[Adopted 10-27-1977]
A conflict of interest is declared to exist
when the vote or other official act of or by any Councilman, or any
member, whether permanent or temporary, regular or alternate, or elected
or appointed, of a beard, commission or committee of the Town, or
any issue, ordinance, resolution, petition, application, appointment,
contract or award, may result in the financial gain or advantage or
otherwise affect the financial interest of:
A.Â
That Councilman or member;
B.Â
The following relatives of that Councilman or member
or of the spouse of that Councilman or member: spouse, child, grandchild,
parent, grandparent, brother, sister, uncle, aunt, niece, nephew or
first cousin;
C.Â
A member of the immediate household, residing with
that Councilman or member;
D.Â
An individual, partnership, association or corporation
with whom that Councilman or member has or, within one year of the
taking of the vote in question, had, financial or business dealings,
provided that "financial or business dealings" shall not include routine,
insubstantial or commonplace business transactions of a de minimus
nature or those shared or engaged in by the public at large;
A.Â
There is specifically excluded from the definition set forth in § 25-37 a financial gain or advantage incident or a program or project in the nature of a public work or improvement, which financial gain or advantage is common to, or shared by, a class of residents of the Town, which class is restricted only by geographical proximity to the location of such public work or improvement, nor shall a Councilman be prevented from voting upon the annual Town budget.
B.Â
A Councilman shall not be prevented from voting upon
any matter involving any class or group of municipal employees, unless
the vote of that Councilman may result in the financial gain or advantage
of that Councilman's spouse, parents, children, brother or sister,
or any other person who shares that same house with the Councilman.
A.Â
When a conflict of interest exists, the interested
Councilman or member of a board, commission or committee shall, as
soon as such interest is apparent to him, make full disclosure of
such interest to the Council or to the board, commission or committee
of which such interested Councilman or member is a member, which disclosure
shall be spread upon the official minutes of the Council or of such
board, commission or committee.
B.Â
When there is a factual question as to the existence
of a conflict, the Councilman or member involved may submit the question
to the Town Attorney or Assistant Town Attorney for a legal opinion
as to the existence or nonexistence of a conflict of interest. The
ruling of the Town Attorney or Assistant Town Attorney may not be
overruled by the governmental body in question, but any member of
that body may challenge the decision of the Town Attorney or Assistant
Town Attorney, or the Councilman's or member's vote in question, by
seeking appropriate judicial relief, provided that the Councilman's
or member's good faith reliance upon the decision of the Town Attorney
or Assistant Town Attorney shall relieve him from any civil liability
or criminal penalty.
Such interested Councilman or member shall not
thereafter vote or participate in any proceedings on such issue, ordinance,
resolution, petition, application, appointment, contract or award.
A Councilman and any member, whether permanent or temporary, regular or alternate, or elected or appointed, of a board, commission, agency or committee of the Town, shall not use his public position to obtain, or to attempt to obtain, a special advantage in official matters for himself or for any of the individuals set forth in § 25-37; nor shall be use his public position to influence, or to attempt to influence, the Town Council or any board, commission, agency or committee of the Town to act in favor of himself or for any of the individuals set forth in § 25-37 above.
Nothing herein shall be construed to prevent
any Councilman or any member of a board, commission or committee from
doing business with the Town in accordance with the competitive bid
provisions of the Charter, even though such business may result in
a conflict of interest and be subject to this article.
[Amended 10-13-1981; 4-13-1988]
Immediately upon the conviction of any person of a violation of § 25-39, 25-40, 25-41 or 5-30A(3) or (5) of Chapter 5, Boards, Commissions and Agencies, Article IV, or upon the sustaining of such conviction on appeal, such person shall be deemed removed from office or membership. Nothing contained in this section shall derogate from the right of the electorate to recall a councilman.
[Amended 10-13-1981; 4-13-1988; 3-12-2007 by Ord. No. 07-03]
Immediately upon the conviction of any officer, director or employee of the Town of a violation of § 5-30A(3) or (5) of Chapter 5, Boards, Commissions and Agencies, Article IV, or upon the sustaining of such conviction on appeal, the employment of such person by the Town shall be deemed terminated. The Mayor may, in his discretion, to preserve the morale of the Town officials and employees or to maintain public confidence in the government of the Town, suspend from his or her official duties or employment any person under the jurisdiction of the Mayor accused of a violation of this article, which suspension may continue during pendency of charges against such accused person.
[Amended 3-12-2007 by Ord. No. 07-03]
Neither the Mayor, nor any officer or director
of the Town, shall do business with the Town.
[Amended 10-13-1981; 4-13-1988]
The penalties and sanctions of this article
are cumulative and are in addition to those penalties and sanctions
contained in the Town Charter and the General Statutes, except where
the context of this article specifically requires an exclusive interpretation.
[Amended 10-13-1981; 4-13-1988]
A.Â
In the case of a recommendation by the Ethics Commission pursuant to § 5-26 that the Town make formal complaint to the State Attorney for prosecution of a violation of § 25-39 or 25-40 of the Town Code or under § 5-30A(3) or (5) hereof, the Town Council shall direct that such formal complaint shall be made in the name of the Town.
B.Â
In the case of a recommendation by the Ethics Commission pursuant to § 5-26 that the Town make formal complaint to the Personnel Appeals Board for an alleged violation of Section 2-22.27 or 2-22.28[1] of the Town Code, the Town Council shall make formal complaint
in the name of the Town to the Personnel Appeals Board, and the Personnel
Appeals Board shall, within 30 days of such complaint herein, determine
the charges.
[1]
Editor's Note: Refers to previous Code numbering
of sections which were repealed.