A.
Declaration of Policy.
1.
The proper operation of the government of the Town of Woodbury requires
that public officers, employees, and members of boards and commissions
be independent, impartial and responsible to the people; that governmental
decisions and policies be made in the proper channels of the government
structure and free from coercive or other improper influence; that
public office and employment not be used for personal gain; and that
the public have confidence in the integrity of its government.
2.
The purpose of this Section 901 is to set forth standards of ethical
conduct to assist public officers, employees, members of boards and
commissions and persons dealing with them, when they are in the performance
of their duties, so as to maintain and enhance a tradition of responsible
and effective public service.
3.
In the interest of ensuring that concerns regarding possible conflict
of interests are promptly raised, this Section 901 permits a concern
that a conflict of interest may exist to be raised by any Voter, regardless
of whether the Voter would be considered an aggrieved party as that
term is interpreted under Connecticut law. Any failure to observe
the procedures set forth in this Section 901 shall not, however, afford
a basis for an action for damages, injunctive relief or other remedy
against the Town, any Town board, commission, agency or employee,
or any member of any Town board or commission, or for challenging
a decision, license, permit or other action of a Town employee, board
or commission or member of same by a person who would not, but for
the provisions of this Section 901, have standing to bring such an
action.
B.
Definitions. The following definitions shall apply
to this Section 901:
1.
Conflict of Interest. A conflict of interest shall
be deemed to exist if any Town officer, employee, or member of any
board or commission has a financial or personal interest, direct or
indirect, in any purchase, contract, transaction, or decision involving
his office, board, commission or employment.
2.
Financial Interest. A financial interest shall be
deemed to exist if:
a.
Any such officer, member or employee might, directly or indirectly,
derive pecuniary or financial gain or suffer loss from any purchase,
contract, transaction or decision involving his office, board, commission
or employment; or
b.
A business or professional enterprise in which such officer, employee
or member has any interest as an owner, member, partner, officer,
employee or stockholder or has any other form of participation that
will be affected by the outcome of the matter under consideration.
3.
Personal Interest. A personal interest shall be
deemed to exist if any such officer, member or employee shall have
an interest with a person involved in any such contract, transaction
or decision by reason of:
4.
Material Conflict of Interest. A conflict of interest
shall be deemed to be material where a reasonable person would conclude
that the financial or personal interest:
C.
Disclosure of Conflict.
1.
Any Town officer, employee, or member of any Town board or commission
who has a conflict of interest as defined herein, whether or not such
conflict is material, shall disclose the interest causing such conflict
in writing to the Board of Selectmen.
2.
Any member of any Town board or commission who has a conflict of
interest, whether or not such conflict is material, shall, in addition
to the disclosure required by Section 901(C)(1) disclose the interest
causing such conflict to such board or commission, and such disclosure
shall be recorded in the board's or commission's minutes.
D.
Claim of Conflict. If a taxpayer or elector claims
in writing to the Board of Selectmen that any Town officer, employee,
or member of any Town board or commission has an undisclosed conflict
of interest, the Board of Selectmen shall record the claim in its
minutes. If such a claim is made against a member of a board or commission,
that board or commission also shall record the claim in its minutes.
E.
Determination of Materiality.
1.
In the event that a disclosure or a claim of a conflict of interest
with respect to any Town officer or employee has been made to the
Board of Selectmen, and the officer or employee does not disqualify
himself from matters with respect to which the conflict of interest
allegedly exists, the Board of Selectmen promptly shall inquire into
the facts of the matter and determine whether or not a conflict exists
and if so, whether it is material.
2.
In the event that a disclosure or a claim or a conflict of interest
with respect to any member of a Town board or commission has been
made to such board or commission, and the member does not disqualify
himself from matters with respect to which the conflict of interest
allegedly exists, the board or commission shall forthwith determine
by a majority of those members present, excluding the member whose
interest is in question, whether or not a conflict exists and, if
so, whether it is material.
F.
Disqualification. If it has been determined that
a material conflict of interest exists, the Town officer, employee
or member of any Town board or commission who has the conflict shall
be disqualified from discussing or acting upon any matter encompassed
by that conflict of interest, and shall leave the room during any
public hearing, discussions or deliberations regarding the matter.
Any Town officer, employee or member of any Town board or commission
may disqualify himself even though the conflict of interest has not
been determined to be material.
G.
Gifts and Favors. No Town officer, employee, or
member of any Town board or commission shall accept or receive, directly
or indirectly, anything of value (whether by rebate, gift, promise,
obligation or contract for future reward or compensation or otherwise)
as consideration for awarding or influencing the award of any decision,
permit, license, contract or purchase order by the Town.
H.
Representation. No person who is a member or has
within the past twelve (12) months been a member of the Planning Commission,
Zoning Commission, Zoning Board of Appeals, Historic District Commission
or Inland-Wetlands Commission shall appear on behalf of or represent
in any manner any person or entity other than himself before the Planning
Commission, Zoning Commission, Zoning Board of Appeals, Historic District
Commission or Inland-Wetlands Commission whether or not he is a member
of the board or commission hearing the matter.
I.
Independent Contractors. Before hiring any consultant,
independent contractor or other advisor, the officer, employee, board
or commission that proposes to hire the independent contractor shall
inquire whether the independent contractor has any conflict of interest
as that term is defined in this Section 901 or as defined in any code
of ethics or similar code applicable to the independent contractor.
Any such conflict shall be specified in the appropriate Town records
(such as minutes of any relevant board or commission). Prior to hiring
any independent contractor with a conflict, the officer, employee,
board or commission proposing to hire the independent contractor must
make a determination that the conflict is not material and/or that
despite the conflict, the independent contractor should be hired.
The decision and the reasons therefore must be a matter of public
record.
J.
Procedure. All claims pertaining to a violation
of this Section 901 shall be made, in writing, to the Board of Selectmen
and shall specify the facts of the violation and the provision of
this Section 901 that has been breached. The Board of Selectmen shall
select one (1) of its members and two persons who shall be electors
of Woodbury, not of the same political party and shall not be a Town
officer, employee or member of any Town board or commission. Such
body shall, after a hearing, adjudicate the matter, make written findings
of fact, conclusions of law, and its decision, and determine the penalty,
if any, which shall be imposed.
K.
Penalties.
1.
Any violation of this Section 901 may be grounds for removal from
any appointed office and/or dismissal from employment with the Town.
2.
Any violation of this Section 901 may be grounds for disciplinary,
civil, judicial or administrative action against the officer, employee
or member of a Town board or commission.
3.
Any violation of this Section 901 shall render any purchase, contract,
or transaction affected thereby voidable by the Board of Selectmen.
4.
Any violation of this Section 901 with respect to any decision of
a board or commission shall be subject to such remedies as may be
provided by law.
5.
The penalties provided above are in addition to any other penalties
provided by law to address violations of the provisions of this Section
901.
L.
Severability. In the event that the Town of Woodbury
establishes an Ethics Commission and adopts a Code of Ethics pursuant
to C.G.S. Section 7-148(c)(10)(B) which said ordinance provides, in
part, standards of conduct relating to conflicts of interest then
this Section 901, shall be superseded by those regulations.
A.
No official or employee of the Town, full or part-time, shall serve
on any board or commission to which the official or employee reports
or acts as staff.
B.
Except as otherwise provided in this Charter, the First Selectman,
the Selectmen, the Town Clerk, the Tax Collector, and members of the
Board of Finance shall hold no other Town office, and the provisions
of Section 9-210 of the General Statutes concerning incompatible Town
offices, boards or commissions shall apply to the officers described
therein.
C.
Subject to the restrictions set forth in Section 902(A) and (B) or
in applicable law, nothing in this Charter shall prevent the appointment
of the same person to more than one office, provided the offices are
not incompatible, provided the duties of the offices to which he is
appointed may, in the opinion of the Board of Selectmen, be satisfactorily
fulfilled by one person, and provided further that inability to fulfill
satisfactorily the duties of all offices to which he is appointed
shall be cause for removal from any one or more of said offices.
A.
Members' Attendance. Members of all boards and commissions are expected
to attend all meetings of such boards and commissions.
B.
Alternates' Attendance. Alternate members of all boards and commissions
are expected to attend all meetings of such boards and commissions.
Alternate Members are allowed to participate in all business to come
before such board or commission except, unless formally seated as
a Member, making/seconding motions, discussing or voting on a motion
or question, and holding an office on such board or commission.
C.
Any board or commission may permit Members and Alternate Members
to participate in a meeting by any means of communication by which
all Members, Alternate Members, and the public in attendance participating
at said meeting, may simultaneously hear each other during said meeting.
Participation at meetings, by such other means of communication, should
be limited to unusual circumstances making participating in person
impossible, difficult or impractical.
D.
In order for a board or commission to have a meeting, it is required
that a quorum of its members be present at said meeting. A quorum
shall consist of a bare majority of the Members of said board or commission.
For the purpose of attaining a quorum as well as for the purpose of
having the entire membership of a board or commission present at its
meeting, Alternate Members may be seated in place of absent Members.
E.
Seating of Alternate Members. The Chairperson of each board and commission
shall appoint an Alternate Member(s) whenever a Member(s) is absent
or temporarily not able to fulfill his/her responsibilities as such
Member. Such appointment of Alternate Member(s) shall be done in rotating
order (with a record maintained in the minutes of said board or commission)
regardless of political affiliation. If a Member(s) arrives late to
a meeting, the Alternate Member shall remain seated until the conclusion
of the immediate item of business under consideration, at which time
the Member(s) may be seated.
F.
Voting. All Members of all boards and commissions, who have not been
disqualified shall vote on all matters upon which a vote is held by
such board or commission unless there shall be reasonable cause for
abstention and said reasonable cause shall be stated and recorded
in the minutes of the meeting.
G.
If a vote, on any matter which comes before a board or commission,
is postponed until a future meeting of said board or commission ("Postponed
Matter"), and if an Alternate Member was seated at the meeting where
a vote was postponed on any matter ("Prior Meeting Seated Alternate
Member"), then for purposes of voting on the Postponed Matter, the
Prior Meeting Seated Alternate Member shall be seated at such future
meeting for purposes of voting on the Postponed Matter.
H.
Statement of Reasons. In every case where the action of any board
or commission is subject to a right of appeal to another administrative
body or to any court of the State of Connecticut, a statement of the
reasons for the action of such board and commission shall be included
in the minutes of the meeting.
