[HISTORY: Adopted by the Town Council of the Town of Newington 9-22-1987
(§§ 2-41 to 2-54 of the 1974 Code). Amendments noted where
applicable.]
The proper operation of democratic government requires that public officials,
employees and other persons involved in the governmental process and in the
services rendered by government be independent, impartial and responsible
to the people; that government decisions and policy be made in the proper
channels of the governmental structure; that public office not be used for
personal gain; and that the public have confidence in the integrity of its
government. In recognition of these goals this Code of Ethics is established
with the purpose of setting forth guidelines, standards and limitations consistent
with the best interests of the Town.
[Amended 10-23-1991; 10-28-1997
by Ord. No. 9597-13]
As used in this chapter, the following words shall have the following
meanings:
Any business, proprietorship, firm, partnership, person in representative
or fiduciary capacity, association, venture, trust or corporation.
Any person who files a complaint pursuant to § 32-11G of this chapter. After a finding of probable cause, the Board of Ethics shall become the complainant.
Any person receiving a salary or wages from the Town or Board of
Education for services rendered, whether full-time or part-time.
Direct or indirect pecuniary or material benefit accruing to a public
official or employee as result of a contract or transaction which is or may
be the subject of an official act or action by or with the Town, except for
such contracts or transactions which by their terms and by the substance of
their provisions confer the opportunity and right to realize the accrual of
similar benefits to all other persons and/or property similarly situated.
For the purposes of this chapter, a public official or employee shall be deemed
to have an interest in the affairs of:
Any person related to him by blood or marriage in a degree closer than
the fourth degree of consanguinity or affinity (determined by the civil law
method);
Any person or business entity with whom a contractual relationship exists
with the public official or employee or member of his or her immediate family;
Any business entity in which the public official or employee is an officer,
director or member having a financial interest in or employed by;
Any business entity in which the stock of, or legal or beneficial ownership
of, in excess of 5% of the total stock or total legal and beneficial ownership,
is controlled or owned directly or indirectly by the public official or employee.
Any legislative, administrative, appointive or discretionary act
of any public official or employee of the Town or any agency, board, committee
or commission thereof.
The chairman, vice chairman, treasurer or secretary (or comparable
titles) of any organized political party Town committee.
Any person holding elective or appointive office in the government
of the Town, and shall include, but not be limited to, the Town Treasurer,
the Town Attorney, members and alternate members, if any, of the Town Council,
the Board of Education, the Board of Fire Commissioners, the Town Plan and
Zoning Commission, the Zoning Board of Appeals, committees appointed to oversee
the construction or improvement of Town facilities, or any other board, commission
or agency.
Any public official or employee against whom a complaint has been filed pursuant to § 32-11G of this chapter.
[Amended 10-23-1991]
A.
Generally. Public officials and employees have a special
responsibility by virtue of the trust invested in them by the Town's residents
to discharge their duties conscientiously, impartially, and to the best of
their ability, placing the good of the Town above any personal or partisan
considerations.
B.
Official conduct. Public officials and employees shall
be guided in the discharge of their duties by the following considerations:
(1)
Public officials and employees have an obligation to
act morally and honestly in discharging all assigned responsibilities.
(2)
Public officials and employees will conduct themselves
with propriety, discharge their duties impartially and fairly, and make continuing
efforts toward attaining and maintaining high standards of performance.
(3)
Individuals who consent to serve on Town boards or commissions
are expected to devote the necessary time and effort to these commitments.
(4)
Public officials or employees shall not use, or attempt
to use, either directly or indirectly, their Town positions to secure any
preferential right, benefit, advantage or privilege for themselves or for
others, including without limitation anyone related to their occupations or
sources of income.
(5)
Should a public official or employee be requested or
ordered to perform an illegal or unethical act or an act that conflicts with
this Code of Ethics, that individual should be guided by standards of morality
rather than by standards of expediency and should refuse to comply with such
a request or order. This principle is not to be construed as encouraging arbitrary
or capricious nonconformity with job assignments but to ensure that all public
officials and employees recognize that the responsibility for ethical conduct
ultimately rests with each individual.
[Amended 10-23-1991]
Public officials and employees often have access to vehicles, equipment,
supplies, property, labor and other Town resources in connection with the
conduct of their official business. Since there may be instances where the
distinction between the use of such resources for official purposes and for
personal conveniences or advantage may be ambiguous, it is incumbent upon
all such individuals to make absolutely certain that there be no misuse of
public property.
A.
Town property. Town-owned vehicles, equipment, supplies,
property, labor and other Town resources will be used only for the conduct
of official business in accordance with administrative duties as ordained
by Town policy.
B.
Travel reimbursement. Requests for Town reimbursement
for travel, lodgings or any other expenses incurred in connection with official
business shall be in accordance with administrative direction as ordained
by established Town policy.
[Amended 7-21-1988; 10-23-1991]
Public officials and employees often have occupations, professions,
businesses, or have financial or personal interests that interface with Town
government operations. It is expected that public officials and employees
will be acutely sensitive to possible conflict of interest issues and that
they will conduct themselves in a manner that will scrupulously avoid any
conflict of interest.
A.
Personal gain. Public officials and employees shall not
use their office or Town employment or special knowledge about Town affairs
obtained in connection with their office or position in the Town to procure
contracts with the Town. They shall not disseminate this information to another
person for personal advantage unless this information is available to the
general public.
B.
Preferential treatment. Public officials and employees
shall not offer or render preferential treatment to others on the basis of
such factors as family ties, financial interests, or other personal interests.
C.
Contracts. Public officials and employees shall not offer
or render preferential treatment to others in regard to Town contracts on
the basis of such factors as family ties, financial interests or other personal
interests.
D.
Undue influence. Public officials and employees shall
refrain from attempting to influence anyone concerning the awarding of Town
contracts on the basis of such factors as family ties, financial interests
or other personal interests.
E.
Financial interest. A public official or employee who
has any financial or other private interest in any official action under consideration
shall disqualify himself or herself from participating in the deliberation
and decisionmaking thereupon.
F.
Appointment. No employee of the Town shall be appointed
to any board, commission or other Town body that deliberates and/or makes
decisions directly or indirectly affecting that employee's remuneration or
working conditions.
G.
Disclosure of interest. Any elected or appointed Town
public officials or any Town employees who have a personal or financial interest
in any matter to be acted upon or coming before their board, commission or
office shall make full record disclosure in writing of that interest, which
shall be incorporated in the minutes of the particular board, commission or
office, and a full copy of such minutes shall be filed as required by the
freedom of information laws of the State of Connecticut,[1] and such person shall be disqualified to act in any way upon such
matter. Violation of this section with knowledge, expressed or implied, will
make said decision voidable.
[1]
Editor's Note: See C.G.S. § 1-200 et seq.
H.
Personal interest. Any person having cause to believe
that a public official or employee has a personal interest in any matter which
is coming before or which has been before that public official or employee
in that individual's capacity as such public official or employee which is
incompatible with the proper discharge of said individual's official duties,
or that there has been a violation of any provision of this chapter, may make
this known to the Board of Ethics.
[Amended 10-23-1991]
A.
Confidential information. No public officials or employees
shall, without prior formal authorization of the public body having jurisdiction,
disclose any confidential information or divulge personal matters pertaining
to others that do not bear upon the public official's or employee's discharge
of official duties. It is understood that requests for public information
be disclosed or withheld in accordance with the state regulations on freedom
of information.
B.
Personal gain. Whether or not it shall involve disclosure,
no public officials or employees shall use or permit the use of confidential
information to advance their financial or personal interest or to advance
or to damage the financial or personal interest of any other person.
[Amended 10-23-1991]
A.
Acceptance of gifts. No public officials or employees
shall solicit any gift, or accept any gift having more than a twenty-five-dollar
value, from any person, firm or corporation which, to their knowledge, is
interested directly or indirectly in any manner whatsoever in business dealings
with the Town or is interested in any matter which is pending or to be presented
before the Council or any board, commission or agency of the Town.
B.
Public occasions. Section 32-7, pertaining to acceptance of gifts, does not preclude the acceptance of gifts at the time of retirement or at public occasions held to honor a public official or employee. The public honoring of an individual makes gifts appropriate and acceptable.
C.
Turnover of gifts. If it is impossible or inappropriate
to refuse a gift or offering, then it shall be turned over to the Town Manager
or Superintendent of Schools or charitable institution. If turned over to
a charitable institution, it shall be reported to the Town Manager, or the
Superintendent of Schools if an employee of the Board of Education, in writing.
D.
Campaign contributions. The provisions of this section
shall be inoperative for contributions made to candidates for elected office
in the Town or to solicitations for such contributions. Contributions of this
sort shall be governed by C.G.S. § 9-600 et seq.[1]
E.
Courtesy. The courtesies that are associated with the
daily business routine are allowed. Such contributions should be of a reasonable
nature.
[Amended 10-23-1991]
A.
Outside services. No public officials or employees shall
engage in or accept private or other public employment or render services
for private interests when such employment or services are incompatible with
the proper discharge of official duties or would tend to impair independence
of judgment or action in the performance of Town duties.
B.
Disqualifications. Public officials and employees shall
disqualify themselves from all discussions, attempts at influencing the views
of others, and decisionmaking with respect to any issue in which their employment
may conflict with their Town position.
[Amended 10-23-1991]
[Amended 7-21-1988; 10-23-1991]
A.
Purpose. The disclosure by Town public officials of specified
holdings and associations seeks to deter unethical conduct by giving the public
access to information about areas of potential conflict of interest. The very
disclosure of outside interests will increase public confidence in government
by dispelling possible suspicion.
B.
Specific principle. All elected public officials, appointed
members of the Town Plan and Zoning Commission, Zoning Board of Appeals, Development
Commission, Standing Insurance Committee, Conservation Commission, Town Manager
and Town Attorney shall file with the Town Clerk a listing of real estate
holdings, whether they have any or not, partially or wholly owned, which are
located within or partially within the Town, and the identity of any business
associations or interests which may impinge on Town affairs, within 30 days
of election or appointment. Any change in these holdings or business associations
must be filed within 30 days of such change. Ownership of the public official's
or employee's primary residence need not be included in the disclosure. The
information filed with the Town Clerk will be available to the public.
[Amended 7-21-1988; 10-23-1991; 10-28-1997
by Ord. No. 9597-13]
A.
Membership.[1]
(1)
There is hereby established a Board of Ethics which shall
consist of seven members consisting of two Democrats, two Republicans, and
three unaffiliated or other party persons appointed by the Town Council for
terms of four years. Four members shall be appointed for terms expiring on
November 30 in an even-numbered year, and three members shall be appointed
for a term expiring on November 30 in an odd-numbered year.
(2)
There shall be two alternate members of the Board of
Ethics. One alternate shall be appointed for a term expiring on November 30
in an even-numbered year, and one alternate shall be appointed for a term
expiring on November 30 in an odd-numbered year. All alternates shall be appointed
for a period of four years.
B.
Eligibility.
(1)
No member of said Board shall hold or campaign for any public office, be a public official, or be a political party Town committee officer, as defined in § 32-2.
(2)
A member or an alternate member who within the last three
years prior to receipt of a complaint shall have held public office or was
a candidate for public office for the board or committee or commission involved
in that complaint shall not participate in the investigation or hearing of
that complaint.
C.
Vacancy. Any vacancy on the Board shall be filled for
the unexpired portion of the term appointed by the Town Council. An individual
selected to fill the vacancy shall be eligible for appointment thereafter.
D.
Chairperson; quorum; calling meetings. The Board shall
elect its own Chairperson who shall preside at meetings of the Board and a
Vice Chairperson to preside in the absence of the Chairperson. Four members
of the Board shall constitute a quorum, and four votes of the Board shall
be required for action of the Board. The Chairperson or any three members
may call a meeting.
E.
Powers and duties. The Board shall have all duties provided
within this article and shall have the authority to recommend action to the
Town Council, the Town Manager, the Board of Education or the Superintendent
of Schools.
F.
Duties of Board regarding reports and memoranda. The
Board shall:
G.
Complaint procedure and time limits; notice of investigation;
hearings; attorneys' fees; damages for complaints without foundation.
(1)
Complaint. Upon receipt of a written complaint from any
person on a form prescribed by the Board, signed under penalty of false statement,
the Board shall notify the complainant, by registered or certified mail, of
the receipt of the complaint within five days of receiving said complaint.
Within 15 business days of receipt of the written complaint, the Board shall
meet to determine if there is sufficient evidence to warrant an investigation.
If the Board, by a vote of four members, determines that the complaint does
not merit investigation, the complaint shall be dismissed and notice of dismissal
shall be mailed, registered or certified mail, to the complainant within five
business days.
(2)
Investigation.
(a)
If the Board finds that the complaint has sufficient
evidence to warrant an inquiry, the Board shall notify within five business
days, by registered or certified mail, the complainant and any respondent
against whom such complaint is filed. A copy of such complaint shall accompany
such notice.
(b)
The Board shall have the power to hold hearings, administer
oaths, examine witnesses, receive oral and documentary evidence, subpoena
witnesses under procedural rules adopted by the Board to compel attendance
before the Board and to require the production for examination by the Board
of any books and papers which the Board deems relevant in any matter under
investigation or in question. In the exercise of such powers, the Board may
use the services of the local police, who shall provide the same upon the
Board's request. In the event of a hearing during the investigation, the complainant
and the respondent shall have the following rights:
(c)
In addition, any witness appearing before the Board shall
have the right to be represented by legal counsel.
(d)
The Board shall make no finding that there is probable
cause to believe the respondent is in violation of any provision of this chapter
except upon the concurring vote of four of its members.
(3)
Post-probable-cause hearing.
(a)
After its investigation, the Board shall notify the respondent and the complainant within three business days of the termination of its investigation of its finding and a summary of its reasons for making that finding. If the Board finds that probable cause of a violation exists, it shall make public its finding no later than five business days after the termination of its investigation, and at said time the entire record of the investigation shall become public. The Board may postpone examination or release of such records for 14 days after termination of its investigation for the purpose of reaching a stipulation agreement pursuant to C.G.S. § 4-177(c). Thereafter the Board shall initiate public hearings to determine whether there has been a violation of this chapter. At such hearing, the Board shall have the same powers as under Subsection G(2) of this section. The respondent shall have the right to be represented by legal counsel, the right to compel attendance of witnesses and the production of books, documents, records and papers and to examine and cross-examine witnesses. In addition, any witness appearing before the Board shall have the right to be represented by legal counsel.
(b)
The Board shall make a record of all proceedings pursuant
to this subsection. The Board shall find no person in violation of any provision
of this chapter except upon the concurring vote of four of its members.
(c)
If the Board finds after a hearing pursuant to this section that a public official or Town employee has not violated a provision of the chapter, the Board shall dismiss the case. The Board shall notify the respondent and the person who signed the written complaint pursuant to Subsection G(1) of this section of its decision within 15 business days.
(4)
If any complaint brought under the provisions of this chapter is made with the knowledge that it is made without foundation in fact, the respondent shall have a cause of action against the complainant who signed the written complaint pursuant to Subsection G(1) of this section for damages caused thereby, and if the respondent prevails in such action, he may be awarded by the court the costs of such action together with reasonable attorney's fees.
(5)
Complaints must be made under this section within one
year after the violation alleged in the complaint has been committed.
[Added 10-23-1991]
A.
All proceedings up to the finding of probable cause,
including the complaint alleging a violation, the Board's evaluation of a
possible violation, any information supplied to or received from the Board
and any investigation conducted prior to a probable cause finding shall remain
confidential except upon the request of the respondent. No part of the confidential
complaint, the aforesaid information or the aforesaid investigation shall
be disclosed to any third party by the respondent, complainant, any person
contacted for the purpose of obtaining information, legal counsel, witness,
designated party, board or staff member, unless said confidentiality had been
waived by the respondent.
B.
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, in which case the Board shall publish
its finding and may also publish a summary of its reasons for making such
finding, and except that some or all of the record may be used in subsequent
proceedings. No complainant, respondent, or witness, designated party, or
commission or staff member shall disclose to any third party any information
learned 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, the Board may, after consultation with the respondent
if the respondent is not the source of the disclosure, publish its finding
and a summary of its reasons therefor.
[Amended 10-23-1991]
Upon finding a respondent in violation of this chapter, the Board shall,
within 15 business days of the post-probable-cause hearing, advise the Town
Council in the event the respondent is a board, commission or committee member
or an appointed public official, or advise the Town Manager in the event the
respondent is a Town employee, or the Superintendent of Schools in the event
the respondent is a school system employee, or the Board of Education in the
event the respondent is an employee appointed by the Board of Education, as
to the Board's finding and its recommended disciplinary action. In the case
of a Town or Board of Education employee, the Board shall be consistent in
its recommendations with all personnel rules and regulations and all bargaining
unit agreements.
[Amended 7-21-1988; 10-23-1991]
The Board shall adopt and promulgate reasonable rules and regulations
not in conflict with this chapter for the administration of this Code of Ethics.
