[HISTORY: Adopted by the Town of Burlington 11-18-1999. Amendments noted where applicable.]
It is the declared policy of the Town of Burlington that Town
office or employment not be used for personal gain and that the residents
have complete and well-founded confidence in the integrity of its
government. To successfully operate a democratic form of government,
Town officers, employees and agents must be independent, impartial
and accountable to the people within the Town. This Code of Ethics
is designed to assure that the Town maintains that confidence in the
Town legislative, executive, ministerial and administrative processes
and in the individuals who are performing public duties.
A.
Personal gain. Town officers, employees and agents shall not abuse
their office, appointment, employment or special knowledge of Town
affairs to procure contracts or to in any other way influence or obtain
financial gain for themselves or others.
B.
Preferential treatment. Town officers, employees and agents shall
not grant consideration, treatment or advantage to any person beyond
that which is available to every other citizen.
C.
Coercion. Town officers, employees and agents shall refrain from
attempting to coerce anyone concerning the awarding of contracts;
the granting of approvals by any Town board, commission, or Town department;
political gain; or appointment to or promotion in service with the
Town.
A.
Disclosure of interest. Any Town officer, employee, or agent having
a financial, business or personal interest or financial gain in or
from any matter to be acted upon or coming before the office, board
or commission of which he or she is a member, or to an individual
over whom the Town officer, employee or agent has supervision or rank,
shall make disclosure that an interest exists and shall recuse himself
or herself. The disclosure shall be incorporated in the minutes of
the particular board or commission or memorialized in the records
of the office. Such person shall be disqualified to act in any way
upon such matter.
B.
Forbearance from solicitation of gifts. Town officers, employees
or agents having the power or duty to perform an official act or action
related to a contract, transaction, board or commission decision or
other matter which is or may be the subject of an official act or
action of the Town shall refrain from soliciting, accepting or granting
a present or future gift, favor, service, or thing of monetary value
from or to a person involved in such contract, transaction, decision
or other matter. The aforementioned prohibition against gifts or favors
shall not apply to:
C.
Use of position to affect results. Town officers, employees or agents
shall refrain from coercing or attempting to coerce anyone concerning
the awarding of contracts with the Town, the deciding of applications,
petitions or other requests before any board or commission or department
of the Town, or other Town business.
D.
Dissemination of information. Town officials, employees and agents
shall not disseminate information to another person for personal advantage,
financial gains, career advancement or political advantage.
E.
Confidential information.
(1)
Town officials, employees and agents shall not disclose confidential
information concerning the property, government, or affairs of the
Town or use such information to advance the financial or other private
interest of any other Town officer, employee or agent or anyone else.
(2)
It is understood that requests for public information shall be disclosed
or withheld in accordance with the Freedom of Information Act.[1] Town officials, employees or agents shall not use their
office, appointment or employment for the purpose of interfering with
or affecting the outcome of an election or to solicit from other employees
for political purposes. Bumper stickers may be displayed on private
vehicles parked in employee parking areas of Town Hall, but campaign
materials may not be displayed on Town vehicles or Town property except
on election day on roadsides.
[1]
Editor's Note: See C.G.S. § 1-200 et seq.
F.
Distribution. The Town Clerk shall distribute a copy of this Code
of Ethics to every Town officer, employee or agent after enactment
of this chapter. Thereafter, each new Town officer, employee or agent
elected, appointed or hired shall be furnished with a copy of this
chapter at or before the time of hire or retention and assuming the
duties of the office or position to which he/she is assigned.
[Amended 4-23-2019]
G.
Statutory conflict; elected municipal official. Notwithstanding the
provisions of any special act, the Charter or other ordinance to the
contrary, an elected municipal official of Burlington has an interest
which is in substantial conflict with the proper discharge of his
duties or employment in the public interest and of his responsibilities
as prescribed by the laws of this state if he has reason to believe
or expect that he, his spouse, a dependent child, or a business with
which he is associated, as defined in C.G.S. § 1-79, will
derive a direct monetary gain or suffer a direct monetary loss, as
the case may be, by reason of his official activity. Any such elected
municipal official does not have an interest which is in substantial
conflict with the proper discharge of his duties in the public interest
and of his responsibilities as prescribed by the laws of this state
if any benefit or detriment accrues to him, his spouse, a dependent
child, or a business with which he, his spouse or such dependent child
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. Any such elected municipal official who has a substantial
conflict may not take official action on the matter.
[Amended 4-23-2019]
A.
Duties. There shall be created a Commission which shall have the
duties and powers to hear complaints and rule upon the appropriate
disposition of this chapter; to enforce the provisions of this chapter,
including the prosecution of and hearing complaints on violations
hereof; to give non-binding advice to the Board of Selectmen (hereafter
"Board") or other Town officers and employees on ethical questions;
and to give non-binding recommendations to the Board and Town Counsel
on new and existing policies on ethics.
B.
Members. There shall be six members consisting of no more than two
nor less than one individual registered Democratic, Republican and
unaffiliated respectively. Commission members shall annually elect
their own Chairperson, Vice Chairperson and Secretary.
C.
Alternates. There shall be three alternates, appointed by the Board,
one each registered Democratic, Republican and unaffiliated, for a
term of four years. Alternates may serve in the place of an absent
regular Commission member, first choice to be a member of the same
political affiliation. Alternates should not vote unless seated for
a regular member.
D.
Appointment of members and alternates; eligibility.
(1)
No member of the Commission shall hold or campaign for any Town office,
be a Town official, or be the chairperson or vice chairperson of a
political Town committee.
(2)
A member of the Commission who, within the last three years immediately
prior to receipt of a complaint, shall have held public office or
have been a candidate for public office for the board or commission
or department involved in the complaint shall not participate in the
investigation of that complaint.
E.
Vacancy. Any vacancy on the Commission shall be filled for the unexpired
portion of the term by appointment by the Board. An individual appointed
to fill a vacancy shall be eligible for appointment thereafter. Appointments
shall be made utilizing persons of the same or similar political affiliation
so as to continue the composition as above.
F.
Terms. Commission members will be appointed to a term of four years,
to be staggered as follows: of the first Commissioners appointed,
two shall serve for four years, two for a term of three years, and
two for a term of two years. Thereafter, each Commissioner shall serve
for a term of four years.
[Amended 6-5-2012]
G.
Quorum. A quorum shall consist of five regular members or alternates
seated for regular members. No action shall be taken in the absence
of a quorum.
H.
Compensation. There shall be no salary paid to any Commission member
or alternate serving on the Commission.
I.
Meetings. The Commission shall meet within 15 business days after
establishment, after receipt of a written complaint, or otherwise
as needed, upon the call of the Chairperson.
J.
Legal counsel. The Town Counsel shall serve and advise the Commission
only. Where the Town Counsel has a conflict of interest, an independent
attorney shall be appointed by the Board to serve as legal counsel
to the Commission for the duration of that complaint.
K.
Advisory opinions.
(1)
Where any Town officer, employee or agent has a question as to the
applicability of any provision of this chapter to a particular situation,
or as to the definition of terms used herein, that individual may
apply to the Commission for a written advisory opinion. The individual
shall be given an opportunity to present his or her interpretation
of the facts at issue and of the applicability of provisions of this
chapter before such advisory opinion is rendered. The Commission may
seek the advice and assistance of the Town Counsel as necessary. The
Commission shall issue a written advisory opinion, but shall not name
the individual who requested the opinion and cause it to be circulated
to Town departments, boards and commissions.
(2)
The individual(s) who sought the advisory opinion and acted on it
in good faith, and any other Town officer(s), employee(s) or agents
who, having obtained a copy thereof, acted on the advisory opinion
in good faith and in comparable factual circumstances, shall not be
determined to have violated this chapter. The Commission may, at any
time, modify or revoke an advisory opinion. In such event, it shall
provide written notice of its action by posting the decision in the
office of the Town Clerk and circulating the decision in all departments,
boards and commissions of the Town. No person shall follow or rely
on an advisory opinion after the date of its modification, amendment
or revocation.
(3)
In the event that a Town employee, official or appointee determines
that he or she faces a situation in which some action or non-action
by that individual will affect the Town and that individual believes
that he or she may have a conflict or apparent conflict and time is
of the essence, that individual may obtain from the Chairperson of
the Commission a written temporary advisory opinion. Reliance thereon
shall mean that that individual shall not be found to have violated
this chapter. The Commission shall be convened within 15 days and
shall review the facts and circumstances of the temporary advisory
opinion and shall either ratify of modify that opinion. Upon the action
of the Commission, the temporary opinion, as ratified or modified,
shall be issued by the Commission as an advisory opinion.
A.
Confidential phase. During Phases A and B the provisions of Subsections (a) to (e), inclusive, of C.G.S. § 1-82a as amended shall apply to allegations before any such agency of such conduct, influence or activities, to an investigation of such allegations conducted prior to a probable cause finding, and to a finding of probable cause or no probable cause. Any Town officer, employee or agent involved in or learning of a complaint whether against him/herself or another shall treat such information as confidential. The complainant and respondent shall also treat the complaint and the processes in Phases A and B as confidential.
[Amended 4-23-2019]
(1)
Phase A, Initial Determination.
(a)
Complaints. Upon receipt of a written complaint from any person
on a form prescribed by the Commission, signed under penalty of false
statement, the Commission shall notify the complainant and the respondent,
by registered or certified mail, of the receipt of the complaint.
The Commission shall then meet to determine if there is sufficient
evidence to warrant an investigation. If the Commission, by a vote
of no fewer than four members, determines that the complaint does
not warrant an investigation, the complaint shall be dismissed and
notice of dismissal shall be mailed, registered or certified mail,
to the complainant and the respondent.
(b)
Timetable.
[1]
Notice of receipt: mail within five business days of receipt.
[2]
Initial meeting: within 15 business days of receipt of complaint.
There may be one continued meeting provided it occurs within 15 business
days of initial meeting.
[3]
Vote: at or before the adjournment of the initial or continued
meeting.
[4]
Notice of dismissal: mail within five business days of vote.
(2)
Phase B, Probable Cause - Investigation.
(a)
If the Commission in Phase A does not dismiss the complaint,
the Commission shall notify the complainant and any respondent against
whom such complaint is made by registered or certified mail. A copy
of such complaint shall accompany such notice. The Commission shall
have the power to hold hearings, administer oaths, examine witnesses,
receive oral and documentary evidence and to subpoena witnesses to
compel attendance and to require the production of any books, documents
and electronic data in whatever form which the Commission deems relevant.
[2]
Additionally, the respondent shall, at least seven days prior
to the commencement of any hearing herein, be provided with a list
of the Commission's intended witnesses.
[3]
The Commission shall conclude its investigation and shall thereupon
vote on the question of whether there exists probable cause to believe
the respondent is in violation of this chapter. If the Commission,
by a vote of no fewer than four members, determines that probable
cause exists to believe the respondent is in violation of any provision
of this chapter, the complainant and respondent shall be notified
of the findings and a summary of the reasons in writing, by registered
or certified mail. In the event probable cause is not found, the complainant
and respondent shall be so notified by registered or certified mail.
(b)
Timetable.
[1]
Notice of decision to investigate: mail within five business
days of vote required in Phase A.
[2]
Initial investigative meeting: within 15 business days of date
of mailing of decision to investigate. There may be one or more continuances
for the investigation meeting, provided that the required vote hereinabove
be taken no later than 45 days from the date of the initial investigative
meeting.
[3]
Vote: at or before the 45th day from the date of the initial
investigative meeting.
[4]
Notice of no probable cause: mail within five business days
of the probable cause vote.
B.
Public phase; Phase C, Adjudication of Violation.
(1)
If after its investigation in Phase B above the Commission finds
that probable cause of a violation exists it shall notify the complainant
and the respondent, by certified or registered mail, and the entire
record of the investigation shall be made available to the public.
The Commission shall thereupon convene to determine whether there
has been a violation of this chapter. The Commission shall have the
same powers as specified in Phase B. The complainant and the respondent
shall have the rights specified in Phase B plus either or both may
request that the Commission compel by subpoena attendance of witnesses
and production of books, documents, records and papers as may reasonably
be required, which request(s) shall be honored unless deemed unreasonable
by the Commission.
(a)
The Commission shall make a stenographic or tape-recorded record
of all proceedings pursuant to this phase.
(b)
The Commission shall conclude its deliberation and thereupon
vote on the question of whether the respondent is in violation of
any provision of this chapter. A vote of no fewer than four members
is required. If the Commission fails to find that the respondent has
violated this chapter, the Commission shall dismiss the complaint.
Regardless of the decision, the Commission shall notify the complainant
and respondent of its decision by certified or registered mail.
(2)
Timetable.
(a)
Notice of probable cause: mail within five business days of
the date of the vote in Phase B.
(b)
Record of investigation: deliver to Town Clerk for public review
within five business days of vote in Phase B.
(c)
Initial meeting: within 15 business days of date of mailing
of notice of probable cause. There may be one or more continuances
upon the Commission's or the partners' request, provided that the
required conclusion of deliberation and/or vote hereinabove be taken
no later than 60 days from the date of the initial meeting held pursuant
to Phase A.
(d)
Vote: at or before the 60th day from the date of the initial
meeting of this phase.
(e)
Notice of decision: mail within five business days of the vote
in Phase C.
C.
Appeal. The respondent if aggrieved by the finding and decision may
appeal therefrom to the Superior Court in accordance with the provisions
of C.G.S. § 4-183.
[Amended 4-23-2019]
D.
Bias or lack of foundation.
(1)
If any complaint brought under the provisions of this chapter is
made with the knowledge that it is made without foundation in fact,
the respondent shall have a cause of action against the complainant
who signed the written complaint for damages caused thereby, and if
the respondent prevails in such action, he or she may be awarded by
the court the costs of such action together with reasonable attorney
fees reached in the decision for damages caused thereby. If the Town
officer, employee or agent prevails, he or she may be awarded the
costs of such action together with reasonable attorney fees.
(2)
If a decision reached by the Commission is found by a court of law
to have been reached with deliberate bias or without foundation in
fact, the Town officer, employee or agent against whom the decision
was made shall have cause of action against the Commission members
who reached the decision for damages caused thereby. If the Town officer,
employee or agent prevails, he or she may be awarded by the court
the costs of such action together with reasonable attorney fees.
E.
Complaints; limitation period. Complaints must be made under this
section within one year from the date the alleged violation is discovered
but in no event longer than two years after the violation alleged
in the complaint has been committed.
A.
Any Town officer, employee or agent found by the Commission to have
willfully and knowingly violated any of the provisions of this chapter
shall be guilty of a misdemeanor, punishable by a monetary fine of
not less than $10 nor more than $100. Any such penalties may be enforced
by citation issued by the First Selectman or by the Board of Selectmen
in the event the penalty is imposed on the First Selectman, provided
that not less than five days prior to the issuance of a citation a
written notice, specifying the specific violation and penalty, is
sent to the respondent by certified, return receipt mail.
B.
Upon finding a respondent in violation of this chapter, the Commission
shall within five business days of the post probable cause hearing
advise the Board to the Commission's finding and its recommended disciplinary
action. In the case of a Town employee, the Commission shall be consistent
in its recommendations with all personnel rules and regulations and
all bargaining unit agreements.
As used in this chapter, the following terms shall have the
meanings indicated:
The Board of Selectmen.
For the purposes of this chapter, the term shall include
Town board, commission, agency, committee or any other body elected
or appointed, whether permanent or ad hoc, which can conduct Town
business, the Board and/or the Commission, where appropriate.
Any entity through which business for profit or not for profit
is conducted, including a corporation, partnership, proprietorship,
firm, enterprise, franchise, association, organization, or self-employed
individual.
A business of which the person or a member of his immediate
family is a director, officer, owner, employee, compensated agent,
or holder of stock which constitutes 5% or more of the total outstanding
stock of any class.
The Ethics Commission.
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.
The expectation, whether or not realized, of money, goods,
materials, services and/or gifts of any value.
Any interest with a monetary value of $1,000 or more which
generates a financial gain or loss of $1,000 or more in a calendar
year.
Any parent, spouse, children or dependent residing in the
individual's household.
An individual, corporation, company, business, firm, partnership
or similar business entity.
An interest in any action taken by the municipality in which
an individual will derive a non-financial benefit or detriment but
which will result in the expenditure of municipal funds.
Enhancement or attainment of political position or office
or higher political office in the Town.
The next business day after physical delivery to the Town
Clerk of a written complaint addressed to the Ethics Commission, whether
by personal delivery or by United States Postal Service delivery.
[Amended 4-23-2019]
This chapter is created under the authority of C.G.S. § 7-148h
and as amended. Any provision which is contrary to or outside the
authority granted therein or in any other statute or by common law
shall be deemed deleted. The remaining provisions shall remain in
full force and effect.
