[Ord. of 1-5-2004]
(a)
The City of Milford hereby establishes a municipal Ethics Commission
(hereinafter the "Commission") consisting of five members. The members
shall be appointed by the Mayor with the consent of 80% of the members
of the Board of Aldermen who are present and voting. The members of
the Commission shall serve terms of three years, except that, of the
initially appointed members, one shall serve for one year, two for
two years, and two for three years. No individual shall be appointed
to more than one three-year term, provided a member may continue in
office until a successor has bee appointed. No more than two shall
be members of the same political party.
(b)
All members of the Commission shall be electors of the municipality.
No member of the Commission shall: (1) hold or campaign for any public
office during his term; (2) have held public office or have been a
candidate for public office for a three-year period prior to appointment;
(3) hold office in any political party or political party or political
party or political committee; (4) serve as a member of any other agency
of the municipality; (5) be a public official or public employee of
the municipality or an official or employee of a quasi-public agency
of the municipality; or (6) be a party to any contract to do business
with the City of Milford.
(c)
(1)
Although any member or employee of a Commission shall have an unrestricted
right to vote, make political contributions or attend fund-raising
or other political events, no member or employee 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, posting a sign at his/her home or business.
(2)
No candidate for municipal office may disseminate information that
indicates that a Commission member or employee supports the candidate's
candidacy.
(d)
The members of the Commission shall elect a Chairperson who shall
preside at meetings of the Commission and a Vice Chairperson to preside
in the absence of the Chairperson. Three members shall constitute
a quorum. A majority vote of the Commission shall be required for
action of the Commission. The Chairperson or any three members may
call a meeting of the Commission.
(e)
Any member of the Commission may be removed upon recommendation of
the Mayor and by vote of 80% of the Board of Aldermen present and
voting, after a hearing, in the event that said member(s) is found
to have violated the provisions of this section or the Code of Ethics.
[Ord. of 1-5-2004]
(a)
The Commission shall: (1) compile and maintain a record of all reports,
advisory opinions, statements and memoranda filed by and with the
Commission to facilitate public access to such reports and statements;
(2) issue advisory opinions with regard to the requirements of the
Code of Ethics upon the request of any person bound by the Code; (3)
participate in and coordinate ethics training for City officials and
employees; (4) distribute a copy of the Code of Ethics to each City
official and employee; and (5) report annually on or before February
first to the legislative body of the municipality, summarizing the
activities of the Commission. Advisory opinions rendered by the Commission,
until amended or revoked, shall be binding on the Commission and shall
be deemed to be final decisions of the Commission. Any advisory opinion
concerning the person who requested the opinion and who acted in reliance
thereon, in good faith, shall be an absolute defense in any matter
brought under the provisions of this Code.
(b)
The Commission may employ necessary staff or outside counsel within
available appropriations through a designated account(s).
[Ord. of 1-5-2004]
(a)
(1)
The jurisdiction of the Commission's investigatory powers are
limited to alleged violations of the Code of Ethics. Upon the complaint
of any person on a form prescribed by the Commission, signed under
penalty of false statement, or upon its own complaint, signed by at
least four members of the Commission, the Commission shall investigate
any alleged violation of the code. If a complaint alleges criminal
acts, as defined by state or federal law, the Commission shall forward
the complaint to the Milford Police Department, who shall have independent
and exclusive jurisdiction over the matter until such time as the
records of the investigation become public.
(2)
Not later than 15 days after receipt or issuance of such complaint,
the Commission 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)
If the complaint has been filed by a member of the public, the Commission
shall review the complaint to determine whether or not the allegations
contained therein if substantiated constitute a violation of any provision
of the Code of Ethics. If the Commission determines that the complaint
does not allege sufficient acts to constitute a violation of the Code,
the Commission shall dismiss the complaint and duly notify the complainant
and respondent by registered or certified mail.
(4)
If the Commission determines that the complaint alleges sufficient
acts to constitute a violation, then within 30 days after so determining,
the Commission shall fix a date for the commencement of a hearing
on the allegation(s) contained in the complaint. The hearing date
regarding any complaint shall be not more than 60 days after the filing
of the complaint.
(b)
(1)
In the conduct of its investigation of an alleged violation of the
Code, the Commission 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 Commission
of any records which the Commission deems relevant in any matter under
investigation or in question.
(2)
The respondent shall have the right to appear and to be represented
by legal counsel and to examine and cross-examine witnesses at any
such hearing. Any hearing conducted by the Commission shall be governed
by the Administrative Procedures Act as set forth in Gen. Stat. § 4-166
et seq.
(c)
The Commission shall make no finding that there is a violation of
any provision of the Code except upon the concurring vote of at least
four of its members.
(d)
No complaint may be made under the Code except within one year after
the violation alleged in the complaint has been committed.
(e)
After receipt of information from an individual, the Commission shall
not disclose the identity of such individual without the individual's
consent unless disclosure is unavoidable.
[Ord. of 1-5-2004]
(a)
Each complaint under this Act and the record of the Commission's
investigation shall remain confidential, except upon the request of
the respondent, unless and until the Commission determines that there
is probable cause that a violation was committed. Probable cause means
more than mere suspicion. There must be facts and circumstances of
which the Commission possesses trustworthy information, sufficient
to justify the belief of a reasonable person that a violation of the
Code of Ethics has been or is being committed and that the respondent
is the person who committed it. See, e.g. State v. Glen, 251 Conn.
567 (1999) and cases cited therein. No complainant, respondent, witness,
designated party or Commission member or employee shall disclose to
any third party any information learned from an investigation of a
complaint, including knowledge of the existence of a complaint.
(b)
The Commission shall inform the complainant and the respondent of
its finding with regard to the complaint and provide them a summary
of its reasons for making such a finding by registered or certified
mail not later than 15 business days after termination of the hearing.
The Commission shall make public a finding of a violation not later
than 20 business days after the termination of the hearing. Upon a
finding of violation, the entire record of the investigation shall
become public. If the complaint is dismissed or there is a finding
of no probable cause, the respondent shall be indemnified in accordance
with Gen. Stat. § 7-465a, including reimbursement of reasonable
attorney's fees incurred as a result of the complaint.
(c)
Any respondent aggrieved by a decision of the Commission regarding
a finding of a violation may, within 30 days, take an appeal to the
superior court for the judicial district in which the municipality
is located.
[Ord. of 1-5-2004]
Violation of any provision of the Code of Ethics shall constitute
grounds for, and may be punished by (1) public censure and reprimand;
(2) in the case of an elected official, request of resignation by
the Commission; (3) in the case of a public employee, recommendation
of dismissal from employment or recommendation of suspension from
employment for not more than 90 days without pay provided that the
violation or record of cumulative violations constitute "just cause"
in accordance with settled labor law, upon advice of counsel; (4)
a civil penalty in accordance with the Municipal Powers Act; or (5)
restitution of any pecuniary benefits received because of the violation
committed.
[Ord. 1-5-2004]
The members of the Commission shall adhere to the following
code of conduct under which the members shall: (1) observe high standards
of conduct so that the integrity and independence of the Commission
may be preserved; (2) respect and comply with the law and conduct
themselves at all times in a manner which promotes public confidence
in the integrity and impartiality of the Commission; (3) be faithful
to the law and maintain professional competence in the law; (4) be
unswayed by partisan interests, public clamor or fear of criticism;
(5) maintain order and decorum in proceedings of the Commission; (6)
be patient, dignified and courteous to all persons who appear in Commission
proceedings and with other persons with whom the members deal in their
official capacity; (7) refrain from making any statement outside of
a Commission proceeding, which would have a likelihood of prejudicing
a Commission proceeding; (8) refrain from making any statement outside
of a Commission proceeding that a reasonable person would expect to
be disseminated by means of public communication if the member or
employee should know that such statement would have a likelihood of
materially prejudicing or embarrassing a complainant or a respondent;
(9) preserve confidences of complainants and respondents; (10) exercise
independent professional judgment on behalf of the Commission; and
(11) represent the Commission competently.
