As used in this chapter, the following words shall have the
following meanings, unless a different meaning is required by the
content or is specifically prescribed:
AGENCY
Includes the Board of Selectmen and the Board of Education
of the Town, and all commissions, committees, boards and agencies
appointed by either such board.
CODE
This Code of Ethics.
FINANCIAL INTEREST
Any financial interest, direct or indirect, which is of more
value than $100 to an officer, employee or member of an agency of
the Town and which is not common to the interest of other citizens
or nonresident taxpayers of the Town. "Financial interest" shall include
the private financial interest of a spouse or child who is a member
of the household. "Financial interest" shall also include the interest
of any subcontractor of any prime contract with the Town and the interest
of any spouse or child who is a member of the household in any corporation,
firm or partnership which has a direct or indirect interest in any
transaction with the Town.
OFFICER OR EMPLOYEE
Includes any Town official (other than a Justice of the Peace)
elected by the public, and any employee of the Town or of any agency.
TRANSACTION
Includes the offer, sale or furnishing of any real or personal
property, material, supplies or services, by any person, directly
or indirectly, as vendor, prime contractor, subcontractor or otherwise,
for the use and benefit of the Town for a valuable consideration.
No officer, employee or member of an agency shall grant any
special consideration, treatment or advantage to any person beyond
that which is available to every other person similarly situated.
No officer, employee or member of an agency shall, without proper
authorization, disclose confidential information concerning Town affairs,
nor shall he use such information to advance the financial interests
of himself or others.
No officer, employee or member of an agency shall use or permit
the use of Town-owned or -leased vehicles, equipment, material or
property for personal convenience or profit except when the use thereof
is available to the public generally or is provided in conformance
with established Town policies for such person in the conduct of Town
business.
No officer, employee or member of an agency shall accept from
any person in any calendar year any gifts or favors having a total
value in excess of $100, whether in the form of a service, a loan
at less than a commercially reasonable interest rate, a material thing
or a promise from any person who to his knowledge has an interest,
direct or indirect, in the business dealings of the Town; nor shall
any such person accept, agree to accept or solicit any gift or favor
that may tend to influence him in the discharge of his duties or to
influence any improper service, favor or thing of value.
The provisions of §
36-7C shall apply to any former officer, employee or member of an agency if the service concerns a matter which was pending before him prior to the time he ceased to be an officer, employee or member of an agency.
A violation of this Code of Ethics by any appointed officer,
employee or member of an agency shall constitute grounds for disciplinary
action, including but not limited to reprimand, suspension and dismissal.
If any section, clause, provision or portion of this code shall
be held to be invalid or unconstitutional by any court of competent
jurisdiction, such holding shall not affect or impair any other section,
clause, provision or portion of this code.
This code shall become effective 15 days after publication in
a newspaper having a substantial circulation in the Town of Winchester.
The Town Clerk shall cause a copy of this Code of Ethics, Chapter
36, as amended, to be distributed to every current Town official, member of any board, commission or agency and employee of the Town of Winchester, elected or appointed, paid or unpaid, within 60 days of the enactment of this chapter. Each Town official, member of any board, commission or agency and employee elected or appointed subsequent to enactment of this chapter shall be furnished a copy of this Code of Ethics before entering upon the duties of his or her office or employment. A signed receipt for all copies shall be returned to the Town Clerk and retained on file.