[Ord. of 11-9-09, § 1]
The proper operation of the Town government requires that public
officers, officials and employees be independent, impartial and responsible
to the people; that governmental decisions and policies be made in
the proper channels of governmental structure; that public office
and employment not be used for personal gain; and that the public
has confidence in the integrity of its government.
The purpose of this code is to set forth standards of ethical
conduct for those who serve or conduct business with the Town; to
define those covered by the code of ethics; to assist those parties
under the jurisdiction of the Ethics Commission by establishing guidelines
for their conduct in order to maintain a tradition of responsible
and effective public service; and to establish rules of procedure
to be followed by the Ethics Commission in receiving, adjudicating
and reporting on alleged violations of the code of ethics.
[Ord. of 11-9-09, § 2]
As used in this document, the following words or phrases, unless
a different meaning is required by the context or is specifically
prescribed, shall have the meanings indicated:
Includes all departments, boards, commissions and committees
of the Town.
The Durham Code of Ethics as amended from time to time.
Any information concerning the property, business or affairs
of the Town not generally available to the public; personnel matters
and financial matters that, if disclosed, would be of detrimental
interest to the Town or a violation of trust.
Any thing having a monetary value, including but not limited
to entertainment, food, beverage, travel, lodging, given or paid,
or any thing of benefit, regardless of monetary value.
A gift shall not include:
A political contribution otherwise reported as required by law
or a donation or payment as described under State of Connecticut Statutes
Code of Ethics for Public Officials, Subdivision (9) or (10) of Subsection
(b) of § 9-601a;
Goods or services provided by persons volunteering their time
if provided to aid or promote the success or defeat of any political
party or candidates for public office or position of convention delegate
or Town committee member or any referendum question;
A commercially reasonable loan made on terms not more favorable
than loans made in the ordinary course of business;
A gift received from an individual's spouse (or cohabitating
individual), fiance, the parent, brother or sister of such spouse
or individual, or the child of such individual or spouse of such child,
or grandchildren of such individual or spouse;
Goods or services provided to the Town for the use on Town property
or to support an event or the participation by a public officer, official
or employee at an event and which facilitate Town actions or functions;
A rebate, discount or promotional item available to the general
public;
Printed or recorded informational material germane to Town action
or functions;
An individual's spouse (or cohabitating individual), fiance,
the parent, brother or sister of such spouse or individual, or the
child of such individual or spouse of such child, or grandchildren
of such individual or spouse.
Any contractor, subcontractor or consultant proposing to
provide, currently providing or who formerly provided goods or services
to the Town in exchange for compensation.
Public officers, officials, or employees of the Town, and
members of boards, committees and commissions.
Any personal interest in any Town matter which goes beyond
that of the public generally and shall include any interest arising
from a blood or marriage relationship or close business association.
Any actual, or potential, economic gain in excess of that
expected to be, or is, derived by members of the public generally
and shall include the private financial interest of a spouse or minor
child of an officer, official or employee of the Town.
[Ord. of 11-9-09, § 3]
(a)
Use of Town assets: No officer, official, employee of the Town or
independent contractor shall use or permit the use of Town funds,
services, property, equipment, owned or leased vehicles, or materials
for personal convenience or profit, except when such services or assets
are available to the public generally or are provided in conformance
with established Town policies for the use by such officer, official,
employee or independent contractor.
(b)
Fair and equal treatment: No officer, official, employee of the Town
or independent contractor shall grant or accept any special consideration,
treatment or advantage to or from any person beyond that which is
available to the general public.
(c)
Conflict of interest: No officer, official or employee of the Town
shall engage in any business, employment or transaction, or shall
have a private financial interest or personal interest, direct or
indirect, which is incompatible with the proper discharge of his or
her official duties in the public interest or which would tend to
impair his or her judgment, independence or action in the performance
of official duties.
Disclosure and disqualification in matters involving a private
financial interest or a personal interest:
|
Any officer, official or employee of the Town who has a private
financial interest or a personal interest in any matter coming before
any board, commission, committee or agency of the Town shall make
that interest known to such body. Such disclosure shall be included
in the official record of the relevant board, commission, committee
or agency.
| |
|
Furthermore, if such officer, official or employee is a member
of such body, he or she shall refrain from voting upon or otherwise
participating in the body's consideration of the matter. No officer,
official or employee of the Town shall appear for or represent any
person in any matter pending before any board, commission, committee
or agency of which he or she is a member.
|
(d)
Disclosure of confidential information: No officer, official, employee
of the Town or independent contractor shall disclose or use any confidential
information obtained in an official capacity for the purpose of advancing
the private financial interest or the personal interest of themselves
or others.
(e)
Gifts or favors: No officer, official or employee of the Town or
member of his or her immediate family shall solicit or accept any
gift from an independent contractor.
(f)
Use of influence: No officer, official or employee of the Town, in
furtherance of a private financial interest or a personal interest
shall solicit any business, directly or indirectly, from another officer,
official or employee of the Town over whom he or she has any direct
or indirect control or influence with respect to supervision, tenure,
compensation or duties.
(g)
Representation of private interests: No officer, official or employee
of the Town shall appear on behalf of private interest before any
board, commission or agency of the Town, nor shall be or she represent
private interests in any action, proceedings or litigation against
the Town when such appearance or representation would be in conflict
with or impair his or her independence or judgment in the performance
of the official duties of such officer, official or employee.
(h)
Committee service by members of the Ethics Commission: Members of
the Ethics Commission shall not concurrently serve on any other board,
commission or committee of the Town.
[Ord. No. of 11-9-09, § 4]
The Code shall apply to independent contractors and to all public
officers, officials and employees of the Town and members of boards,
committees and commissions in the performance of their duties.
[Ord. of 11-9-09, § 5]
(a)
Generally. The Ethics Commission shall receive complaints from any
person of any alleged violation of the code. Any complaint filed must
be in writing on a form prescribed by the commission and signed under
penalties of false statement by the individual making said complaint
before:
(1)
A judge of a court of record;
(2)
A clerk or a deputy clerk of a court having a seal;
(3)
A Town Clerk;
(4)
A notary public;
(5)
An attorney admitted to the bar of this state; or
(6)
A justice of the peace.
|
No complaint may be made under the code unless it is filed with
the commission within three years after the violation alleged in the
complaint has been committed. If multiple violations are alleged,
the three-year limitation shall be applied separately to each such
alleged violation.
|
(b)
Filing of complaint and jurisdiction. The complaint shall be sent
by certified mail or delivered in person to the Chairman, Durham Ethics
Commission C/O Durham Town Hall. The chairman shall provide copies
of the complaint to Ethics Commission members, including any exhibits
attached thereto. The Ethics Commission shall consider the complaint
in executive session within 30 business days after its receipt by
the chairman either at a regularly scheduled Ethics Commission meeting
or at a special meeting called for that purpose.
|
In order to proceed to a probable cause determination, the Ethics
Commission shall initially determine the following:
|
(c)
Lack of jurisdiction. If the Ethics Commission determines that it
lacks jurisdiction to proceed with a probable cause determination,
it shall so notify the complainant by certified mail and seal the
case file.
(d)
Acceptance of jurisdiction. If the Ethics Commission accepts jurisdiction,
it shall so advise both the complainant and respondent by certified
mail and provide a copy of the complaint (and any other information
submitted by the complainant) to the respondent. The Ethics Commission
shall advise the complainant and the respondent by certified mail
that it will conduct a probable cause determination and invite the
respondent to provide any information the respondent deems relevant
to the commissions determination of probable cause. Such information
must be submitted to the commission within 21 days of notification.
[Ord. of 11-9-09, § 6]
Within 30 days after the response period specified in § 2-55(d), the Ethics Commission shall meet to determine if there is probable cause that a violation of the code has occurred. In so doing, the Ethics Commission shall only consider the information submitted by the complainant and the respondent.
If the Ethics Commission does not find probable cause of a violation
of the code, it shall so notify both the complainant and the respondent.
Such notification shall be made in writing within three business days
of such determination. Upon a finding of no probable cause, the case
file will be sealed and all matters pertaining thereto shall remain
confidential.
If the Ethics Commission determines, by three affirmative votes
that there is probable cause of a violation of the code, it shall
so notify both the complainant and respondent in writing within three
business days of such determination.
Within 30 days of a finding of probable cause, the Ethics Commission
shall schedule a hearing to determine if a violation of the code has
occurred. The Ethics Commission shall notify both the complainant
and the respondent of the date, time and place of such hearing. Such
notification shall be made in writing within three business days of
the scheduling of the hearing.
All notifications under this section shall be sent certified
mail, return receipt requested.
[Ord. of 11-9-09, § 7]
The Ethics Commission shall conduct a hearing to determine if
a violation of the code has occurred.
The complainant, respondent and, at their discretion their respective
counsels, shall appear at the hearing.
All parties and witnesses shall be duly sworn under oath prior
to testifying before the commission.
The complainant shall be allowed to present evidence, including
documents and witnesses.
The respondent shall be allowed to examine and cross-examine
witnesses presented and be allowed to offer before the Ethics Commission
any evidence or witnesses on their behalf.
The commission shall have the right to question any witnesses
appearing before it, and call any other witnesses it considers necessary
for a full and complete investigation of the complaint.
The Ethics Commission shall have the power to compel the attendance
of witnesses and the production of books, documents, records and papers
by subpoena.
The commission shall schedule additional hearings as needed.
Within 15 business days after the presentation of all evidence,
the Ethics Commission shall deliberate and vote upon the complaint.
A minimum of four affirmative votes shall be required to make a finding
that the respondent has committed a violation of the code.
[Ord. of 11-9-09, § 8]
Except as required by law to preserve rights of confidentiality,
the Ethics Commission shall report to the Board of Selectmen its findings
as to whether or not a violation of the code has occurred, together
with recommendations as to the disposition to be made. The Board of
Selectmen shall thereupon take such action as it may deem appropriate.
The chairman shall render the finding(s) and recommendation(s)
of the Ethics Commission within 45 days after approval by the Ethics
Commission of said findings. A copy of the findings shall be sent
to the Board of Selectmen, the Town Clerk, the complainant and the
respondent by way of certified mail return receipt requested.
[Ord. of 11-9-09, § 9]
Any person subject to the code may request an advisory opinion
of the Ethics Commission with respect to the applicability of the
code. The request shall be submitted on a form prescribed by the Ethics
Commission. Such request shall be sent by certified mail or delivered
in person to the chairman, Durham Ethics Commission C/O Durham Town
Hall. The request shall give the name and address of the person requesting
the advisory opinion. The request shall state clearly and concisely
the substance and nature of the request; it shall identify the section(s)
of the Code concerning which the request is made, and shall identify
the particular aspect thereof to which the request is directed. A
statement of facts and any arguments that support a position taken
by the person making the request shall accompany the request.
The Ethics Commission shall render its opinion based on the
facts presented, and the advisory opinion shall be binding to the
extent the representations made in the request are factually accurate.
A copy of the advisory opinion shall be provided to the requestor,
who may rely on the opinion subject to the limitations noted in this
section.
In the event the information contained in the request is insufficient
to allow the Ethics Commission to formulate a meaningful advisory
opinion, the request will be returned to the requestor without an
opinion.
The Ethics Commission shall file its advisory opinions with
the Town Clerk, but with appropriate redactions made in order to protect
the privacy rights of the requestor, if such, in the opinion of the
Ethics Commission, is necessary.
[Ord. of 11-9-09, § 10]
The Town Clerk shall distribute copies of a current code to
all officers, officials' employees, and members of boards, commissions
and committees of the Town. Furthermore, all the above named persons
shall sign an acknowledgement of receipt of the code and agreement
to abide by its provisions. Record of such distribution and acknowledgement
shall be kept on file in the Town Clerks office.
