[HISTORY: Adopted by the Town Meeting of the Town of Easton 12-5-2022.[1]Amendments noted where applicable.]
A.Â
Public service is a public trust. Prohibitions on the conduct of
public servants are enacted not to deter interaction or employment
with the Town, but to preserve and enhance the trust placed in the
public servants of the Town of Easton. This Ethics chapter is intended
to prevent a public servant from using their job and official position
to benefit themselves or someone else with which they are associated.
These prohibitions are designed to promote public confidence in government,
and to protect the integrity of government decisionmaking by addressing
actual conflicts of interest as well as conduct that can create the
appearance of such conflicts when a public servant performs their
job.
B.Â
To that end, there shall continue to be an Ethics ordinance established
in order to acquaint the public with a desired level of ethics in
local government; to set suitable ethical standards for all public
officials and employees; to set forth general principles of conduct
to guide such officials and employees; and to prohibit acts or actions
of such officials and employees which are incompatible with the discharge
of proper public duties.
C.Â
Every effort has been made so that the language used in this chapter
is nonbinary.
As used in this chapter, the following terms shall have the
meanings indicated:
A person or entity associated with a public servant includes
a spouse, domestic partner, child, foster child, stepchild, parent,
sibling, in-law, or a person with whom the public servant maintains
a close familial relationship; a person with whom the public servant
has a business or other financial relationship; and, each entity in
which the public servant has a present or potential financial or other
interest.
Any transaction with the Town involving the sale, purchase,
rental, disposition or exchange of any goods, service, or property,
any license, permit, grant or benefit, and any performance of or litigation
with respect to any of the foregoing, but shall not include any transaction
involving a public servant's domicile or any ministerial matter.
Personal matters and financial matters which, if disclosed,
would be of detrimental interest to the Town and a violation of the
trust placed in that public servant. This entails identifying and
recognizing kinds of information: information that may be disclosed
with fellow Town employees; information that may be shared with members
of the public; not disclosing confidential information acquired in
the course of or in performing official duties; and, not using confidential
information to benefit yourself, or someone, or an entity, with which
you are associated.
The Town of Easton is committed to maintaining the highest integrity
in workplace behavior. Town employees have a duty to report incidents
of potential fraud, ethical issues, allegations of and/or witnessing
harassment and discrimination in the workplace. The types of matters
that can and should be reported within 90 workdays from the date of
discovery are the following:
Embezzlement or misappropriation of assets;
Intentional accounting omission or misrepresentations;
Financial statement fraud;
Internal control problems;
Bribery, kickbacks and corruption;
Falsification of contracts, reports or official records and
documents;
Conflicts of interest;
Theft of inventory, assets, or intellectual property;
Violation of the law or Town policy;
Self-dealing;
Misuse of Town property;
Vandalism and sabotage;
Ethics violations or misconduct;
Human resource concerns;
Discrimination and harassment;
Workplace violence or retaliation;
Substances abuse;
Identity theft; and,
Security of personal information.
This section shall not restrict report of bad acts by a public
servant after the ninety-day threshold, nor shall it be construed
to restrict or contravene any other applicable law, statute, regulation,
litigation, or other legal matter.
Town employees shall not have any interest, financial or otherwise,
direct or indirect, or engage in any business or transaction or personal
or professional activity or incur any obligation of any nature, which
is in conflict with the proper discharge of their duties in the public
interest. A public servant should refrain from personal investments
that conflict with their official duties and avoid transactions with
any entity in which the public servant may have a direct or indirect
financial interest.
For the purposes of this chapter, a "financial interest" is
any financial interest, direct or indirect, which is more than nominal
and which is not common to the interest of other citizens of the Town.
A "nominal" interest is greater than $10,000 and/or 20% ownership
or other pecuniary interest in an entity.
A gift is something that has a fair market value greater
than $15. A gift includes, but is not limited to: money, services,
gratuities, favor, loans, travel, lodging, meals, refreshments, entertainment,
forbearance (agreeing to change the terms for repayment of a debt),
or a thing or promise having a monetary value, or in any other form,
under circumstances under which it may be reasonably inferred that
the gift is intended to influence the Town officer, public servant,
employee, or member in the performance of their official duties.
A public servant shall maintain independent judgment with
respect to their position; shall zealously avoid situations in which
it may appear to a reasonable person that the public servant could
be influenced or would unlawfully attempt to influence another; conduct
oneself in a manner that seeks to avoid a reasonable suspicion from
members of the public that the public servant is personally benefiting
or unwarrantedly benefiting another by means of their official position.
Includes but is not limited to the interest of any subcontractor
in any contract with the Town and the interest of any public servant
or a person or entity with which they are associated in any corporation,
firm or partnership which has a direct or indirect interest in any
transaction with the Town.
An administrative act, including the issuance of a license,
permit, or other permission by the Town, which is carried out in a
prescribed manner and which does not involve personal discretion.
Includes any official, employee, agent, consultant, or member,
elected or appointed, of any board, department, commission, committee,
division, or other unit of the Town of Easton, paid or unpaid, with
the exception of employees and agents of the local or Region 9 Boards
of Education who shall be governed by regulations of said boards and
the General Statutes. For the purposes of this chapter, the terms
"public servant," "Town employee," "Town officer" shall be used and
interpreted interchangeably.
This chapter does not apply to residents of the Town of Easton
that are not public servants as defined in this section, and who attend,
testify, comment, vote, or otherwise interact with the Town at the
Annual or a Special Town Meeting, Town referenda, or other legislative
assembly.
Includes the offer, sale or furnishing of any real or personal
property, material, supplies or services by any person, directly or
indirectly, as vendor, prime contractor, subcontractor or otherwise,
for the use and benefit of the Town for a valuable consideration,
excepting the services of any person as a Town officer.
A.Â
No public servant shall engage in any transaction or shall have a
financial interest or other personal interest which is incompatible
with the proper discharge of their official duties in the public interest
or would reasonably tend to impair their independence of judgment
or action in the performance of their official duties.
B.Â
Without limiting the nature and type of potential conflicts of the
interest, the following examples of specific conflicts are hereby
set forth for the guidance of all public servants:
(1)Â
No public servant shall engage in or accept private employment or
render services for private interest when such employment or service
is incompatible with the proper discharge of their official duties
or would tend to impair their independence of judgment or action in
the performance of their official duties.
(2)Â
No public servant shall request or permit the use of Town-owned vehicles,
equipment, materials or property for personal convenience or profit
except when such are available to the public generally or are provided
in Town policy for the use of such Town officer in the interests of
the Town.
(3)Â
No public servant shall grant any special consideration, treatment,
favor or advantage to any person beyond that which is generally available
to residents and taxpayers of the Town.
(4)Â
No public servant or a person or entity with which they are associated
shall accept any gifts, things, favor, loans or promises as previously
defined in this chapter, which might tend to influence the performance
or nonperformance of their official duties.
(5)Â
No public servant shall, without proper written authorization, disclose
confidential information concerning the property, government, or affairs
of the Town, and may not use such information to advance the financial
or private interest of themselves or a person or entity with which
they are associated.
(6)Â
No paid public servant shall appear on behalf of a private interest before any board, agency, committee or commission of the Town; nor shall they represent, whether paid or unpaid, a private interest in any action or proceeding against the interest of the Town in any litigation to which the Town is a party, except if subpoenaed as a fact witness, or as noted in Subsection B(7) below. Nothing herein shall prohibit a public servant from appearing before any such board, agency, committee or commission on their own behalf.
(7)Â
An unpaid public servant may appear, with or without compensation,
before a board, agency, committee or commission of the Town other
than the Town entity of which they are a member, so long as such appearance
does not involve the use of confidential information as described
in this chapter, and such appearance is noted on the public servant's
financial disclosure form. Any question involving the ethics of such
appearance (as for example, a member of the Planning and Zoning Commission
representing a client before the Zoning Board of Appeals) shall be
referred to the Board of Ethics whose determination shall be final.
A.Â
The practice of giving or accepting gifts. The practice of giving
or accepting gifts regardless of innocent intentions can lead to the
perception that public servants may be more favorably disposed and
responsive to individuals who show their appreciation in a tangible
manner. Therefore, no public servant shall knowingly accept or provide,
directly or indirectly, any gift, thing, favor, loan or promise which
may tend to influence the performance or nonperformance of the public
servant's duties on behalf of the Town.
(1)Â
A notice shall be posted on the Town website and at Town Hall, stating,
"Pursuant to Town policy, we cannot accept gifts. We ask you to respect
this policy so as not to place the Town's public servants in
a compromising or uncomfortable position."
(2)Â
Any public servant who is offered an impermissible gift, thing, favor,
loan or promise from a known donor should thank the donor for the
thought behind the offer, but must decline or return the gift, thing,
favor, loan or promise citing this policy.
(3)Â
Any public servant who is offered a gift, thing, favor, loan or promise
from an unknown donor or one that cannot be returned must discard
the item or deliver it to a charitable organization with which the
officer is not associated, and may not use that charitable gift for
any personal tax purposes.
(4)Â
The public servant may not redirect an impermissible gift to a third
party, including a person with whom they are associated, or to a charitable
organization with which they are associated.
(5)Â
Multiple permissible gifts from the same source, even if each individual
gift is worth $15 or less, is impermissible, as it may create an actual
or an apparent conflict of interest or an appearance of improper influence.
B.Â
Exceptions. The following are permissible exceptions to the gifts
rules, so long as the acceptance does not create an actual or apparent
conflict of interest, or give the reasonable impression of improper
influence.
(1)Â
Awards or plaques in recognition of public service;
(2)Â
Honorary degrees;
(3)Â
Promotional items with no resale value;
(4)Â
Discounts available to the general public;
(5)Â
Gifts from family members and personal relationships where it is
clear that the relationship is longstanding and is not a pretext to
give an otherwise impermissible gift;
(6)Â
Meals and beverages provided to participants at professional and
educational programs;
(7)Â
Local travel payments for tours related to one's official activity;
(8)Â
Food or beverage at authorized events, so long as all participants
at the event are offered the same or similar food or beverages; and,
(9)Â
Complimentary attendance at events, expositions, exhibitions, conferences
or other proceedings relevant to the Town employee's work on
behalf of the Town.
C.Â
Election campaign donations. Nothing in this section shall preclude
the solicitation or acceptance of lawful contributions for election
campaign purposes, provided that the official accepting such contribution
shall recuse themselves from involvement with such donor's business
dealings with the Town during such campaign cycle, and for a six-month
period thereafter.
D.Â
Town funds.
(1)Â
Town funds may never be used to purchase gifts for employees, vendors,
or consultants, except as noted below.
(2)Â
The following exceptions to this policy are as follows:
(a)Â
Reimbursement for expenses by a person volunteering their time.
(b)Â
A plaque, certificate or ceremonial award costing less than
$150 to commemorate a significant life event such as retirement or
other employment related milestones.
(c)Â
Town funds may be used to purchase candy or cookies for general
distribution to employees, vendors, consultants, or the general public
and for reasonable quality and quantity of food and nonalcoholic beverages
for occasional in-office special events and an annual holiday party.
(d)Â
Food and gifts of nominal value if offered to all attendees
at conferences, special events and the like attended by Town employees.
(e)Â
Food or gifts of nominal value if offered to a department, office,
or the Town and not to an individual Town officer; and,
(f)Â
Gifts given entirely outside the scope of employment for which
it could reasonably be inferred that the gift was not intended to
influence official actions or offered as a reward for past official
actions.
E.Â
Questions. Any questions about whether or not to make or accept a
gift, thing, favor or promise should be referred to the First Selectman
for a determination as to propriety. If the donor or recipient is
the First Selectman, such inquiry should be brought to the attention
of the Board of Ethics. The determination of the First Selectman,
or the Board of Ethics, as the case may be, shall be binding and final.
A.Â
Any public servant having a financial interest in any transaction
with the Town, or in any action to be taken by the Town, shall first
divulge and disclose such interest, in writing, to the committee,
board or agency involved, and if no such committee, board or agency
is involved, to the Board of Selectmen; and shall further refrain
from using their office to exert their influence or vote on such transaction
or action. The First Selectman shall determine, and may consult with
the Board of Ethics, if recusal of the public servant in such circumstances
and in such matter is warranted.
B.Â
Within 60 business days of enactment of this chapter, the Board of
Ethics shall promulgate a financial disclosure form to be completed
within 60 days thereafter by the Town's officers, employees,
and public servants. All public servants hired or sworn in after such
date shall complete such form within 60 days after their starting
date of employment or being sworn in.
C.Â
The Board of Ethics may promulgate financial disclosure forms containing
differing level of disclosure, relevant to the public servant's
job title, job description, and substantive tasks performed on behalf
of the Town. The Board may modify, amend, or revise these forms in
its discretion upon 60 days notice, and shall consult with appropriate
Town directors regarding personnel policies and procedures, as well
as appropriate collective bargaining agreements.
D.Â
Such form shall be confidential, within the Town's legal ability
to assert such confidentiality.
The employment of associated persons within the Town of Easton
is permitted subject to the following procedures:
A.Â
Persons who are associated within the meaning of this chapter may
be employed by the Town of Easton.
B.Â
A "temporary" position is one for no more than a cumulative 10 weeks
per calendar year.
C.Â
An employee may not be the sole supervisor of a person with whom
they are associated for more than a cumulative 10 weeks per calendar
year.
D.Â
An employee is absolutely prohibited from participating in the hiring
of a person with whom they are associated, for a permanent position
with or on behalf of the Town. This blanket recusal continues even
after the associated person is hired. For example, direct supervision,
performance evaluations, or participation in discussions of promotions
or raises are also prohibited.
E.Â
An employee may participate in the hiring of a person with which
they are associated, for a temporary position in a division other
than the employee's, provided someone from the proposed hiring
division is the decisionmaker in the hiring process. As in permanent
hiring matters, direct sole supervision for more than 10 weeks per
calendar year, performance evaluations, or participation in discussions
of promotions or raises are also prohibited.
F.Â
Nepotism is prohibited. Nepotism occurs when a public official or
employee authorizes an associated person's employment or uses
their position in any way to obtain a public job for a person with
which they are associated. Thus, for example, a public servant may
not agree to hire a person with whom another Town employee is associated,
on the understanding that the Town employee will hire a person with
whom the public servant is associated.
A.Â
"Revolving door" refers to the movement of high-level employees from
public-sector jobs to private-sector jobs and vice versa. After leaving
public service, high-level employees and officials frequently engage
in business dealings with the entities they dealt with in their public
service. Alternatively, some private industry officials receive or
seek government appointments that relate to their former private posts.
This becomes an issue when former government officials utilize connections
formed and knowledge attained in public service to enrich themselves
or when former private sector employees are overly influential in
shaping, watering down, or augmenting pending legislation.
(1)Â
Former Town Selectmen are banned for a period of one year from their
last date of service from being paid by an outside party to communicate
with the Town in an attempt to influence certain actions or proceedings.
(2)Â
Former public servants may be paid by the Town if requested to appear
or advise on matters relating to their former public employment. The
Town Director of Finance shall determine if such appearance and payment
are necessary for the benefit of the Town. The Board of Ethics may
review said determination.
(3)Â
Former Town employees are permanently prohibited from being paid
by an outside party to appear in a specific proceeding or matter involving
specific parties (e.g., a lawsuit, administrative law hearing, or
a contract) in which the official previously and substantially participated.
B.Â
All public servants are prohibited from making, participating in
making, or influencing a Town-related decision that directly relates
to a prospective employer.
A.Â
Connecticut fair employment laws prohibit discrimination, including
sexual harassment and harassment based upon the following legally
protected classes: race, color, creed, age, sex, pregnancy, sexual
orientation, gender identity or expression, marital status, national
origin, ancestry, intellectual disability, genetic information, learning
disability, physical disability, including but not limited to blindness,
mental disability (past/present history thereof), military or veteran
status, or criminal record.
B.Â
These state laws cover all public and private employers that employ
three or more people. The Connecticut Commission on Human Rights and
Opportunities has the primary responsibility for administering and
enforcing these laws.
C.Â
The Town of Easton accordingly follows and adheres to these laws.
Violation of such is a violation of workplace conduct. The Town is
committed to maintaining a professional work environment that is free
of harassment and discrimination.
All Town officials and employees are free to engage in political
activity to the extent permissible by current law, and consistent
with the proper discharge of their official duties. Town employees
are to be treated with respect, and likewise, provide fair and equal
treatment of all townspeople and any others the public servant may
encounter. There are limitations upon political activity, as follows:
A.Â
No Town official, employee, or other public servant may allow partisan
political activity to interfere with or to affect, directly or indirectly,
the proper discharge of their official Town duties. This section does
not apply to routine appointments to boards or commissions of the
Town where political party registration is a factor, as for example,
appointment to the Board of Ethics.
B.Â
No Town employee may be ordered or required, directly or indirectly,
to participate in political activities.
C.Â
No Town employee may, while on official business, display at their
workstation, or wear any clothing, symbol, pin, or any other sign
or representation of partisan political preference.
A.Â
Within 60 days after enactment of this chapter, every Town employee,
and every newly hired, appointed, or elected public servant, shall
sign and file with the First Selectman an acknowledgement form supplied
by the First Selectman, indicating their awareness of and review of
the provisions of this chapter.
B.Â
Within 60 days after enactment of this chapter, every consultant
and person having business dealings with the Town of Easton shall
sign and file with the First Selectman an acknowledgement form supplied
by the First Selectman, indicating their awareness of the provisions
of this chapter. The First Selectman shall forward an additional copy
of the form to be filed with the Town board, commission, committee
or agency that retains the consultant or person having business with
that Town unit.
There shall continue to be a Board of Ethics in and for the
Town which shall be charged with the administration of this chapter
and which shall consist of five members, one of whom shall serve as
chair. Not more than three of said members shall be of the same political
party, and none of whom shall hold any of the elected or appointed
Town offices, or be a Town employee, or be a member of the Town committee
of any political party.
A.Â
One member of the Board shall serve a one-year term commencing January
1, 2022, and ending December 31, 2022.
B.Â
Two members of the Board shall serve a two-year term commencing January
1, 2022, and ending December 31, 2023.
C.Â
Two members of the Board shall serve a three-year term commencing
January 1, 2022, and ending December 31, 2024.
D.Â
Members of the Board of Ethics shall thereafter be appointed for
a two-year term. No member may serve more than six successive (consecutive)
years.
E.Â
The members of the Board shall, by majority vote of the Board, elect
a chair.
F.Â
The Board shall promulgate and adopt reasonable rules and regulations
for the administration of its proceedings. The rules and regulations
so promulgated and all amendments thereto shall be made available
at the office of the Town Clerk to any elector of the Town, and shall
be prominently posted on the Town website.
G.Â
Within 60 days after enactment of this chapter, the Board shall post
a video on the Town website explaining the parameters of this chapter.
All public servants are required to annually view this ethics video,
and to sign and file an acknowledgement form supplied by the Board,
indicating their compliance therein.
A.Â
The Board shall receive all complaints, in writing, of violation
of this chapter, shall investigate the same and, after giving the
public servant concerned an opportunity to be heard, shall, within
35 workdays make such findings and recommendations as it may deem
appropriate in each case to the Board of Selectmen, including penalties
as appropriate, and consistent with any other applicable rules and
regulations. The Board may request of the Board of Selectmen additional
time to investigate allegations of this chapter, which shall not be
unreasonably denied. The Board of Selectmen shall, thereupon, take
such action as it may deem appropriate.
B.Â
Pending the hearing and determination of charges of violation of
this chapter, the public servant against whom such charges have been
referred may be suspended with or without pay for a period not exceeding
35 workdays. Such determination shall be made by the first selectman
after consultation with the public servant's board, department,
commission, committee, division or other unit appointing authority
or head, and in accordance with any applicable collective bargaining
agreement.
C.Â
If such public servant is found guilty by the Board of Ethics of
the charges, the penalty or punishment may consist of a private or
public reprimand, a fine to be determined by the Board not to exceed
$25,000, suspension without pay for a period not exceeding 60 workdays,
demotion in grade and/or title, rescission of the consultancy, payment
to the Town of any financial gain realized as a result of the violation,
dismissal from Town employment or forfeiture of membership, whether
paid or unpaid, elected or appointed, from any board, department,
commission or committee, with the exception of employees and agents
of the local or Region 9 Boards of Education who shall be governed
by regulations of said boards and the Connecticut General Statutes.
This section shall be in accordance with any applicable collective
bargaining agreement.
D.Â
If the public servant is found not to have violated the charges referred,
they shall be restored to their position with full pay for the period
of suspension less the amount of any unemployment insurance benefits
received during such period.
E.Â
If the public servant against whom charges have been referred is
the First Selectman, then the Board of Ethics shall have plenary power
to determine the scope and manner of its investigation and shall also
possess unilateral power of suspension of the First Selectman from
office, as well as other penalties if any, to be imposed.
F.Â
Upon written request of any public servant, said board shall render
an advisory opinion, in writing, to such public servant with respect
to this chapter, and may publish same with appropriate redactions
so as to ensure confidentiality, and to provide guidance to other
Town employees.
