The following words or phrases shall have the following meanings:
CAMPAIGN
For the purposes of this chapter, "campaign" shall refer to those activities as are restricted in §
35-5C.
[Added 8-7-2007 by Ord. No. 238]
COMMISSION
North Branford Ethics Commission as established in §
35-5 herein.
CONFIDENTIAL INFORMATION
Oral or written information, obtained by an official in the course
of performing his or her duties and is not, at the time of transmission, a
matter of public record or knowledge.
FINANCIAL INTEREST
A direct or indirect personal interest having a value of more than
$50, to an official or a member of his or her immediate family and which is
an interest distinct from that of the public at large.
GENERAL PUBLIC
Ordinary people, especially all the people who are not members of
a particular organization or who do not have any special type of knowledge.
GIFT
Any thing or group of things, including but not limited to loan,
promise, service, entertainment, food, beverage, travel, and lodging, given
or paid to the extent that consideration of equal value is not received by
the donor having an aggregate monetary value in excess of $50 in any calendar
year. "Gift" shall also include any thing or benefit, regardless of its monetary
value, perceived or intended by either the donor or the person to whom it
is offered to be of sufficient value to influence an official in the performance
or nonperformance of his or her duties.
IMMEDIATE FAMILY
Any parent, child, spouse, parent or child of said spouse, spouse
of any child, grandchildren or cohabitating person of an official irrespective
of whether or not any of the foregoing persons reside in the official's
household.
OFFICIAL
Any person holding elective or appointive office in the government
of the Town as a regular or alternate member on the Town Council, Board of
Education, or any council, board, commission, committee or agency, including,
but not limited to Town Council, Board of Education, Planning and Zoning Commission,
Zoning Board of Appeals, Conservation and Inland Wetlands and Watercourses
Agency, Permanent Project Building Committee, Registrars of Voters, Board
of Fire Commissioners, Police.
PERSON
Any individual, entity, corporation, limited liability company, association,
partnership, or political entity.
PERSONAL INTEREST
A direct or indirect interest having a pecuniary or nonpecuniary
value peculiar to an official, which is not shared by the general public or
is not in furtherance of an official governmental duty.
POLITICAL PARTY
An organization of voters formed to influence the government's
conduct and policies by nominating and electing candidates to public office.
In the Town of North Branford, which has traditionally maintained a two-party
system, political party refers to either the Democratic or Republican party.
PROBABLE CAUSE
Trustworthy facts and circumstances sufficient to justify a reasonable
person to believe that a violation of the Code may have transpired.
No official shall use or authorize the use of Town funds, services,
property, equipment, owned or leased vehicles, or materials for a personal
interest, except when such use or authorization is provided in conformance
with established Town policies for the official Town business.
[Amended 8-7-2007 by Ord. No. 238]
A. There is hereby created an Ethics Commission which shall
be charged with the administration of the Code of Ethics and its enforcement
as provided herein. The Commission shall be comprised of five resident electors
and appointed by a two-thirds-majority vote of the Town Council. No more than
two members shall be of the same political party. The Town Council may appoint
as aforesaid and designate two additional members as alternates, no more than
one of whom shall be of the same political party or be unaffiliated. Of the
five members initially appointed, one shall be appointed for a term of one
year, two for terms of two years and two for terms of three years. All subsequent
and alternate (if any are made) appointments shall be for a term of three
years. Said Commission shall elect a Chair who shall preside over the call
of its meetings and a Vice Chair who shall perform the Chair's duties
in his or her absence.
B. No member of such Commission shall:
(1) Be a Town employee or employee of the Board of Education
or have served as any such employee within two years of such appointment.
(2) Have held public (state) office or have been a candidate
(or campaigned for another) for such public office for a two-year period prior
to appointment.
(3) Hold office in any political party or political committee
or any organization or association organized primarily for the purpose of
influencing legislation or decisions of public agencies.
(4) Serve as an official or have served as an official as
herein defined, or campaigned for an official, for a two-year period prior
to appointment.
(5) Be a party to any contract to do business with the Town.
C. Although any member of the Commission shall have an unrestricted
right to vote, make political contributions or attend fundraising or other
political events, no Commission member shall publicly support any candidate
for any municipal office subject to the Commission's jurisdiction, including,
but not limited to, volunteering as a campaign worker, giving a speech at
a political event or formally endorsing a candidate, or posting a sign at
his/her home or business.
D. No candidate for municipal office may disseminate information
that indicates that a Commission member supports the candidate's candidacy.
The Commission meetings shall be governed by standard rules of parliamentary
procedure. The Commission shall adopt rules of procedures and regulations
which it deems necessary to carry out the intent of this chapter, and said
rules and any amendments thereto shall be filed in the Office of the Town
Clerk and available for public inspection.
An Official may submit a written request for an advisory opinion to
the Chair of the Commission. The Commission shall render a written advisory
opinion based upon this chapter within 30 days of said written request. The
Commission shall file its advisory opinion with the Town Clerk, but shall
delete references to the identity of the official or any other party.
The Commission shall report annually, on or before February 1, to the
Town Council summarizing the activities of the Commission.
Any complaint of an alleged violation of this chapter must be received
by the Town Clerk within one year from the date of the alleged violation.
In order that all public officials are aware of what constitutes ethical
conduct in the operations of the government of the Town of North Branford,
the Town Clerk shall cause a copy of this Code of Ethics to be distributed
to each and every official of the Town within 60 days after the enactment
of this Code. Each Official shall be furnished a copy before entering the
duties of his office at the time of being sworn in and sign a statement stating
that he or she has received a copy of this chapter.
If any section, subdivision, paragraph, sentence, clause or phrase of
this chapter or any part thereof is for any reason held to be unconstitutional
or invalid, or ineffective by any court of competent jurisdiction, such decision
shall not affect the validity or effectiveness of the remaining portions of
this chapter or any part thereof.