elected official decides to create a transition team as provided in KRS 11A.047(2), then the newly elected official shall file with the commission a Transition Team Lead Designation form EBEC-301, as required by KRS 11A.047(4), within ten (10) business days of the date of the regular election.

(3)

The newly elected official shall ensure that the Transition Team Lead Designation form EBEC-301 that is filed with the commission is current and notifies the commission by filing an amended Transition Team Lead Designation form EBEC-301 within five (5) business days of any additions to or departures from the transition team leadership until the transition team end date.

Section 3.

Transition Team Member Lists.

(1)

The commission shall notify each transition team lead of all disclosure requirements within fourteen (14) business day of the date of the regular election.

(2)

The transition team lead shall file with the commission a Transition Team Members List form EBEC-302, as required by KRS 11A.047(4), within twenty (20) business days of the date of the regular election.

(3)

The transition team lead shall ensure that the Transition Team Members List form EBEC-302 that is filed with the commission is current and shall notify the commission by filing an amended Transition Team Members List form EBEC-302 within five (5) days of any additions to or departures from the transition team until the transition team end date.

Section 4.

Transition Team Member Disclosure.

(1)

Prior to beginning service on a transition team, every transition team member shall file with the commission, as required by KRS 11A.047(7), a Transition Team Disclosure Statement form EBEC-303.

(2)

The transition team member shall update the Transition Team Disclosure Statement form EBEC-303 filed with the commission within five (5) business days of any employment, business interest, or transition team assignment changes that would have a material effect on their originally filed Disclosure Statement form EBEC-303 until the transition team end date.

(3)

The transition team member shall update the Transition Team Disclosure Statement form EBEC-303 filed with the commission within five (5) business days of the acceptance of any gifts over $25 or acceptance of future employment as required by KRS 11A.047(7)(f) until the transition team end date.

(4)

The transition team member shall update the Transition Team Disclosure Statement form EBEC-303 filed with the commission within five (5) business days of any new recusals required pursuant to KRS 11A.047(7)(h) until the transition team end date.

(5)

The commission shall notify any transition team member who fails to file the Transition Team Disclosure Statement form EBEC-303 within ten (10) business days after beginning their initial service.

(6)

If within ten (10) business days of receiving notice from the commission, the transition team member has failed to file the required Transition Team Disclosure Statement form EBEC-303, the Commission will send notice to the newly elected official and transition team leads that the transition team member should be removed from the transition team and discontinue all activities on behalf of the transition team until the form is filed.

Section 5.

Standards of Ethical Conduct for Transition Teams.

(1)

All transition team members shall:

(a)

Comply with KRS 11A.047(5) and (6);

(b)

Document in writing all state agencies where they may be granted access to nonpublic information obtained for purposes of the transition process;

(c)

Recuse from any assignment with which they have a financial interest as defined by KRS 11A.047(6)(a) through (g); and

(d)

Ensure that their disclosures which are on file with the Commission are accurate and current until the transition team end date.

(2)

Recusals must be documented on the Transition Team Disclosure Statement form EBEC-303 filed with the commission prior to beginning service on the transition team.

(3)

Recusals that arise after beginning service on the transition team must be documented by filing an updated Transition Team Disclosure Statement form EBEC-303 with the Commission until the transition team end date.

Section 6.

Current and Former Registered Lobbyists. All transition team members who are registered lobbyists under KRS 6.801 to 6.829 and KRS 11A.201 to 11A.246 or are former lobbyists who were registered under KRS 6.801 to 6.829 and KRS 11A.201 to 11A.246 during the twelve (12) month period prior to becoming a transition team member shall:

(1)

Disclose his or her current or previous registration as a lobbyist during the twelve (12) months prior to becoming a transition team member on the Transition Team Member Disclosure Statement form EBEC-303 filed with the commission;

(2)

Recuse from involvement in a decision-making capacity on the transition team from any executive branch decision or legislative matter that would have a financial impact on his or her executive agency lobbying activities or legislative lobbying engaged in during the previous twelve (12) months;

(3)

Not use or reveal any nonpublic information he or she receives in his or her tenure as a transition team member in any current or future executive agency lobbying activity or legislative lobbying; and

(4)

Not receive nonpublic information regarding matters that financially impact his or her clients for whom he or she was engaged to lobby.

Section 7.

Submission. The forms required by this administrative regulation, which are filed with the commission, shall be submitted as follows:

(1)

By hard copy via hand-delivery or U.S. Mail to the Commission's address;

(2)

Electronically by facsimile to (502) 696-5091; or

(3)

Electronically by electronic mail to ethicsfiler@ky.gov.

Section 8.

Incorporation by Reference.

(1)

The following material is incorporated by reference:

(a)

"Transition Team Lead Designation" EBEC-301 (Rev. 01/2022);

(b)

"Transition Team Members List" EBEC-302 (Rev. 01/2022); and

(c)

"Transition Team Disclosure Statement" EBEC-303 (Rev. 01/2022).

(2)

This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Executive Branch Ethics Commission, 1025 Capital Center Drive, Suite 104, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The material incorporated by reference is also available on the commission's website at https://ethics.ky.gov/Pages/default.aspx.

JUDGE ROGER L. CRITTENDEN (RET.), CHAIRMAN
APPROVED BY AGENCY: January 19, 2022
FILED WITH LRC: February 9, 2022 at 1 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on April 21, 2022, at 1:00 p.m., via Video Teleconference platform Zoom https://us02web.zoom.us/j/89517732224?pwd=cXl6UGVmSi9halNhWDRMM29adEUwUT09 Meeting ID: 895 1773 2224, Passcode: Open, by phone at +1 929 205 6099 US (New York), Meeting ID: 895 1773 2224, Passcode: 018719, and at the primary physical location of Shared Boardroom, Capital Complex East, 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing was received by that date, the hearing may be cancelled. A transcript of this hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through April 30, 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Steven T. Pulliam, General Counsel, Executive Branch Ethics Commission, 1025 Capital Center Drive, Suite 104, Frankfort, Kentucky 40601, phone (502) 564-7954, fax (502) 695-5939, email EthicsFiler@ky.gov.

REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Steven T. Pulliam
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation fulfils the requirements of KRS 11A.047 to establish a code of conduct for Constitutional Officer Transition Teams and provides forms for the members of Transition Teams to file disclosures with the Executive Branch Ethics Commission.
(b) The necessity of this administrative regulation:
This administrative regulation is required by KRS 11A.047(3) and (7).
(c) How this administrative regulation conforms to the content of the authorizing statutes:
This administrative regulation provides the standards of conduct, guidance, and forms required by KRS 11A.047(3) and (7).
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This is a new administrative regulation.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This is a new administrative regulation.
(b) The necessity of the amendment to this administrative regulation:
This is a new administrative regulation.
(c) How the amendment conforms to the content of the authorizing statutes:
This is a new administrative regulation.
(d) How the amendment will assist in the effective administration of the statutes:
This is a new administrative regulation.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
Constitutional Officers, newly elected Constitutional Officers who have not yet taken office, Executive Agency Lobbyists, Legislative Lobbyists, any individual who serves on a Transition Team.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
They will have to follow the standards of conduct and file the required forms with the Executive Branch Ethics Commission.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There is no known cost associated with this amended administrative regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
All entities listed in answer to question (3) will have guidance and notice as to the requirements of KRS 11A.047, the standards of conduct for Transition Team members, and the required disclosure forms.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
Minimal costs to the Executive Branch Ethics Commission associated with the publication of training materials and conducting education.
(b) On a continuing basis:
Minimal annual costs to the Executive Branch Ethics Commission associated with the ongoing publication of training materials, conducting education, and engaging in enforcement actions for those who allegedly violate the standards established.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
The Commission’s existing budget.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
This administrative regulation will not require an increase in fees. The Commission is seeking sufficient general fund monies to support the enforcement of KRS 11A.047; however, this new administrative regulation by itself should not require an increase in funding.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This administrative regulation does not establish any fees.
(9) TIERING: Is tiering applied?
Tiering was not applied because this administrative regulation applies equally to all affected individuals.

FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
The Executive Branch of state government.
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 11A.047(3) and (7).
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
The administrative regulation will not generate any revenue.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
This administrative regulation will not generate any revenue? The administrative regulation will not generate any revenue.
(c) How much will it cost to administer this program for the first year?
$1500 for publications and training; funds already included in the Executive Branch Ethics Commission’s budget.
(d) How much will it cost to administer this program for subsequent years?
$1500 for publication and training; funds already included in the Executive Branch Ethics Commission’s budget.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
None
Expenditures (+/-):
None
Other Explanation:

7-Year Expiration: 7/19/2029

Last Updated: 8/29/2022


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