[HISTORY: Adopted by the Council of the City
of Meriden 9-15-1980; amended in its entirety 6-6-1996. Subsequent amendments noted where applicable.]
The proper operation of democratic government
requires that public officials and employees be independent and impartial,
that public office not be used for personal gain, and that the public
have confidence in the integrity of its government. In recognition
of these goals, a Code of Ethics for all City officials and employees
is hereby adopted. The purpose of this code is to establish guidelines
for ethical standards of conduct for all such officials and employees
by setting forth those acts or actions that are incompatible with
the best interests of the City and by directing disclosure of private
financial or other interests by such officials and employees in matters
affecting the City.
As used in this chapter, the following terms
shall have the meanings indicated:
The Board of Ethics established in § 21-3.
Any entity through which business for profit or not for profit
is conducted, including a corporation, partnership, proprietorship,
firm, enterprise, franchise, association, limited liability company,
trust organization, or sole proprietorship or self-employed individual.
A business of which a person or a member of his immediate
family is a director, officer, partner, owner, employee, compensated
agent, or holder of stock which constitutes 5% or more of the total
outstanding stock of any class.
The Charter of the City of Meriden.
The City of Meriden and any special district contained therein.
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.
Any interest with a monetary value of $1,000 or more or which
generates a financial gain or loss of $1,000 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
without consideration of equal or greater value therefor. 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 § 9-601a of the Connecticut General Statutes, as amended.
A gift received from an individual's spouse,
fiancé or fiancée; the parent, brother
or sister of such spouse or such individual; or the child of such
individual or the spouse of such child.
An honorary degree bestowed upon a public official
or public employee by a public or private university or college or
a certificate, plaque or other ceremonial award costing less than
$100.
A rebate or discount on the price of anything
of value made in the ordinary course of business without regard to
the recipient's status.
Printed or recorded informational material germane
to governmental action or functions, or items of nominal value not
to exceed $25, containing or displaying promotional material, received
in the course of an individual's official duties, or a meal provided
at an event and/or the registration or entrance fee to attend such
an event, in which the public employee or public official participates
in his official capacity.
Gifts in-kind of nominal value not to exceed
$100 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/bat mitzvahs, provided
that the total value of such gifts in any calendar year does not exceed
$200 per donor.
Items of nominal value, provided in social occasions,
not to exceed $25 per occasion, or a meal provided in the home by
an individual who resides in Meriden.
An individual's spouse, fiancé or fiancée;
the parent, brother or sister of such individual or spouse; and the
child of such individual or the spouse of such child.
A natural person.
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.
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 City in which an individual
will derive a nonfinancial benefit or detriment as the result of the
expenditure of municipal funds.
Such facts as would reasonably persuade a reasonable person
to believe that the respondent has violated this code.
A person employed, whether part time or full time, by the
City.
An elected or appointed official, whether paid or unpaid
or full or part time, of the City.
B.
Although any member or employee of the Board shall
have an unrestricted right to vote, make political contributions,
and attend fund-raising or other political events, no member shall
publicly support any candidate for municipal office. Publicly supporting
a candidate includes, but is not limited to, giving a speech at a
political event or formally endorsing a candidate. Limited volunteer
activity as a campaign worker shall not constitute a violation of
this section. This provision shall not apply to a member of the City
Council appointed to the Board. A violation of this subsection shall
be a violation of this code.
C.
The Board shall elect a Chairperson who shall preside
at meetings of the Board and a Vice Chairperson to preside in the
absence of the Chairperson. Three members shall constitute a quorum.
A majority vote of the members of the Board present and voting shall
be required for action of the Board, except as hereafter set forth.
The Chairperson or any three members may call a meeting.
A.
The Board shall:
(1)
Compile and maintain a record of all reports, advisory
opinions, statements, and memoranda filed by and with the Board.
(2)
Issue advisory opinions with regard to the requirements
of this code upon the request of any person subject to this code.
Advisory opinions rendered by the Board, until amended or revoked,
shall be binding on the Board and shall be deemed to be final decisions
of the Board. Any advisory opinion concerning the person who requested
the opinion and who acted in reliance thereon, in good faith, shall
be an absolute defense to a claimed violation of this code concerning
any matter encompassed by such advisory opinion.
(3)
Report annually on or before February 1 to the City
Council summarizing the activities of the Board.
B.
The Board may adopt, after a public hearing, rules
and regulations not inconsistent with this code for the administration
and implementation of this code.
C.
The Board may employ necessary staff or outside counsel
within available appropriations.
[Amended 7-20-1998]
A.
Complaints may be filed by any five or more electors,
by the City Manager or City Attorney, by the Mayor, and by any member
of the City Council. Complaints may also be initiated by the Board.
Complaints shall be filed with the City Clerk, who shall immediately
seal said complaint and cause it to be delivered to the Chairman of
the Board.
B.
Procedure.
(1)
Complaints shall be filed on a form prescribed by
the Board and signed under penalty of false statement. The Board shall
investigate any alleged violation of this code.
(2)
Not later than 10 days after the receipt or issuance
of such complaint, the Board shall provide notice of such receipt
or issuance and a copy of the complaint by registered or certified
mail to any respondent against whom such complaint is filed and shall
provide notice of the receipt of such complaint to the complainant.
(3)
The Board shall review any complaint to determine
whether or not the allegations contained therein, if proven, would
constitute a violation of any provision of this code and whether or
not there is probable cause to believe that there has been a violation
of this code. If the Board determines that the complaint does not
allege sufficient acts to constitute a violation, or that there is
not probable cause to believe a violation of this code has occurred,
the Board shall dismiss the complaint and duly notify the complainant
and respondent by registered or certified mail.
(4)
If the Board determines that the complaint alleges
sufficient acts to constitute a violation and that there is probable
cause to believe that there has been a violation of this code, then
within 30 days after so determining the Board shall fix a date for
the commencement of the hearing on the allegation contained therein.
The hearing date regarding any complaint shall be not more than 60
days after the filing of the complaint or said complaint shall be
deemed dismissed. All hearings shall be concluded within 120 days
of such hearing date.
C.
In the conduct of its investigation and hearing of
an alleged violation of this code, the Board, to the extent permitted
by law, shall have the power to hold hearings, administer oaths, examine
witnesses, receive oral and documentary evidence, subpoena witnesses,
and require the production for examination by the Board of any books
and papers which the Board deems relevant in any matter under investigation
or in question. In the exercise of such powers, the Board may use
the services of the Department of Law, which shall provide the same
upon the Board's request. The respondent shall have the right to appear
and to be represented by legal counsel and to examine and cross-examine
witnesses.
D.
The Board shall make no determination of probable
cause that there is a violation of any provision of this code, nor
any finding that there is a violation, except upon the concurring
vote of at least four of its members. No person shall be held to have
violated this code except upon clear and convincing proof.
E.
Any hearing conducted by the Board shall be governed
by the rules of evidence standard in administrative hearings.
F.
No complaint may be made under this code except within
five years next after the violation alleged in the complaint has been
committed.
G.
No person shall take or threaten to take official
action against an individual in retaliation for such individual's
disclosure of information to the Board under the provisions of this
code. The provisions of this subsection shall apply in addition to
the provisions of § 31-51m of the Connecticut General Statutes,
as amended. A violation of this subsection shall be a violation of
this code.
A.
The Board may conduct a preliminary investigation
to determine whether the filing of a complaint on its own initiative
is warranted. This preliminary investigation shall be confidential.
Any allegations 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, the
Board, or any staff employed by or assigned to the Board.
B.
Unless the Board upon investigation and review determines
that there is probable cause to believe that there has been a violation
of this code, a complaint alleging a violation and all proceedings
prior to such determination shall be confidential except upon the
written request of the respondent.
C.
If the Board makes a finding of no probable cause,
the complaint and the record of its investigation shall remain confidential,
except upon the request of the respondent. No complainant, respondent,
witness, designated party, or Board staff member shall disclose to
any third party any information learned from the investigation, including
knowledge of the existence of a complaint, which the disclosing party
would not otherwise have known. A violation of this subsection shall
be deemed a violation of this code.
D.
The Board shall make public a finding of probable
cause not later than five business days after the termination of the
hearing. At such time, the entire record of the investigation shall
become public. The Board shall inform the complainant and the respondent
of its finding and provide them a summary of its reasons for making
such a finding by registered or certified mail not later than three
business days after termination of the hearing.
E.
Any respondent aggrieved by a decision of the Board
regarding a finding of a violation may, within 30 days, take an appeal
to the Superior Court for the Judicial District of New Haven or any
court of competent jurisdiction.
F.
Nothing herein shall prohibit the Board of Ethics
from reporting the possible commission of a crime to the appropriate
prosecutorial authority.
A.
Violation of any provision of this code shall constitute
grounds for and may be punished by:
(1)
Public censure and reprimand;
(2)
In the case of a public employee, a recommendation
to the appropriate authority for such personnel action as appears
appropriate;
(3)
A civil penalty of not more than $100 per violation;
or
(4)
Restitution of any pecuniary benefits received because
of the violation committed.
B.
Any contract, transaction or official act or action
which was entered into or taken in violation of this code shall be
voidable by resolution of the City Council.
A.
No public employee or public official shall engage
in or participate in any business or transaction, including outside
employment, or have an interest, direct or indirect, which is incompatible
with the proper discharge of his official duties or responsibilities
or which would tend to impair his independent judgment or action in
the performance of his official responsibilities, as hereinafter defined
in this section.
B.
Gifts.
(1)
No public employee or public official shall solicit
or accept any gift from any person who to his knowledge is interested
in any pending matter within such individual's official responsibility.
(2)
If a prohibited gift worth more than $100 is offered,
it must be refused and reported to the City Manager, the City Attorney,
or Chairman of the Board of Ethics. An unsolicited gift may be donated
to a charitable organization or retained by the City at the discretion
of the City Manager.
C.
Voting and participating in certain matters.
(1)
A public employee or public official shall refrain
from voting upon or otherwise participating in any matter if he, a
business with which he is associated, or a member of his immediate
family has a financial or personal interest in the matter.
(2)
If such participation is within the scope of the public
employee's or public official's official responsibility, he shall
be required to provide written disclosure, which sets forth in detail
the nature and extent of such interest, to the Board.
(3)
Notwithstanding the above, a public employee or public
official may vote or otherwise participate in a matter if it involves
a determination of general policy and any benefit or detriment accrues
to him, a member of his immediate family, or a business with which
he or a member of his immediate family is associated as a member of
a profession, occupation or group to no greater extent than to any
other member of such profession, occupation or group.
D.
Except for a public official who receives no compensation
for his service to the City other than per diem payments and reimbursement
of expenses, no public employee or public official shall:
E.
Nothing contained in this code shall prohibit or restrict
a public employee or public official from appearing before any board,
agency or commission of the City on his own behalf, or from being
a party in any action, proceeding or litigation brought by or against
the public employee or public official to which the City is a party,
or from appearing before any board, agency or committee of the City
in his official capacity in any matter in which he does not have a
personal interest.
F.
No public employee or public official shall disclose
confidential information concerning municipal affairs, nor shall he
use such information for the financial interests of himself or others.
G.
No public employee or public official shall request
or permit the use of City-owned vehicles, equipment, facilities, materials
or property for personal convenience or profit, except when such is
available to the public generally or is provided as City policy for
the use of such public employee or public official in the conduct
of official business.
H.
No public employee or public official, or a business with which he is associated, or member of his immediate family, shall enter into a contract with the City unless it is awarded in conformity with the provisions of § C8-1 of the Charter, as amended.
I.
No public employee or public official may use his
position or office for the financial benefit of himself, a business
with which he is associated, or a member of his immediate family.
J.
No public employee or public official shall accept
a fee or honorarium for an article, appearance or speech, or for participation
at an event, in his official capacity.
K.
No public employee or public official, or member of
such individual's immediate family or business with which he is associated,
shall solicit or accept anything of value, including but not limited
to a gift, loan, political contribution, reward or promise of future
employment, based on any understanding that the vote, official action
or judgment of the public employee or public official would be or
had been influenced thereby.
A.
No paid contractor of the City shall represent a private
interest in any action or proceeding against the interest of the City
which is in conflict with the performance of his duties pursuant to
his contract.
B.
No paid contractor may represent anyone other than
the City or himself concerning any matter in which he participated
personally and substantially as a contractor to the City.
C.
No paid contractor shall disclose confidential information
learned while performing his duties for the City nor shall he use
such information for any purpose other than in performing under said
contract.
A.
No former public employee or public official, except
a public official who receives no compensation for his service to
the City other than per diem payments and reimbursement of expenses,
shall appear for compensation before any City board or agency by which
he was formerly employed, or which he provided service to, or was
a member of, at any time within a period of one year after termination
of his service with the City.
B.
No former public employee or public official shall
represent anyone other than the City concerning any particular matter
in which he participated personally and substantially while in municipal
service.
C.
No former public employee or public official shall
disclose or use confidential information acquired in the course of
and by reason of his official duties, for financial gain for himself
or others.
D.
No former public employee or public official who participated substantially in the negotiation or award of a municipal contract obliging the City to pay an amount of $100,000 or more, or who supervised the negotiation or award of such a contract, shall accept employment with a party to the contract other than the City for a period of one year after such contract is signed, except for such contracts as may be awarded to the lowest bidder in conformity with § C8-1 of the Charter.
A.
A public official or employee shall disclose any financial or personal interest which he, or a business with which he is associated, or a member of his immediate family, has in any matter within the scope of such official's or employee's duties and official responsibilities as required by § 21-8C of this code.
B.
Such person shall disclose such other information
as requested by the Board which is reasonably likely to lead to the
discovery of information relevant to whether or not a violation of
this code has occurred.
No public official or employee shall be found
to have violated any provision of this code by reason of:
A.
Voluntary, uncompensated service to, membership in
or affiliation with a social, fraternal, charitable, service, religious,
philanthropic, cultural or similar nonprofit institution or organization.
B.
A commercially reasonable loan made in the ordinary
course of business by an institution or organization authorized by
law to engage in the making of such loans.
C.
One or more contractual relationships with any specific
entity totaling less than $1,000 within a one-year period.
A.
The Department of Law shall provide representation
to the Board upon request and shall not represent any public official
or employee in Board proceedings.
B.
Any public officer or employee who is the respondent
in any complaint filed with the Board and who wishes to be represented
by an attorney with regard to said complaint and to have the City
pay the fees of such attorney shall submit the proposed scope of work
and hourly or other fee agreement of such attorney to the City Attorney,
who shall approve or disapprove the same within seven days.
C.
Provided that the City Attorney shall have given prior
written approval to such scope of work and hourly or other fee agreement,
the City shall pay the fees of such attorney with respect to any matter
alleged in such complaint upon which the Board does not find the respondent
to have violated this code.
The City Council shall inquire into any failure
of the Board of Ethics to complete any action required of it within
the time limits fixed by this code. The City Council may order said
Board to so act or refer the complaint to a committee of the City
Council to act thereon in accordance with this code.
The City Clerk shall cause a copy of this Code
of Ethics to be distributed to every public employee and public official
within 60 days after enactment of this code. Each public employee
and public official shall be furnished a copy before entering upon
the duties of his office or employment. A signed receipt for all copies
shall be returned to the City Clerk and retained on file. The City
Clerk shall make additional copies available without charge to any
person engaged in any transaction with the City.
