Public office is a public trust. The trust of the public is
essential for government to function effectively. Public policy developed
by government officials and employees affects every citizen of the
municipality, and it must be based on honest and fair deliberations
and decisions. This process must be free from threats, favoritism,
undue influence, and all forms of impropriety so that the confidence
of the public is not eroded. By enacting this code, this municipality
seeks to avoid any loss of trust and to maintain and increase the
confidence of our citizens in the integrity and fairness of their
government.
As used in this chapter, the following terms shall have the
meanings indicated:
BUSINESS
Any entity through which activity for profit or not for profit
is conducted, including but not limited to a corporation, partnership,
proprietorship, firm, enterprise, franchise, association, organization,
or self-employed individual.
BUSINESS WITH WHICH HE/SHE IS ASSOCIATED
A business of which the person or a member of his/her immediate
family is a director, officer, owner, partner, member, employee, compensated
agent, or holder of stock which constitutes 5% or more of the total
outstanding stock of any class.
CODE
This Code of Ethical Conduct.
COMPLAINANT
Any person who signed a complaint under penalties of false
statement alleging a violation of this code.
COMPLAINT
Any complaint received by the Commission alleging a violation
of this Code of Ethics.
CONFIDENTIAL INFORMATION
Information, whether transmitted orally or in writing, which
is obtained by reason of the public position or office held, that
is not, at the time of transmission, a matter of public record or
public knowledge.
CONFIDENTIAL INVESTIGATION
The examination, prior to the finding of probable cause,
of both written and oral evidence, that is not to be disclosed to
any third party by anyone connected with the investigation, except
upon the written request of the respondent.
CONFLICT OF INTEREST
An interest that is in substantial conflict with the proper
discharge of the official's duties or employment in the public interest
and of the official's responsibilities as prescribed by the laws of
this state, if the official has reason to believe or expect that the
official, the official's spouse or dependent child, or a business
with which he is associated, as defined herein, will derive a direct
monetary gain or suffer a direct monetary loss, as the case may be,
by reason of the official's official activity.
FINANCIAL INTEREST
Pecuniary or material benefit accruing to a Town official/employee
as a result of a contract, transaction, zoning decision or other matter
which is, or may be, the subject of an official act or action by or
with the Town of East Haddam except for such contracts of transactions
which by their terms and by the substance of their provisions confer
the opportunity and right to realize the accrual of similar benefits
to all persons and/or property similarly situated.
GIFT
Anything of value, including entertainment, food, beverages,
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.
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 C.G.S. § 9-601a;
[Amended 3-28-2018]
B.
A commercially reasonable loan made on terms not more favorable
than loans made in the ordinary course of business;
C.
A gift received from a member of a person's immediate family
or fiancee;
D.
Goods or services which are provided to the municipality or
that support an event and which facilitate government actions or functions;
[Amended 3-28-2018]
E.
A certificate, plaque or other ceremonial award costing less
than $200;
F.
A rebate or discount on the price of anything of value made
in the ordinary course of business, without regard to that person's
status;
G.
Printed or recorded information germane to government action
or functions;
H.
An honorary degree bestowed upon a public official or public
employee by a public or private university;
I.
A meal provided at an event or business meeting and/or the registration
or entrance fee to attend such an event, in which the public official
or public employee participates in his official capacity;
J.
A meal provided in the home by an East Haddam resident;
K.
Gift-giving occasions recognized by the public, including Christmas,
Chanukah, birthdays, the birth or adoption of a child, weddings, first
communions, confirmations or bar/bat mitzvahs, provided the total
value of such gifts for each event shall not exceed $150;
L.
Services provided by persons volunteering their time;
M.
A promotional item available to the general public;
[Added 3-28-2018]
N.
Anything having a value of not more than $10, provided the value
of all things provided by a donor to a recipient in any calendar year
shall not exceed $50.
[Added 3-28-2018]
IMMEDIATE FAMILY
Spouse, child, parent, grandchild, brother, sister, grandparent,
daughter-in-law, son-in-law, mother-in-law, father-in-law, sister-in-law,
brother-in-law, stepchildren and step-grandchildren.
ON THE RECORD
In writing, signed and dated, or a directive to the secretary
taking the minutes of a meeting to note in the minutes of the meeting
a special disclosure or statement.
PERSONAL BENEFICIAL INTEREST
Any interest, other than financial, which would affect the
action of the official or employee, except if that interest is based
solely on the responsibility of his/her Town office or employment.
Membership in or affiliation with a social, fraternal, charitable,
service, educational, religious, governmental or similar nonprofit
organization is not deemed to automatically create a presumption of
personal interest unless the official employee is also an employee
of the organization.
PROBABLE CAUSE
Probable cause is defined by determining whether the facts
would warrant a reasonable person to believe that a Town official
or employee violated this code; the belief should be more than a mere
suspicion, but less than proof beyond a reasonable doubt.
[Amended 3-28-2018]
RESPONDENT
Any person accused of violating this code.
TOWN OFFICIAL, OFFICER OR EMPLOYEE
An individual, whether elected or appointed, whether paid
or unpaid, full- or part-time, including members of boards, commissions
and committees in the service of the Town of East Haddam.
All appointed members of Town boards and commissions, elected
officials and department heads must recuse themselves from any decision
that would incur a conflict of interest or potential conflict of interest.
Failure to do so will constitute a violation of this code.
The Board of Selectmen 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/her office or employment. A signed receipt for all copies shall
be returned to the First Selectman and retained on file.
Any person aggrieved by any final decision of the Commission
may appeal such decision in accordance with the provisions of § 4-175
or 4-183 of the Connecticut General Statutes. If successful, any and
all reasonable legal fees will be paid by the Town of East Haddam.