[HISTORY: Adopted by the Board of Selectmen of the Town of
Winchester effective 11-14-1983; amended effective 9-6-1987; 2-7-2005; and 12-4-2017 (§ 132 of the prior compilation). Subsequent
amendments noted where applicable.]
A.
The proper operation of Town government requires that public officers
and employees be independent, impartial and responsible to the people;
that governmental decisions and policies be made in the proper channels
of the governmental structure; that public office and employment not
be used for personal gain; and that the public have confidence in
the integrity of its government. The purposes of this code are to
set forth standards of ethical conduct; to assist public officers
and employees in establishing guidelines for their conduct; and to
develop and maintain a tradition of responsible and effective public
service.
B.
As required by C.G.S. § 7-148h(a), as amended, the provisions
of C.G.S. § 1-82(a) through (c), as amended shall apply
to all investigations and hearings held under this chapter. If the
Board determines that there is probable cause, it shall continue the
investigation and hold such further hearings as may be necessary;
and if the Board determines that the respondent has, in fact, violated
the provisions of this code, it shall file a memorandum of decision
with a recommendation for appropriate action with the Board of Selectmen.
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:
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.
This Code of Ethics.
The Ethics Commission established under § 36-11.
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.
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.
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.
A.
Financial interest. No officer, employee or member of an agency shall have any financial interest, or engage in any transaction or professional activity or incur any obligation of any nature, which is in conflict with the proper discharge of his duties in the public interest or which will impair his independence of judgment or action in the performance of his official duties; but the existence of such a financial interest shall not constitute a violation of this provision if the person complies in all respects with the provisions of § 36-8.
B.
Employment. No officer, employee or member of an agency shall engage
in or accept private employment or render services for private interests
when the employment or service is incompatible with the proper discharge
of his official duties or would tend to impair his independence of
judgement or action in the performance of his official duties.
C.
Representation of others before Town agency or against Town. No officer,
employee or member of an agency shall knowingly render or agree to
render for compensation or otherwise any service to any person or
party other than the Town in connection with any cause, proceeding,
application or other matter which is before any Town agency or is
the subject of litigation to which the Town is a party; but nothing
in this subsection shall prohibit an officer, employee or member of
an agency from appearing on his own behalf before any Town agency
or in any litigation.
A.
If an officer, employee or member of an agency has a financial interest
in the outcome of any matter coming before him in his official capacity,
he shall file with the Town Clerk a written statement regarding the
existence of such interest, and he shall refrain from acting, or participating
in the making of any decision, upon such matter; if the person is
an employee of the Town, he shall transmit a copy of the statement
to the Town Manager; if the person is an employee of the Board of
Education, he shall transmit a copy to the Board of Education; and
if the person is a member of an agency, he shall transmit a copy of
the statement to the chairman of the agency, who shall notify the
other members of the agency of the receipt of the statement.
B.
If an officer, employee or member of an agency has knowledge that a parent, child, sister, brother, partner or a corporation in which he owns more than 10% of the stock is doing business or proposes to do business with the Town, he shall file with the Town Clerk a written statement to that effect; he shall transmit a copy of the statement to the appropriate person or persons referred to in Subsection A of this section, and he shall refrain from acting or participating in the making of any decision regarding any such proposed business.
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.
A.
Establishment. An Ethics Commission is established as set forth in
the Town Charter. No more than three members of the Commission shall
be members of the same political party.
B.
Organization and procedure. The Commission shall elect a Chairman
and a Clerk, and shall establish its own rules of procedure. Copies
of the rules and all amendments thereof shall be filed in the office
of the Town Clerk. The Commission shall keep records of its meetings
and shall hold meetings at the call of the Chairman and at other such
times as the Commission may determine.
C.
Advisory opinions. At the written request of the Board of Selectmen
or the Board of Education, the Ethics Commission shall render advisory
opinions with respect to the applicability of the code to a particular
situation. The Commission shall also render advisory opinions at the
written request of any actual or prospective officer, employee or
member of an agency who is personally concerned. The identity of the
individual requesting the opinion shall be treated as confidential,
but the opinion of the Commission shall be a matter of public record
and shall be filed in the office of the Town Clerk. Reliance in good
faith upon an opinion of the Commission is an absolute defense to
any action brought under this code.
D.
Investigation by Commission. The following rules and procedures shall
apply for the filing of complaints and the conduct of hearings in
connection with such complaints.
(1)
All complaints alleging a violation of the Code of Ethics shall be
in writing, conforming to the Board of Ethics Complaint Form, and
must be signed and dated by all complainants. In accordance with C.G.S.
§ 1-82a, as amended, all such complaints shall be confidential
unless made public by the person against whom the complaint is made
(herein referred to as the "respondent"). Failure by the complainant
to observe the confidentiality required by the statute may result
in summary dismissal of the complaint. Complaints shall address specific
provisions of the Code of Ethics and/or contain sufficient detail
to permit the Board to identify each section of the Code that is the
subject of the complaint.
(2)
Complaints shall be written on the Board of Ethics Complaint Form
and hand-delivered or mailed to the Chair of the Board of Ethics (herein
referred to as the "Board"). Copies shall be sent promptly to members
of the Board and to the respondent. The Board shall convene in an
executive session and determine whether the complaint justifies an
investigation. If the complaint fails to provide sufficient information
upon which the Board can take appropriate action or fails to fall
within the Board's jurisdiction, the complaint shall be returned to
complainant.
(3)
If, after preliminary review, the Board determines that the complaint
fails to address a matter that is within the purview of the code,
the Board may dismiss the complaint without further proceedings.
(4)
If the Board determines that the complaint warrants an investigation,
the Board may convene the entire Board to conduct a confidential investigation.
As part of the investigation, the respondent shall have the right
to be present and heard. Upon completion of the investigation and
after due discussion by the Board, the Board shall determine, by majority
vote, whether or not probable cause exists that a violation of the
ethics code has occurred.
(5)
Upon a finding of probable cause, the Board shall set a date for
a public hearing on the complaint which is not less than 10 days nor
more than 30 days after notice has been given to the respondent that
the Board has found probable cause and is proceeding with a public
hearing on the complaint. The date of the hearing may be set by the
Board sooner than 10 days or later than 30 days for good cause shown.
The reason for granting an earlier or later date shall be set forth
in the minutes of the Board. Any hearing on a complaint may be adjourned
by the Board for a reasonable time to allow all relevant evidence
to be presented.
(6)
In accordance with C.G.S. § 1-82a, as amended, not later
than three days after the termination of the investigation, the Board
shall inform the complainant and respondent of its finding and provide
them a summary of its reasons for making that finding. If the Board
finds no violation of the code, the complaint and the record of its
investigation shall remain confidential, except upon request of the
respondent. If the Board finds a violation of the code, such finding
shall be forwarded, not later than five days after the termination
of the investigation, to the Board of Selectmen with respect to respondents
under its jurisdiction or to the Board of Education with respect to
respondents under its jurisdiction. The finding shall also be made
public, except as set forth in C.G.S. § 1-82a, and except
as may be otherwise ordered by a court of competent jurisdiction.
(7)
All hearings shall be conducted in accordance with C.G.S. § 1-82a,
as amended, with confidentiality rules strictly adhered to; provided,
however, in the case of a nonpublic hearing, the respondent shall
have the right to a public hearing. All parties shall have the right
to legal counsel at their own expense. All parties are permitted to
produce witnesses and to cross-examine witnesses. The Board reserves
the right to call additional witnesses. Witnesses shall testify under
oath. All parties shall have the right to be fully heard. Any party
to the proceeding may introduce relevant documentary evidence. In
nonpublic hearings, evidentiary documents shall be subject to the
confidentiality rules.
(8)
Aside from the hearing process, the Board may conduct such other
investigations as it deems necessary to reach a conclusion on a complaint,
and the results of any such investigation shall be disclosed to the
parties.
(9)
Upon conclusion of a hearing, the Board shall recommend to the Board
of Selectmen or Board of Education, as the case may be, that the complaint
be dismissed or, if not dismissed, that the respondent be reprimanded
or disciplined. The Board's recommendation shall be advisory only
and not binding on the Board of Selectmen or Board of Education, and
they may take whatever action they deem appropriate in accordance
with this Code of Ethics and other applicable law.
(10)
By agreement of the Board and the parties in any proceeding
conduction under the Code of Ethics and these rules, rules and procedures
may be modified to accommodate a particular circumstance, provided
that any such modification shall be in accordance with applicable
law.
E.
Expenses and compensation. The members of the Commission shall serve
without compensation for their services. In the performance of its
duties and in the exercise of its powers, the Commission shall not
incur any expense in excess of the funds appropriated by the legislative
body for such purpose.
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.
