[HISTORY: Adopted by the Town Council of
the Town of Tolland 1-10-2006 by Ord. No. 75. Amendments noted where
applicable.]
High ethical standards among public employees
and public officials are essential for the proper conduct of democratic
government so that citizens will have confidence that action by such
employees, officials and consultants is always intended to be in the
public interest and not for illicit personal gain. This Code of Ethics
sets such standards and provides guidance to Town employees and officials
with respect to ethical matters.
As used in this chapter, the following terms
shall have the meanings hereinafter indicated:
Any entity through which business for profit or not-for-profit
is conducted, including a corporation, partnership, proprietorship,
firm, enterprise, franchise, association, organization or self-employed
individual.
A business of which a public official or public employee
or a member of his or her immediate family is a director, officer,
owner, employee, compensated agent or holder of stock which constitutes
5% or more of the total outstanding stock of any class.
Information, whether transmitted orally or in writing, which
is obtained by reason of the public position or office held and is
of such nature that it is not, at the time of transmission, a matter
of public record or public knowledge.
A condition wherein a public official or public employee
or a member of her/his immediate family has a financial or personal
interest that conflicts with the proper discharge of the public official's
or public employee's official duties or employment in the public interest
or is contrary to this Code.
Any interest with a monetary value of $500 or more or which
generates a financial gain or loss of $100 or more in a calendar year.
Anything of value, including entertainment, food, beverage,
travel and lodging given or paid to a public official or public employee
to the extent that consideration of equal or greater value is not
received. A gift does not include:
A political contribution otherwise reported
as required by law or a donation or payment as described in Subdivision
(9) or (11) of Subsection (b) of § 9-333b of the Connecticut
General Statutes;
Services provided by persons volunteering their
time for a political campaign;
A commercially reasonable loan made on terms
not more favorable than loans made in the ordinary course of business;
A gift received from (i) an individual's spouse,
fiance or fiancee, (ii) the parent, brother or sister of such spouse
or such individual, or (iii) the child of such individual or the spouse
of such child;
Goods or services which are provided to the
Town and facilitate governmental action or functions;
A certificate, plaque or other ceremonial award
costing less than $100;
A rebate or discount on the price of anything
of value given in the ordinary course of business without regard to
the recipient's status;
Printed or recorded informational material germane
to governmental action or functions;
Items of nominal value, not to exceed $20, containing
or displaying promotional material;
An honorary degree bestowed upon a public official
or public employee by a public or private university or college;
A meal provided at an event or the registration
or entrance fee to attend such an event, in which the public employee
or public official participates in said person's official capacity;
A meal provided in the home by an individual
who resides in Tolland; or
Gifts in-kind of nominal value not to exceed
$25 tendered on gift-giving occasions generally recognized by the
public, including Christmas, Hanukkah, birthdays, the birth or adoption
of a child, weddings, confirmations or bar or bat mitzvahs, provided
the total value of such gifts in any calendar year does not exceed
$50.00.
Any spouse, child or dependent relative who resides in the
individual's household.
A natural person.
An entity that has a contract with a municipality valued
at $500,000 or more.
The direct administrative or operating authority, whether
intermediate or final and whether exercisable personally or through
subordinates, to approve, disapprove or otherwise direct government
action.
A person, firm or corporation hired by the Town of Tolland
to provide services to the Town for a fee.
An individual, sole proprietorship, trust, corporation, union,
association, firm, partnership, committee, club or other organization
or group of persons.
An interest in any action taken by the Town of Tolland in
which an individual will derive a nonfinancial benefit or detriment
but which will result in the expenditure of Town funds.
The Town of Tolland and/or the Tolland Board of Education.
[Amended 11-10-2009]
Town-owned vehicles, equipment, facilities, materials or
other Town property.
A person, other than an elected or appointed official, employed,
whether full- or part-time, by the Town.
[Amended 11-10-2009]
An elected or appointed official, whether paid or unpaid
or full- or part-time, of the Town.
A.
A Town employee or Town official shall refrain from
voting upon or otherwise participating in any matter on behalf of
the Town if the employee or official, a business with which he or
she is associated, or a member of his or her immediate family has
a financial or personal interest in the matter, including, but not
limited to, the sale of real estate, material, supplies or services
to the Town or by the Town. Notwithstanding the foregoing prohibition,
a Town employee or Town official may vote or otherwise participate
in a matter that involves a determination of general policy if the
employee's or official's interest in the matter is de minimus in nature
or shared with a substantial segment of the population of the Town,
such as paying taxes, assessments or charges for service to the Town.
B.
In addition to other restrictions of this chapter,
a Town employee who serves on any governmental body of the Town shall
not vote or participate on any matter involving, for the department
or program employing such public employee, (1) collective bargaining,
(2) compensation or benefits, (3) personnel policies and procedures,
(4) the budget, other appropriation or capital funding, or (5) employment,
compensation, benefits or performance of personnel.
A.
Except for a Town official who receives no compensation
for service to the Town other than per-diem payments and reimbursement
of expenses, no Town employee or Town official shall appear on behalf
of private interests before any board, agency or committee of the
Town.
B.
Except for a Town official who receives no compensation
for service to the Town other than per-diem payments and reimbursement
of expenses, no Town employee or Town official shall voluntarily or
for compensation represent private interests against the interest
of the Town in any litigation to which the Town is a party.
C.
No former Town employee or Town official shall appear
for compensation before any Town board or agency in which the employee
was formerly employed or the official was formerly a member at any
time within a period of one year after termination of the employee's
or official's service with the Town.
D.
No former Town employee or former Town official shall
represent anyone other than the Town concerning any particular matter
in which the employee or official participated personally and substantially
while in Town service.
E.
Nothing in this section shall prohibit or restrict
a present or former Town employee or present or former Town official
from appearing before any board or commission of the municipality
or district on the employee's or official's own behalf, or from being
a party in any action, proceeding or litigation brought by or against
the Town employee or Town official to which the Town is a party.
A.
No person, business or paid consultant shall offer
or give to a Town official or Town employee or a member of his or
her family and no Town official or Town employee shall solicit any
gift in the performance of his or her official duties.
B.
No Town official or Town employee shall accept any
benefit or income in addition to that received in his or her official
capacity for having exercised his or her official powers or performed
his or her official duties.
C.
No Town official or Town employee shall use or disclose
information not available to the general public and gained in the
course of, or by reason of, his or her official position or activities
to further any person's financial interest.
D.
Any Town official or Town employee who has, or whose
family has, a financial interest, distinct from that of the general
public, in any decision of any Town agency shall disqualify himself
or herself from participating in that decision.
E.
No Town official or Town employee shall have or acquire
any financial interest or beneficial interest, direct or indirect,
in any business that is incompatible with the proper discharge of
his or her official duties or that may tend to impair his or her independence
or judgment in the performance of his or her official duties.
F.
No Town official or Town employee shall misuse or
misappropriate any Town fund or Town asset.
G.
No Town employee, Town official or a business with
which he or she is associated, or a member of his or her immediate
family, shall enter into a contract for goods and services, valued
at $1,000 or more, with the Town unless the contract is awarded through
an open bidding process in which the employee or official has had
no official responsibility.
H.
No Town employee or Town official shall use Town-owned
vehicles, equipment, facilities, materials or other property for personal
convenience or profit, except when such are available to the public
generally, are provided as municipal policy as approved by the Town
Council or pursuant to the Town's contractual obligations for the
use of such Town employee or Town official in which case the Town
employee or Town official may use such vehicle, equipment, facilities,
materials or other property.
[Amended 11-10-2009]
No Town employee, Town official or candidate
for elected Town office shall engage in political activity while on
Town duty or within any period of time during which such person is
normally expected to perform services for which such person receives
compensation from the Town, or utilize Town funds, supplies, vehicles
or facilities for the purpose of any such political activity, unless
such activity is specifically authorized by:
[Amended 11-10-2009; 8-27-2013]
The following persons must file with the Town Clerk, under oath,
a financial disclosure statement on a form approved by the Town Council:
A.
Incumbents
and candidates.
(2)
Newly appointed or elected individuals must file a completed form
with the Town Clerk before being eligible to be sworn in for their
terms of office. Incumbents whose term extends beyond the 2013 election
shall be required to complete and have on file with the Town Clerk
the revised financial disclosure statement by December 1, 2013.
(3)
It shall be the responsibility of the individual to update the financial
disclosure statement if circumstances change during his/her term.
C.
Monitoring.
The Tolland Town Clerk shall monitor such filings and shall report
to the Town Council if any required disclosure is not filed in a timely
fashion.
A financial disclosure statement as required
herein shall disclose the following information about the filer that
is current at the time of filing and for the year previous to the
filing:
A.
Each economic interest in any real property (other
than primary residence), including leasehold interests, if the property
is located in the Town of Tolland as well as a business located in
Tolland in which there is at least an ownership interest of 5% and
specifying:
B.
Each economic interest in which there is at least
a an ownership interest of 5% that sold or supplied the Town with
goods or services valued in excess of $5,000 per year.
A.
Pursuant to § 7-148h of the Connecticut
General Statutes, there shall be an Ethics Commission for the Town
of Tolland which shall investigate allegations of conduct proscribed
by this chapter, corrupting influence or illegal activities levied
against any official or employee of the Town and shall have the power
to do so afforded by said statute. The Ethics Commission shall consist
of three members who shall be electors of the Town but no two of whom
shall be members of the same political party. They shall be appointed
by the Town Council based on their reputation for fairness, gravity,
discretion and ability to understand the sensitive and sometimes complex
nature of ethical issues. Members shall be appointed for terms of
up to three years; one member with a one-year term; one member with
a two-year term; one member with a three-year term. After the initial
appointments, all future appointments shall be for three-year terms.
[Amended 3-26-2013]
B.
If the Ethics Commission makes a finding of unethical
conduct by:
(1)
A person holding a position appointed by the Town
Manager, it shall make a public report thereon to the Town Manager.
(2)
A person or employee holding a position appointed
by the Superintendent of Schools, it shall make a public report to
the Superintendent of Schools.
(3)
A person holding a position appointed by the Town
Council, it shall make a public report thereon to the Town Council.
(4)
A person holding a position appointed by the Board
of Education, it shall make a public report thereon to Board of Education.
(5)
An elected
official, it shall make a public report thereon to the Town Council
or the Board of Education, as the case may be.
(6)
A paid
consultant or a business performing work for the Town, said Commission
shall have authority to disbar such paid consultant or contractor
from doing business with the Town for a period of up to 10 years.
C.
Nothing in the foregoing shall be construed to deter
prosecution and/or recovery of damages and costs under the laws of
the State of Connecticut.
D.
Any person found responsible for an ethical violation
shall have the right to an appeal as outlined in the Connecticut General
Statutes.
The Ethics Commission may appoint special counsel,
who shall not be the Town Attorney, to investigate complaints made
to the Commission, administer an oath, apply to the appropriate authority
to secure subpoenas on behalf of the Commission, determine if probable
cause exists and to make recommendations to the Commission based upon
the investigation.
Any person having knowledge of certain activities
related to or occurring in a department or agency of a municipality,
or in any large municipal contract, may transmit such information
to the Office of the Attorney General (OAG), which may investigate
it. All Town employees, officials, and paid consultants shall not
retaliate against any such person for reporting activities to the
OAG. The OAG may also investigate any report of retaliation by a municipal
or municipal contract officer or employee against any employee who
has disclosed information to the OAG.
The powers created herein shall be in addition
to, and not in place of, any other Town policy or ordinance previously
or subsequently enacted.
