Ky. Admin. P. Ct. Justice. II

As amended through December 19, 2024

Section II - [Effective 1/1/2025] Procurement

2.01Contracting Authority of the AOC

(A) As the fiscal agent of the KCOJ, the AOC is authorized to enter into and perform contracts upon such terms as the AOC Director may deem appropriate, as may be necessary to conduct the work of the KCOJ. Contracting authority for the AOC is vested in the AOC Director. The AOC Director may delegate any level of contracting authority to appropriate AOC personnel.

(B) All contracts binding any KCOJ official or employee to undertake any action in their official capacity must be referred to and reviewed by the AOC, Office of Finance and Administration, Department of Financial Services, Division of Procurement ("AOC Division of Procurement"), approved by the Office of General Counsel, and executed by the AOC Director or designee on behalf of the KCOJ.

2.02Centralized Procurement Function

(A) The procurement and purchasing function of the KCOJ is centralized in the AOC Division of Procurement. All purchases necessary to conduct the work of the KCOJ must be executed by the AOC Division of Procurement in accordance with the AOC Procurement Policy.

(B) Any KCOJ elected official and all authorized KCOJ employees may submit a requisition to the AOC Division of Procurement to initiate a purchase or procurement.

(C) All purchases and procurements for the KCOJ must be made in compliance with the AOC Procurement Policy.

2.03Use of Public Funds of the KCOJ

Public funds of the KCOJ include all general fund receipts and all agency revenue fund receipts, except for donations or grants.

(A) General

(1) Expenditures of public funds are only allowed as may be necessary to conduct the work of the KCOJ.

(a) Public funds may be used to purchase honoraria for speakers or dignitaries attending KCOJ events up to $50 per person.

(b) Public funds may be used for investitures and portrait dedication ceremonies for Supreme Court Justices.

(2) Expenditures must be reasonable in amount, beneficial to the public, and not personal in nature.

(B) Unallowable expenditures

Public funds may not be used for the following unallowable purposes:

(1) Alcoholic beverages;

(2) Food or beverages for KCOJ officials or employees, except that the following purchases of food and non-alcoholic beverages are allowable:

(a) Filtered water;

(b) Beverages provided at public meetings or to the public;

(c) Food or beverages provided for KCOJ officials or employees in travel status in lieu of daily per diems for meal reimbursement;

(d) Food or beverages provided at judicial colleges and circuit court clerk colleges;

(e) Food, beverages, and paper products provided for meetings or work groups hosted by a Supreme Court Justice;

(f) Beverages and paper products provided for meetings or work groups hosted by the Court of Appeals;

(g) Food, beverages, and paper products for boards or commissions of the Supreme Court; and

(h) Upon the approval of the AOC Director or designee, lunches for work groups, events, or conferences that require KCOJ officials or employees to work through lunch;

(3) Donations, unless authorized by Supreme Court order;

(4) Cash or cash equivalents, including gift cards;

(5) Incentives for program participants;

(6) Drug tests for litigants or defendants, except as authorized by AP Part XIII Procedures for Drug Court for Specialty Court participants or as authorized by an appropriation from the General Assembly;

(7) Employee parties, including retirement receptions;

(8) Employee recognition or retirement gifts;

(9) Flowers, unless provided for a public event;

(10) Holiday cards;

(11) Holiday decorations;

(12) Kitchen appliances for KCOJ official or employee use, except for refrigerators and other appliances installed as a permanent fixture of the building, except that microwaves may be purchased for use in break rooms; and

(13) Paper products, utensils, and dishes for KCOJ official or employee use.

(C) If a purchase is an unallowable expenditure of public funds, it may nonetheless be purchased using grant funds, donations, or judges' administrative expense funds if allowed by the applicable grant agreement, approved by the grantor or donor, or authorized by Supreme Court order.

2.04Ethics

(A) KCOJ officials and employees are required to maintain complete independence and impartiality in dealings with vendors, both in fact and in appearance.

(B) No KCOJ official or employee may benefit, either directly or indirectly, in their own name or in the name of any other person or entity, from any contract entered into by the AOC.

(C) No KCOJ official or employee shall knowingly receive or agree to receive, directly or indirectly, compensation for any services rendered or to be rendered, either by themselves or another, in any cause, proceeding, or other matter which is before any court or office in the KCOJ.

(D) No KCOJ official or employee shall rent, lease, or sell any realty, goods, or services to the KCOJ.

(E) No gifts, cash, cash-equivalents, or other things of value may be solicited or received, either directly or indirectly, by any KCOJ official or employee involved in a requisition or award of contract as a means to influence the award of the contract.

2.05Exceptions

Exceptions to Section II may only be approved by the AOC Director or designee upon a finding that the exception is in the best interests of the KCOJ.

Ky. Admin. P. Ct. Justice. II

Amended by order 2024-39, eff. 1/1/2025.