This chapter shall be known and referred to as the "Code of
Ethics of the Town of Southington."
[Added 4-24-2006]
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
Town of Southington, and it must be based on honest and fair deliberations
and decisions. This process must be free of threats, favoritism, undue
influence and all forms of impropriety so that the confidence of the
public is not eroded. With this code, the Town of Southington 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.
[Amended 4-24-2006]
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Includes all departments, boards, commissions, committees
and the Town Council.
The person filing a written, verified complaint under oath.
Each and every person employed by the Town in any capacity,
whether as a classified employee, unclassified employee, full-time
employee or part-time employee, and all employees of the Board of
Education.
Any interest with a monetary value of $100 or more or which
generates a financial gain or loss of $100 or more per person in a
calendar year.
Each and every person appointed by the Town Council or by
the Town Manager to any authority, board, commission or agency, whether
autonomous or not, of the Town.
An interest in any action taken by the municipality in which
an individual will derive a nonfinancial benefit or detriment which
will result in the expenditure of municipal funds.
Includes the private financial interest of oneself, a spouse,
minor child, a person who is or has been one's partner or joint venturer
within the prior year, of a Town official, member of a board, commission
or agency, employee of the Town, or an interest in which the official,
member of a board, commission or agency or employee is a silent partner
or has an interest held by a trustee.
The person or board to whom a report by the Board of Ethics has been referred pursuant to § 28-14.
The person against whom an allegation has been made pursuant
to the provisions of this chapter.
Members of the Town Council, the Town Manager, Deputy Town
Manager, Town Attorney, assistant Town Attorney, boards, commissions,
committees, departments or other agencies, whether the officers, officials
and members are elected or appointed, but shall not mean Justices
of the Peace.
[Amended 4-24-2006]
No Town official, member of a board, commission or agency or
employee of the Town shall engage in any business or transaction or
shall have a private, financial or personal interest, direct or indirect,
which is in conflict with the proper discharge of his/her official
duties in the public interest and would tend to impair his/her independence
or judgment of action in the performance of his/her official duties.
This section shall not apply to contracts awarded to the lowest responsible
bidder after public advertisement, nor to governmental tasks which
are merely ministerial in character.
[Amended 4-24-2006]
A.
Private business or professional enterprise. A conflict of interest
exists if the officer, official, employee or member of any Town agency
has a private financial or personal interest in the outcome, or is
the owner, shareholder, member, partner, officer, employee or other
participant of, or in, a private business or professional enterprise
that will be affected by the outcome of any matter under consideration
before him/her.
B.
Speculative or investment activities. A conflict of interest exists
if the officer, official or employee, or any member of any Town agency
has such interest in any matter as it relates to investment activities
that shall benefit from use of confidential information gained from
such officer, official or employee, or member of any Town agency.
C.
Town employees (full time, part time). All full-time employees of
the Town shall devote all their time and effort in the fulfillment
of their assigned duties during those hours when it is customary for
the Town to conduct business, such hours to include meetings held
outside of customary business hours where the employee's presence
is necessary to facilitate Town business and is job-related. All part-time
employees of the Town shall be available at times necessary to fulfill
their duties or at the convenience of their supervisor or other departments
to facilitate Town business during hours in which Town business is
customarily conducted. No full-time employee shall engage in any activities
other than Town business during hours in which the Town customarily
conducts its business, unless such activity conforms with established
Town policies set by any board, commission or agency, the Deputy Town
Manager, or the Town Manager. The Town Planner, Assistant Town Planner,
Town Engineer or Assistant Town Engineer, Building Inspector or Zoning
Enforcement Officer is specifically prohibited from engaging in any
activity (in which he/she has a personal interest or private financial
interest as herein defined) relating to the purchase and sale or development
of land or buildings (other than his/her personal residence).
D.
Duty to disclose and abstain. Any Town official, member of a board,
commission or agency or employee who has a private financial or personal
interest in any action, legislative or otherwise, by any Town agency
and who is a member of, participates in discussion with, or gives
an official opinion to such Town agency, shall disclose on the written
records of such agency the true nature and extent of such interest
and refrain from any comment or vote on the matter and remove himself/herself
from the panel until the matter has been dispensed. The failure of
any officer, official, or employee or member of any Town agency to
disqualify himself or herself from action if any situation where a
conflict of interest exists shall constitute a violation of this chapter.
This section shall not apply to:
(1)
Contracts awarded to the lowest responsible bidder after public advertisement;
(2)
Unpaid appointed officials during a declared state of emergency;
(3)
Matters requiring disclosure to, or approval by, a court; or
(4)
Interests by virtue of ownership of stock in a publicly held corporation
in an amount less than 10% of the corporation's issued and outstanding
stock.
E.
Litigation. No Town official, member of a board, commission or agency
or employee of the Town shall appear in behalf of private interests
before any agency of the Town nor shall he/she represent private interests
in any action or proceeding against the Town in any litigation when
such appearance or representation would be in conflict with or would
tend to impair his/her independence of judgment and action in the
performance of his/her official duties as such Town official, member
of a board, commission or agency, or employee. An elected Town official
shall not appear before a Town agency (except on behalf of constituents
in the course of performing his/her duties as a representative of
the electorate) when such appearance or representation would be in
conflict with or would tend to impair his/her independence of judgment
and action in the performance of his/her official duties as such Town
official. Any Town official, member of a board, commission or agency,
or employee may appear before a Town agency in the performance of
official, public or civic obligations.
[Added 4-24-2006]
A.
Except as may be required by law, no Town official, member of a board,
commission or agency, or employee of the Town shall disclose any confidential
information concerning the property, government business or affairs
of the Town and neither shall he/she use such information to advance
the private financial interest of himself/herself or others.
B.
No Town official, member of a board, commission or agency, or employee
of the Town shall knowingly, with the intent to deceive, disseminate
any false information or make false statements.
[Added 4-24-2006]
No Town official, member of a board, commission or agency, or
employee of the Town shall be dismissed or reprimanded or treated
in any manner inconsistent with his/her abilities prior to the disclosure
in any way, if such person in good faith and reasonable belief files
a complaint under this code. It is the express intent of this section
to allow the code to function without fear of retribution to the complainant.
[Amended 4-24-2006]
A.
No public officials or employees, spouse or minor child of the public
officials or employees, shall accept or solicit any gift of financial
interest, whether in the form of money, thing, favor, loan or promise,
which would not be offered or given to him/her if he/she did not hold
such appointment, office or employment.
B.
Use of Town property. No Town official, member of a board, commission
or agency, or employee shall request or permit him/her or others the
use of Town-owned or -leased vehicles, equipment, materials or property
for personal convenience or profit, except when such services are
available to the public generally or are provided in conformance with
established Town policies for the use of such Town official, member
of a board, commission or agency, or employee in the conduct of Town
business.
C.
All citizens to be treated equal. No Town official, member of a board,
commission or agency, or employee shall grant any special consideration,
treatment or advantage to any citizen beyond that which is available
to every other citizen.
D.
Patronage. No Town official, member of a board, commission or agency,
or employee of the Town shall promise any employment, contract or
any relationship with the Town of Southington as an exchange for political
support or political donations.
E.
Quid pro quo. No Town official, member of a board, commission or
agency, or employee of the Town shall solicit or accept any gift from
any person, company or entity which to his/her knowledge is interested
in any pending matter within such person's official duties and responsibility.
The Town Clerk shall cause a copy of this chapter to be distributed
to every Town official, member of any board, commission or agency,
employees (classified, unclassified, full time or part time and all
employees of the Board of Education), within 90 days after enactment
of the ordinance from which this chapter derives. Each Town official,
member of any board, commission or agency, employees (classified,
unclassified, full time or part time and all employees of the Board
of Education) thereafter 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 Town Clerk and retained on
file.
