[Amended 12-1-1980; 12-30-1980; 4-1-1985; 2-6-1989; 12-7-1992]
There is hereby established a Board of Ethics
which shall be charged with the administration of the Code of Ethics.
A.
The Board of Ethics shall consist of five regular
members and two alternate members, to be appointed by the Mayor with
the consent of the Common Council. No more than three regular members
and one alternate member may be members of the same political party.
Each regular and alternate member shall, at the time of his appointment
and throughout his term on the Board, be an elector of the City who
is known for his personal integrity and sound judgment, who is not
an employee or official of the City, who is not the chairman, vice
chairman, secretary or treasurer of any political party, who has no
claim pending against the City and who has no contractual relationship
with the City. Both the regular and alternate members of the Board
shall serve without compensation for their services.
B.
The terms of office for the regular and alternate
members of the Board shall be for five years from December 1 of the
year of appointment. Initially, in 1980, one regular member shall
be appointed for a term of one year, one regular member for a term
of two years, one regular member for a term of three years, one regular
member for a term of four years and one regular member for a term
of five years. Each year thereafter a regular member shall be appointed
to serve for a term of five years. Initially, in 1988, one alternate
member shall be appointed for two years and one alternate member shall
be appointed for three years. After the initial terms of office end,
each alternate member shall be appointed to serve for a term of five
years. If a vacancy occurs before the end of a term for a regular
and/or alternate member, a member shall be appointed for that vacancy
by the Mayor with the consent of the Common Council for the unexpired
portion of the term.
C.
Alternate members may attend all meetings and executive
sessions of the Board. When seated in place of a regular member, the
alternate member shall have and exercise all powers and duties as
set forth in this chapter. Alternate members shall act as a regular
member, when needed, on a rotating basis.
A.
Annually at its first meeting after December 1, the
Board shall elect a Chairman, Vice Chairman and Secretary. The Chairman
shall preside at all meetings. The Vice Chairman shall perform the
duties of the Chairman in the absence of the Chairman. The Secretary
shall sign all approved minutes.
B.
The Chairman or, in his absence or inability to act,
the Vice Chairman shall call such meetings as are necessary for the
conduct of the Board's business. A meeting shall also be called if
requested by any three members of the Board.
A.
The Board of Ethics shall have the power and duty
to give advisory opinions on proposed action when requested to do
so by an official or employee; to investigate and hear complaints
concerning allegations of unethical conduct as to any official or
employee of the City and render its opinion thereon; and to make recommendations
to the Common Council for changes in the Code of Ethics. The Board
may adopt such rules as it deems necessary for the conduct of its
business. The findings of the Board are advisory and it does not have
any power to take disciplinary action.
B.
Pursuant to C.G.S. § 7-148h and any amendments
thereto or substitutes therefor, the Board may, after a finding of
probable cause, issue subpoenas or subpoenas duces tecum, enforceable
upon application to the Superior Court, to compel the attendance of
persons at hearings and the production of books, documents, records
and papers.
A.
Advisory opinion. Before requesting an opinion, the
official or employee shall consult about the matter with the director
of his department or other supervisory authority. Requests for advisory
opinions shall be made in writing on a form prescribed by the Board
and signed by the official or employee. All relevant facts shall be
stated. The Board may require additional information. The Board shall
meet within 15 days of receipt of all information and shall render
its decision in writing within 15 days of the meeting, a copy of which
shall be sent to the one requesting it. A copy of each decision shall
be filed with the Mayor's office and City/Town Clerk's office. An
official or employee who in good faith relies on an advisory opinion
of the Board shall not be disciplined if such action is thereafter
found to be a violation of this chapter.
B.
Required vote for advisory opinion. No advisory opinion
shall be made except upon the concurring vote of three members of
the Board.
[Amended 10-4-1993; 1-3-1994; 2-6-1995; 8-2-1999]
A.
The Board of Ethics shall have the power to investigate
a written complaint concerning official conduct of any City official
or employee. Any person (complainant) may file a complaint with the
Board on a form prescribed by the Board. The complaint shall be signed
under penalty of false statement and shall state the name of the person
accused (respondent) and the specific acts alleged to constitute the
violation. Specific acts alleged to constitute the violation(s) of
the Code of Ethics must be stated or the complaint will be rejected
by the Board. The complainant must sign an acknowledgment that the
complaint and its contents are confidential unless and until the Board
makes a finding of probable cause or the respondent requests that
they be made public.
B.
If the investigation of the complaint is confidential,
the allegations in the complaint and any information supplied to or
received from the Board shall not be disclosed during the investigation
to any third party by a complainant, respondent, witness, designated
party or Board or staff member.
C.
Written acknowledgment of receipt of the complaint
shall be sent to the complainant, and a copy of the complaint shall
be sent by the Board to the respondent within seven days of the date
that the Board meets and reviews the complaint. Upon receipt the respondent
may either request a hearing or may submit a written statement as
to whether the complaint states a violation. The time for response
shall be set by the Board but shall not be less than seven days nor
more than 30 days.
D.
If after investigation the Board determines that the
complaint does not allege facts sufficient to constitute a violation
of the Code of Ethics, it shall dismiss the complaint. Within three
days after the end of its investigation the Board must notify the
complainant and respondent of its findings and provide a summary of
those findings.
E.
If the Board determines that the complaint alleges
sufficient facts to state a violation, the Board shall fix a date
for the commencement of a hearing on the complaint, which shall not
be more than 60 days from the finding of probable cause. The Board
shall make public such a finding of probable cause not later than
five business days after the termination of the investigation. At
such time the entire record of the investigation shall become public.
The Board shall give notice of the date fixed for the hearing at least
14 days before the date of the hearing. The hearing may be continued
from time to time in the discretion of the Board. The hearing shall
be open to the public.
G.
The hearing shall be recorded by a stenographer or
a recording device provided by the Board. If the Board does not provide
a stenographer, the complainant or respondent may employ a stenographer
at his own expense. If a transcript is made, a copy shall be supplied
to the Board and another made available to the other party upon payment
of 1/2 of the cost of obtaining the transcript.
H.
The Board shall render its findings in writing within
30 days after the conclusion of the hearing on the complaint. A copy
of the findings shall be sent to the complainant and respondent. If
the Board's decision is that the complaint was justified a copy of
the decision shall be sent to the Mayor, Common Council or other authority
for action in accordance with the appropriate ordinance, Charter provision
or state statute.
I.
No finding of a violation of this chapter shall be
made except upon the concurring vote of three members of the Board.
J.
No complaint may be made under this section except
within three years next after the violation alleged in the complaint
has been committed.
A.
Upon the written request of an official or an employee
against whom a complaint has been filed with the Board of Ethics,
the City shall provide reimbursement of all reasonable expenses incurred
in preparation for defense and in the defense of such complaint, including
attorneys' fees, provided, in the event the Board of Ethics makes
a finding of a violation of the Code of Ethics by such official or
employee as alleged in such complaint and such finding is not reversed
or otherwise invalidated by the judgment of a court, the City shall
not provide reimbursement for expenses incurred by such official or
employee in defending such complaint.
B.
If there is a finding by the Board of Ethics of a
violation of the Code of Ethics by an official or employee, and a
court enters a judgment reversing or otherwise invalidating such finding,
such official or employee shall be reimbursed by the City for reasonable
expenses incurred in the proceedings which resulted in the invalidation
of the finding of the Board of Ethics and in defense of the complaint
before the Board of Ethics.
A clerk shall be provided to record the minutes
of meetings and provide secretarial services to the Board.
