[HISTORY: Adopted by the Town Council of
the Town of Monroe 10-11-1988; amended in its entirety 8-14-1989 (Ch. 10A of the 1976 Code). Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Charter provisions on ethics — See
Charter Ch. XII.
A.
CONFIDENTIAL
EMPLOYEES
INTEREST
OFFICIALS
PARTICIPATING
As used in this code, the following terms shall have
the following meanings:
Personal matters and financial matters which, if disclosed,
would be of detrimental interest to the Town and a violation of the
trust placed in that person.
All full- and part-time employees of the Town, or any agency
of the Town, and shall include paid consultants of the Town or of
any agency.
Private financial benefit and interest other than financial
arising from blood or marriage relationships or close business or
political association.
Elected and appointed officials, whether paid or unpaid,
and members of all governmental bodies created under the provisions
of the Town Charter and all other Town ordinances and applicable statutes.
The rendering of advice or recommendation, investigation,
approval, disapproval or otherwise influencing a decision or action.
B.
Words of the masculine gender shall include the feminine.
There is hereby established a Code of Ethics for all Town employees and officials, whether elected or appointed, paid or unpaid. The purpose of this code is to establish suitable ethical standards for all such employees and officials by prohibiting acts or actions incompatible with the discharge of their public duties and the best interests of the Town of Monroe and by directing disclosure of private financial interest or personal interest in matters affecting the Town by such employees and officials. Any violations of this Code of Ethics may constitute a cause for suspension, removal from employment or other disciplinary action as more particularly set forth in § 46-6.
A.
No employee or official shall engage in or participate
in any business or transaction or shall have an interest, direct or
indirect, which is incompatible with the proper discharge of his official
duties in the public interest or would tend to impair his independent
judgment or action in the performance of his official duties.
B.
No former employee or official shall appear at any
time before any Town board or agency in which he was formerly employed,
acting or participating on behalf of the Town in connection with any
matter or case with which he was associated while an employee or official
at any time within a period of one year after termination of his service
with the Town. Any such former employee or official may, upon a written
application to the Board of Ethics and filed with the Town Clerk,
be released from this obligation after review of said written application
and relevant facts of his case by the Board of Ethics.
C.
Except for contributions to political campaigns made
in accordance with applicable state statutes, no employee or official
shall solicit or accept any substantial gift, whether in the form
of a service, loan, thing or promise, from any person, firm or corporation
who or which to his knowledge is interested in any manner in business
dealings with the Town.
D.
Any employee or official who has a substantial or controlling financial or personal interest in any transaction or contract with the Town or in the sale of real estate, material, supplies or services to the Town, on which he may be called to act upon in his official capacity, shall refrain from voting upon or otherwise participating in the transaction on behalf of the Town. Any such employee or official shall also be required to disclose said interest to the Town Clerk and Board of Ethics in the manner, time and form set forth in § 46-5 of this code.
E.
No employee or official shall appear in behalf of
private interests before any board, agency or committee of the Town,
except that any such employee or official may, upon written application
made to the Board of Ethics and filed with the Town Clerk, be permitted
to make such appearance after review and approval of said application
and relevant facts of the case by the Board of Ethics. No employee
or official shall represent private interests against the interest
of the Town in any litigation to which the Town is a party. The Board
of Ethics shall render a decision on such application within 45 days
of its filing date.
F.
Nothing contained in this code shall prohibit or restrict
the employee or official from appearing before any board or commission
of the Town in his own behalf, or being a party in any action, proceeding
or litigation brought by or against the employee or official to which
the Town is a party. When appearing before a board or commission in
the employee's or official's own behalf or being a party in any action
or litigation to which the Town is a party, written application to
and approval from the Board of Ethics is not necessary.
G.
No employee or official shall, without proper authorization,
disclose confidential information concerning Town affairs, nor shall
he use such information to advance the financial interests or private
interests of himself or others.
H.
No paid consultant of the Town or of any agency shall
represent private interest in any action or proceeding against the
interest of the Town in any litigation to which the Town is a party
if such actions are in conflict with the performance of his duties
as a Town employee.
A.
No employee or official shall discriminate against
or in favor of any individual or cause based solely upon race, color,
national origin, religion, sex, age or physical disability.
B.
No employee or official shall request or permit the
use of Town-owned vehicles, equipment, facilities, materials or property
for personal convenience or profit, except when such are available
to the public generally or are provided as municipal policy for the
use of such employee or official in the interest of the Town.
C.
No employee or official shall grant any special consideration,
treatment, favor or advantage to any person beyond that which is generally
available to residents and/or taxpayers of the Town.
Any employee or official having any financial or private interest as designated in § 46-3D shall file written disclosure of said interest with the Town Clerk and the Board of Ethics as soon as he becomes aware of such interest. Said written disclosure shall set forth in detail the nature and extent of such interest.
A.
There is hereby created a Board of Ethics which shall
be charged with the administration of this Code of Ethics.
B.
The Board of Ethics shall be composed of five resident
electors, and at no time shall more than three members be of the same
political party. The Town Council shall appoint all members to this
Board. Of the five members initially appointed, one shall be appointed
for a term of five years, one for a term of four years, one for a
term of three years, one for a term of two years and one for a term
of one year. Thereafter, upon the expiration of the initial term of
any member of the Board or in the event that a vacancy exists on said
Board, the Town Council shall appoint a member to fill the vacancy.
All subsequent appointments and reappointments to the Board shall
be for a term of two years. If a vacancy occurs as a result of a resignation,
the Council will appoint a member to the Board to complete the unexpired
term. In no event may any member of the Board serve on said Board
for a period of more than six years in succession.[1]
C.
The Board shall promulgate and adopt reasonable rules
and regulations for the administration of its proceedings, in accordance
with state statutes. The rules and regulations so promulgated and
all amendments thereto shall be made available at the office of the
Town Clerk to any elector of the Town.
[Amended 1-20-1993]
D.
Subject to §§ 7-148h and 1-82a of the
Connecticut General Statutes as amended, this Board shall receive
complaints of any violations of the Code of Ethics and shall, upon
such complaint, investigate the same and hold private hearings within
30 days thereof if, in the opinion of the majority of the Board, said
complaint warrants a hearing. Any complaint received by the Board
must be in writing and signed by the individual making said complaint.
This Board shall acknowledge receipt in writing to the complainant
of the complaint. Upon receiving such complaint, the Board shall privately
notify the person against whom the complaint has been filed, advising
the concerned party of the specific nature of the complaint made and
being investigated by the Board. Upon receipt of said notice from
the Board, the party so notified that a complaint has been filed against
him shall have the right to demand a public or private hearing by
the Board. In the event that the Board decides that a hearing is required,
or the person whose conduct being called into question demands a hearing,
said hearing shall afford the person whose conduct is called into
question the right to cross-examine anyone testifying against him
or meet or answer any complaint made of his conduct and to present
evidence in his own behalf. No hearing, however, may be conducted
with fewer than four of the five seated members of the Board in attendance.
A final determination requires the vote of all five seated members.
A finding that a violation has occurred requires the unanimous vote
of all five seated members. A seated member is as defined in the procedural
rules of the Board of Ethics and as from time to time revised.
[Amended 1-20-1993; 8-9-1993]
E.
The Board shall report to the Town Council where it
has voted a probable cause finding. It shall further report, after
public hearing, any final vote taken on the matter along with any
recommendations it may have concerning the matter. The Town Council
shall thereupon take such action as it may deem appropriate or take
action in accordance with the provisions of the Town Charter. In addition,
the Board shall make public its findings and opinions with such deletions
as may be justified, necessary or desirable, in accordance with §§ 7-148
and 1-82a of the Connecticut General Statutes, as amended.
[Amended 1-20-1993; 8-9-1993]
F.
The Board of Ethics may, upon the written request
of any employee or official or resident of the Town, or upon its own
initiative, render written advisory opinions concerning any matters
relating to the Code of Ethics.
[Amended 1-20-1993]
G.
All opinions and recommendations of the Board of Ethics,
whether advisory or the result of a complaint in which probable cause
has been found, shall be kept on file with the Board of Ethics.
[Amended 1-20-1993]
A.
Number and term. There shall be three alternates to
the Board of Ethics of the Town of Monroe, who shall be appointed
by the Town Council. Each alternate shall serve for a term of two
years.
B.
Powers and duties. Such alternates, when seated, shall
have all the powers and duties to act as members of the Board of Ethics.
Alternates shall have the privilege of attending all meetings and
hearings without vote until seated.
C.
Designation for service. For each member of the Board
of Ethics who is absent or disqualified, the Chairman of the Board
of Ethics shall designate one alternate to be seated on the Board
of Ethics. Said Chairman shall choose alternates in rotation so that
they shall act as nearly equal a number of times as possible; provided,
however, that in choosing alternates, such alternates shall be chosen
so that the maximum number of members seated on such Board at any
time, including regular members and alternates, who are members of
the same political party shall not exceed four. If any alternate is
not available in accordance with such rotation, such fact shall be
recorded in the minutes of the meeting.
Should any provision of this Code of Ethics
conflict with any provisions of federal law or the State of Connecticut
General Statutes, the provisions of the federal law or the State of
Connecticut General Statutes shall prevail.
A.
No person shall serve on more than one board or commission
of the Town at a time; provided, however, that where such service
is not prohibited by the Connecticut General Statutes, the Charter
of the Town of Monroe or any ordinance of the Town, including this
code, the Town Council shall, upon written application of such person
willing to serve, after a finding that no such violation would occur,
approve such person to serve on more than one board or commission.
B.
Where conflicts in the above are now in existence,
letters will be sent to said individuals asking such persons to resign
one appointment. If they refuse, the grandfather clause will go into
effect until the end of the term on one of his or her appointments.
This Code of Ethics may be amended only by ordinance
in conformity with the provisions of the Town Charter.
The Town Clerk shall cause a copy of this code
to be distributed to every employee and official within 30 days after
enactment of this code. Each employee and official elected, appointed
or engaged thereafter shall be furnished a copy of the code before
entering upon the duties of office or employment. All Town officials,
upon taking the oath of office, and employees, upon hiring, must declare,
in writing and filed with the Town Clerk, that they have read the
Monroe Code of Ethics and that their personal affairs do not constitute
a conflict of interest.