There is hereby created a Board of Ethics, which shall be charged
with the administration of the Code of Ethics.
A.
The Board of Ethics shall be composed of four regular members and
two alternate members, all of which shall be resident electors, to
be appointed by the Town Council. Of the four regular members initially
appointed, two shall be appointed for a term of three years and two
shall be appointed for a term of two years. No political party shall
have as appointees more than two regular members and one alternate
member on the Board of Ethics at one time. All subsequent appointments
to the Board of regular members and all appointments of alternate
members shall be for a term of three years. Any member having served
for six years in succession shall be ineligible for reappointment
to the Board. For individuals filling a vacancy, successive years
of service will commence with the next appointment period. All members
shall be electors of the municipality. No member shall:
[Amended 5-8-2017]
B.
If a regular member of the Board of Ethics is absent or is disqualified,
the Chairman of the Board shall designate an alternate to so act,
choosing alternates in rotation so that they shall act as nearly equal
in number of times as possible. If an alternate is not available in
accordance with such rotation, such fact shall be recorded in the
minutes of the meeting.
A.
Officers. At its annual meeting, the Board of Ethics may elect a
Chairperson, Vice Chairperson and Secretary to serve consistent with
tenure of appointment until a successor shall be elected.
B.
Meeting. The annual meeting of the Board of Ethics shall be held
on the third Wednesday of each January. At such meeting, a schedule
for any further meeting for that year shall be set, and election shall
be held. Other meetings may be called by the Chairperson, Vice Chairperson
or any two members of the Board.
[Amended 4-24-2006]
The Board of Ethics shall adopt rules of procedure, orders and
regulations which it deems necessary to carry out the intent of § 7-479
of the Connecticut General Statutes and this chapter. All such rules,
orders and regulations and amendments thereto and all proceedings
of the Board shall be filed in the office of the Town Clerk and available
for public inspection.
[Amended 7-11-1995; 4-24-2006]
A.
Authority. The Board of Ethics shall have power to investigate a
written complaint concerning official conduct of any department or
agency of the Town government or of any Town office, member of any
board, commission or agency, or employee thereof. The Board shall
not consider any complaint alleging a violation of the Code of Ethics
established herein unless such complaint is received by the Board
within a period of two years from the date on which the act or omission
complained of should have been, with reasonable diligence, discovered
by the complainant.
B.
Form and content of complaint. The Board of Ethics shall receive
complaints from any person of any violation of the Code of Ethics
and shall investigate each complaint and may hold a hearing thereof
if, in the opinion of the majority of the Board, the complaint warrants
a hearing. Any complaint received by the Board must be in writing
and must be a verified complaint signed under oath affirming the truth
of the allegations.
C.
Initial determination. Upon receiving a verified complaint under
oath of an alleged violation of the Code of Ethics, the Board of Ethics
shall, within 15 days, notify in writing the respondent advising the
concerned party of the specific nature of the complaint made and being
investigated by the Board. Upon receipt of such notice, the party
so notified shall have the right to demand a hearing by the Board
within 15 days.
D.
Dismissal. If the Board of Ethics determines that the verified complaint
does not allege fact sufficient to constitute a violation of the Code
of Ethics or the Charter of the Town, it shall dismiss the complaint
and notify the complainant and the respondent.
E.
Hearing. If the Board of Ethics decides that a hearing is required,
or the respondent demands a hearing, such hearing shall afford the
respondent the right to be represented by counsel, the right to cross-examine
anyone testifying against him/her, to answer any complaint made of
his/her conduct, and to present evidence in his/her own behalf. The
respondent shall also have the right to face the complainant. No hearing
may be conducted with less than three Board members in attendance.
F.
Subpoenas. Pursuant to § 7-148h of the Connecticut General
Statutes, and any amendments or substitutes therefor, the Board of
Ethics shall have power to issue subpoenas or subpoenas duces tecum,
enforceable as therein provided. The Board of Ethics shall have the
power to administer oaths, compel attendance of witnesses and require
the production of books and papers. At any such hearing, all proceedings
shall be recorded by a duly licensed stenographer.
G.
Decision. A finding of a violation shall require three affirmative
votes.
H.
The written complaint and the record of the investigation and evaluation
thereof shall be confidential until the Board of Ethics makes a finding
of probable cause except upon request of the respondent.
(1)
If the evaluation is confidential, any information supplied to or
received from the Board shall not be disclosed to any third party
by a subject of the evaluation, a person contacted for the purpose
of obtaining information or by a Board or staff member. No provision
of this subsection shall prevent the Board of Ethics from reporting
the possible commission of a crime to the Chief State's Attorney or
other prosecuting authority.
(2)
Not later than three business days after the termination of the investigation,
the Board shall inform the complainant and the respondent of its finding
and provide them a summary of its reasons for making that finding.
The Board shall publish its finding upon the respondent's request
and may also publish a summary of its reasons for making such finding.
(3)
The Board shall make public a finding of probable cause not later
than five business days after the termination of the investigation.
At such time, if the Board finds probable cause, the entire record
of the investigation shall become public.
(4)
If the Board makes a finding of no probable cause, the complaint
and the record of its investigation shall remain confidential, except
upon the request of the respondent and except that some or all of
the record may be used in subsequent proceedings. No complainant,
respondent, witness, designated party, or Board or staff member shall
disclose to any third party any information from the investigation,
including knowledge of the existence of a complaint, which the disclosing
party would not otherwise have known. If such a disclosure is made
and it is concluded that the complainant is the source of the disclosure,
then the Board may dismiss the complaint.
[Amended 5-8-2017]
[Amended 7-11-1995; 4-24-2006; 10-9-2012; 12-9-2013; 5-8-2017]
A.
If the Board of Ethics makes a finding of a violation of this Code,
it may issue punishment by:
[Amended 7-11-1995; 5-8-2017]
Any respondent aggrieved by the decision of the Board regarding
a finding of a violation may within 30 days take an appeal to the
Superior Court for the Judicial District of New Britain. If the aggrieved
respondent is successful in his appeal, then the Town of Southington
shall reimburse reasonable attorney's fees to the aggrieved respondent
in an amount not to exceed $10,000.
A.
Any person subject to the provisions of this chapter may request
in writing an advisory opinion from the Town Attorney as to whether
any activity contemplated by such person would be in violation of
the provisions of this chapter.
B.
Any request for opinions, and the opinions rendered therein, shall
be confidential and shall not be open to public inspection or disclosure
without the written consent of the person requesting the opinion.
C.
All newly elected and appointed officials shall meet with the Town
Attorney within 30 days of their election or appointment to review
the ethics ordinance.
[Added 5-8-2017]
