[HISTORY: Adopted by the Board of Ethics
of the Town of Redding 2-25-1974. Amendments noted where applicable]
GENERAL REFERENCES
Code of Ethics — See Ch. 35.
A.
The officers of the Board shall be a Chair, a Vice
Chair and a Secretary.
B.
The Chair shall preside at meetings and public hearings.
The Vice Chair shall perform the duties of the Chair in the event
of the Chair's absence, death, resignation or inability for any other
reason to act.
C.
The Secretary shall take minutes of all meetings and
issue all notices required.
D.
The members of the Board shall elect officers annually
at a meeting of the Board that shall be held in the last calendar
quarter of each year.
[Amended 4-16-1990]
The continued presence of three members shall
be required to conduct the Board's internal administration affairs.
The continued presence of four members shall be required to consider,
hear and act upon any phase of any complaint, inquiry, or request
for an advisory opinion concerning the application of the Code of
Ethics to any particular case.
A.
Meetings concerning operating procedures or administrative
affairs shall be open to the general public.
B.
A meeting or portion of a meeting, or any continuation
of such meeting, involving complaints, inquiries or advisory opinions
shall be open to the public unless a closed meeting is permitted by
law, a person having an interest in the proceeding makes a written
request for such closure, and the Board grants such request. The request
shall be delivered to the Chair or, in his or her absence, the Secretary
and to each person involved not later than the third business day
before such meeting. The request shall set forth the legal basis on
which the person making such request relies.
[Amended 4-16-1990; 9-5-2001]
[Amended 6-13-1988; 4-16-1990]
A.
No complaint shall be accepted by the Board unless
it is written, dated, and signed by the complainant. The complaint
shall contain a simple statement of the pertinent facts and identify
the complainant and all parties involved and it shall specify by section
and paragraph each provision of the Code of Ethics to which such facts
pertain. The Board may, in its discretion, but shall not be required
to, consider provisions of the Code of Ethics other than those as
specified. It may reject or dismiss a complaint entirely or in part
solely on the ground that there is no basis for finding a violation
of a paragraph so specified. The provisions of this subsection shall
also apply to any request for an advisory opinion.
[Amended 9-5-2001; 9-17-2001]
B.
The complainant or requesting party will supply seven
copies of the complaint or request for an advisory opinion for transmission
to all of the Board members and the Secretary. All written submissions
to the Board, in any of its proceedings in support or defense of a
complaint, including without limitation briefs, exhibits, and transcripts
from the proceedings or meetings of Town boards, committees or commissions,
will be in sets of seven unless the Board Chair agrees otherwise.
Written submissions should be presented in a timely manner to either
the Chair or the Secretary for distribution to the other Board members.
The pertinent passages from the transcript of other proceedings or
meetings which the Board is being asked to review should be highlighted.
[Amended 12-1-1993]
C.
Such complaint or request for an advisory opinion
may be sent to any member of the Board, who shall notify the Chair
and Secretary thereof within two business days of the receipt of the
same. Within two business days thereafter, the Chair or, in his or
her absence, the Secretary shall give notice of the same by sending
a copy of the complaint by first-class mail to all affected parties
and all Board members.
D.
Each request for Board action shall be assigned a
file number and be identified by the same. A cover sheet shall record
the official date of receipt, dates of all required notices, meetings
and public hearing on the same and action taken.
E.
No complaint or request for advisory opinion shall be considered officially received until acknowledged at the next Board meeting but not later than 35 days after being first received as described in Subsection B above.
F.
Upon official receipt of a complaint or request for
advisory opinion, the Board shall make such inquiry of the pertinent
facts stated in the complaint as may be necessary to ascertain their
truth and accuracy and complete the same by the next monthly meeting
or within 35 days.
G.
Upon completion of the inquiry the Board shall decide:
(1)
To refuse to consider the matter for lack of jurisdiction;
(2)
To dismiss; or
(3)
To hold an open meeting with the affected parties unless a closed meeting is permitted by law and has been so ordered by the Board pursuant to § A501-4B.
(a)
The Secretary shall send a notice to the affected parties of the
meeting by prepaid first-class certified mail 18 days prior to the
date of the meeting advising them of the informal meeting date, time,
place and subject of the meeting. The notice to the person whose conduct
is being called into question shall include a simple statement of
the allegations being made and by whom.
(b)
After the meeting the Board shall decide:
[1]
To dismiss;
[2]
To issue an advisory opinion; or
[3]
To hold a full hearing. If a full hearing is
to be held the Board shall determine whether it shall be a closed
or public hearing. The hearing may be closed if permitted by law and
if so requested by the person whose conduct is called into question.
In deciding upon an open hearing the Board shall consider the effects
a public hearing could have upon the reputations of all the affected
parties and the benefits and detriments of such a public hearing to
the public good.
[Amended 9-5-2001]
A.
Eighteen days prior to the date of a closed or public
hearing (excluding the day of the hearing) the Secretary shall send
by prepaid, first-class certified mail to the person whose conduct
is called into question a notice of the date, place and time of the
closed or public hearing, along with a copy of the complainant's statement
and a copy of the Board's statement of the subject of the meeting
specifically referring to that portion or portions of the Code of
Ethics which are alleged to be violated. The notice shall state that
counsel may represent the person.
B.
The Secretary shall publish a simple legal notice
in a newspaper, having general circulation within the Town, of the
time, date and place of any public hearing. The notice shall be published
not less than 10 days prior to the hearing (excluding the day of the
hearing). A notice of the decision concerning any public hearing shall
likewise be published within 10 days after the decision has been rendered
by the Board.
A.
The Board shall make a decision on each case in writing,
which statement shall give the facts and the reasons for the decision.
After a final closed meeting or a full hearing (closed or public),
a decision shall be rendered within 35 days thereof and a copy of
the same shall be forwarded by prepaid, first-class certified mail
to the complainant and to the subject of the complaint or to the person
requesting an advisory opinion.
A.
While the general public's trust in Town officials,
employees and those paid to provide services is essential to good
government, equally important is the protection of the good reputation
of those persons. To avoid harassment and public defense to baseless
charges and to provide a means of correcting errors of judgment without
damage to such persons or to good Town government, the principle of
confidentiality shall pervade the Board's work to the extent permitted
by law.
B.
The interests of justice and fairness shall prevail
in all the Board's actions. Therefore, except for public hearings
or when disclosure is requested by the person whose conduct is the
subject of a decision or advisory opinion, names of Town officials
and those paid to provide services shall remain nonpublic information
unless overwhelming interest of the public good and justice require
publication.
Amendments may be made in accordance with § 35-7B of the Code of Ethics.
