[(4)(17)(19)]
The proper operation of democratic government requires that
public officials, employees, and other persons involved in government
operate in a manner that is, by reasonable objective standards, independent,
impartial, and responsible to the people; that public office not be
used for any personal gain; and that the public have confidence in
the integrity of its government. Officials and employees have an obligation
to act ethically and honestly in discharging the duties and responsibilities
to which they have been elected or appointed.
In recognition of these goals these Standards of Conduct are
incorporated into this Charter of the Town of Ridgefield.
As used in this article:
An individual who is a co-worker or business partner of,
or who shares material financial interests with, the official or employee.
Any information not in the public record and which is obtained
only by reason of an official's or employee's position and
also any information which is restricted from disclosure to the public
under any provision of the General Statutes or federal law, or information
exempt from disclosure under the Freedom of Information Act.
Persons hired and paid, or elected to a Town office and paid,
by the Town or by any Town agency, including the Board of Education,
for the period of time during which they are paid. For purposes of
this Article, organizations and persons paid to act as agents of the
Town or any Town agency shall also be considered "employees" in the
application of these Standards of Conduct for the time during which
they are so paid.
Spouse or domestic partner, parent or stepparent, sibling
or step-sibling, child or step-child, and any other relative or individual
residing in the same household as the official or employee.
An interest with the potential to influence impartial consideration
or decision-making on a matter under consideration by an official
or employee. The terms shall not include an interest that is common
to the general public or to a large segment thereof, unless the official's
or employee's particular interest is the matter under consideration
for action or decision. The terms shall not mean any duly authorized
compensation from the Town for services rendered as an official or
employee.
The elected or appointed officials of the Town, and of its
boards, either paid or unpaid.
The Town of Ridgefield and all Town agencies.
No official or employee shall use, or attempt to use, either
directly or indirectly, their Town position to secure any preferential
right, benefit, advantage, or privilege for themselves or others.
Should an official or employee be requested or ordered to perform
an illegal act or an act that conflicts with these Standards of Conduct,
that individual shall refuse to comply with such a request or order.
A person acting in accordance with this section shall be protected
from retaliation on the basis of their refusal.
This principle is not to be construed as encouraging arbitrary
or capricious nonconformity with job assignments.
Should an official or employee be requested by the public to
perform an act, that conflicts with these Standards of Conduct the
request should be declined with proper explanation.
All residents of the Town deserve to be treated courteously,
impartially, and fairly, and are entitled to all of the benefits and
services available to every other individual similarly situated, without
preferential treatment. Officials and employees will make every reasonable
effort to inform the public of their rights to Town services.
While this section deals with the treatment of the public by
officials and employees, the relationship between these groups is
recognized to be a two-way interaction. The public are therefore also
urged to conduct themselves with the same propriety expected of Town
officials and employees.
Town-owned funds, vehicles, equipment, supplies, property, labor,
and other Town resources shall be used only for the conduct of official
business, except when such resources are available to the public generally
or when use for private purposes or personal convenience is explicitly
provided for in a publicly disclosed contractual agreement. Town property
or resources which are placed in the trust of an official or employee
should be preserved and cared for to the best of their ability.
No official or employee shall request Town reimbursement for
travel, lodgings, or any other expenses incurred in connection with
nonofficial business or for family members or others who are not on
official business of the Town.
No official or employee 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 official's or employee's discharge of official duties, or permit the use of confidential information for any purpose other than the proper discharge of their official duties. However, it shall not be considered a violation of this Article XI, Standards of Conduct, if the official or employee who discloses confidential information is acting in compliance with applicable federal or state laws and is making the disclosure (i) as and to the extent reasonably necessary to defend their own conduct; (ii) to defend themselves from physical or pecuniary harm; or (iii) as permitted or required by any applicable law or judicial order.
Officials and employees shall not solicit or accept gifts, loans
or privileges offered them because of their position with the Town.
It is also a violation of this section for an official or employee
to give preferential treatment in response to gifts, loans, or privileges
solicited by or offered to family members or business associates.
The terms "gifts, loans, or privileges" as used in section does
not include:
(a)
Items and benefits of only negligible monetary value, as defined
in Section 1-79(5)(P) of the General Statutes;
(b)
Plaques, awards, and other commemorative tokens publicly presented
in recognition of public service, retirement or separation from service
with the Town, or similar meritorious circumstances;
(c)
Anything of value that is offered to the Town, is accepted on behalf
of the Town, and becomes the property of the Town;
(d)
Meals received in conjunction with participation as speaker or attendee
at a public event when in a capacity related to the official's
or employee's Town role.
No official or employee shall engage in or accept 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.
No employee, including elected officials paid by the Town, shall
represent another person or entity in any matter before the Town.
No member of a board shall represent another person or entity in any
matter coming before the board on which they serve. However, nothing
herein shall preclude an official or employee from representing themselves
or a family member in a personal matter coming before the Town or
any board, provided the official or employee discloses that they are
acting as a private citizen and not in any official capacity.
Officials and employees shall disqualify themselves from, or obtain a ruling (pursuant to Sections 11-9 and 11-10) on all discussions, attempts at influencing the views of others, and any other issue in which their employment may conflict with proper discharge of the Town office or position held, or where such employment will tend to impair their independence of judgment in the performance of official duties.
Officials and employees shall not use their office or Town employment,
or knowledge about Town affairs obtained in connection with their
office or position in Town, to procure contracts with the Town or
other financial benefit for themselves, for any family member, for
any business associate, or for any private organization in which they
have a material financial interest or material personal interest.
Also, they shall not disseminate information about Town affairs that
is not available to the public to another person for personal advantage
or benefit.
No officials or employee shall attempt to influence anyone concerning
the awarding of Town contracts on the basis of their business, family
or political relationship with any of the parties involved.
No employee of the Town other than the First Selectperson shall
serve on a board that deliberates and/or makes decisions directly
or indirectly affecting that employee's remuneration or working
conditions.
An official or employee who has material financial interest
or material personal interest in any official action under consideration
in conjunction with the official's or employee's official
duties or role shall disclose on the record the nature and extent
of such interest, and either:
(1)
Disqualify themselves from participating in the deliberation and
decision-making thereupon; or
(2)
Request an advisory opinion from the Board of Ethics on whether the
official's or employee's circumstances constitute a conflict
of interest; or
(3)
Seek a ruling or vote from the governing board or Town agency involved
on the official's or employee's right to participate in
discussion of the matter and right to vote or otherwise decide on
the matter.
The Town agency involved in the matter may also, by official motion and vote, seek an advisory ruling from the Board of Ethics pursuant to Section 11-10 independently of the actions of the person having the conflict or potential conflict of interest.
Violation of these provisions with the knowledge, express or
implied, of any person or corporation contracting with or making a
sale to the Town shall render such contract or sale voidable by the
board or Town agency having jurisdiction.
All complaints to the Board of violations of the Standards of Conduct set forth in Article XI shall be in writing, signed by the complainant and notarized. Hypothetical situations and anonymous complaints shall not be addressed. The Board shall investigate the pertinent facts stated in the complaint to determine whether or not there is probable cause that a violation of Article XI has occurred. The Board may hold hearings regarding the complaint; however the Board shall hold a hearing if requested by the person whose conduct is being investigated. Any such investigation shall be concluded within 60 days of receipt of the complaint, absent extension as agreed to by the necessary parties. Any investigation shall be confidential to the maximum extent permitted by the General Statutes and consistent with Section 1-82a of the General Statutes, and any individual called by the Board for the purpose of providing information shall not disclose their knowledge of the investigation to a third party unless the official or employee whose conduct is under investigation requests that the investigation be made public. The official or employee under investigation shall have the right to appear and be heard and to offer any information intended to establish that they have not violated any provision of Article XI. The official or employee under investigation shall have the right to be represented by legal counsel at their own expense and to present and cross-examine witnesses. Any probable cause determination that the official or employee has violated any provision of Article XI shall require four concurring votes of the Board.
Upon completion of its investigation, the Board shall deliver
to the official or employee involved the report of its findings and
the reasons for its decision. The Board shall make public a finding
of probable cause and disclose the record of its investigation as
authorized by Section 1-82a of the General Statutes. The Board shall
state in its report what action it deems appropriate if a violation
has occurred. When the Board concludes that disciplinary action is
appropriate for an employee or appointed official, the matter shall
be referred to the proper authority.
The Board shall render advisory opinions to any official or employee who requests such an opinion in writing regarding their own conduct, and to any board that requests in writing, pursuant to Section 11-9, an opinion regarding a potential conflict for a member with respect to a matter under consideration, unless the matter in question is currently in litigation.
At the end of each calendar year, the Board shall prepare and
submit to the Board of Selectpersons an annual report summarizing
its actions and recommendations during the preceding year. The annual
report shall be prepared and submitted in accordance with the confidentiality
requirements of this section.
A copy of this Article XI, Standards of Conduct, shall be distributed to every existing official and employee, to every new employee upon beginning service with the Town, and to every new official upon taking the oath of office for their position. The Town shall establish rules for obtaining acknowledgement by employees of their receipt of this material. The oath of office for Town officials shall include acknowledgement of these Standards of Conduct.
Fines, penalties, and other remedies for violations of these Standards of Conduct may be established by ordinance, pursuant to Section 3-8. The Board of Ethics shall have no responsibility for enforcing such penalties or monitoring their satisfaction.
Insofar as provisions of Article XI, Standards of Conduct, are inconsistent with existing contracts with Town employees or with human resource policies of the Town, such contracts or policies shall take precedence.
