[Amended 5-5-2008; 6-20-2011]
The proper operation of democratic government requires that
public officers and employees be independent, impartial and responsible
to the people of Wethersfield; that government decisions and policy
be made in the proper channels of governmental structure; that public
office not be used for personal or private gain; that the public have
confidence in the integrity of government; that public officials carry
out their duties to the best of their abilities and with high moral
and ethical standards, regardless of personal considerations, and
that their conduct should at all times avoid conflict between public
and private interests and responsibilities. In recognition of these
goals, a Code of Ethics is hereby established for governed persons
of the Town of Wethersfield, as are hereinafter defined. The purpose
of this code is to establish ethical standards of conduct by setting
forth those actions that are in conflict with the best interest of
the Town and by directing disclosure of any financial or personal
beneficial interest in matters affecting the Town.
The Code of Ethics of the Town of Wethersfield shall govern
the Town Council and all other elected officials, the Library Board,
all other Town employees; also all persons appointed to boards, commissions
or advisory committees by the Board of Education, the Town Council,
the Mayor, the Superintendent of Schools or the Town Manager, hereinafter
referred to collectively as "Governed Persons." With respect to such
persons who are appointed to boards, commissions or advisory committees
by, or who are employed by the Board of Education, the Town Council,
the Mayor, the Superintendent of Schools or the Town Manager, the
respective appointing authority or employer for such persons is each
hereinafter individually referred to as the "Appointing Authority."
The Appointing Authority of members of the Town Council and the Board
of Education shall be deemed to be the Town Council and the Board
of Education, respectively.
No governed person shall grant or accept any special consideration,
treatment, favor or advantage beyond that which is generally available
to all residents and/or taxpayers of the Town; provided, however,
nothing in this code shall prohibit a governed person from accepting
free admission to any dinner, dinner dance, concert, play, sporting
or other similar event sponsored by the Town, the Board of Education,
any Town board or commission or by any recognized volunteer or charitable
organization in the Town of Wethersfield.
No governed person shall promise an appointment or the use of
his influence to obtain an appointment to any municipal position as
a reward for any political activity.
A.
No governed person shall act or vote as a result of having accepted
from any person or his representative anything of value whatsoever
or the promise of any future reward. Whenever any person appears before
any board or commission who has actively participated in appointing
or recommending any member of said board or commission and such member
is aware of such participation, such member must:
B.
No governed person shall accept or solicit anything of value exceeding
$50, whether in the form of a gift or promise of a gift, from any
person, firm or corporation which to his knowledge is involved in
business dealings with the Town. For purposes of this section, a gift
shall not include certificates, plaques, and ceremonial gifts and/or
awards.
C.
No governed person who has a financial or personal beneficial interest
in any transaction or contract with the Town or in the sale of real
estate, material, supplies or services to the Town on which he may
be called to act upon in his official capacity shall vote upon or
otherwise participate in the transaction or contract.
D.
Whenever a governed person makes public comments at a meeting of
the Board of Education, the Town Council or any other board, commission
or agency other than the one with which he or she is affiliated, the
governed person shall clearly identify whether he or she is speaking
as an individual citizen or in an official capacity for the unit of
government with which he or she is affiliated.
Any governed person who questions the applicability of this
code to his or her pending or potential act, vote, bid, discussion,
receipt of anything of value, exceeding $50, and the like may request
an opinion from the Board of Ethics. The request shall be submitted
in the form required by the Board's Rules of Practice. Such governed
person shall be given a prompt opportunity to explain his or her position
and interpretation of the Code of Ethics before the Board of Ethics.
Opinions of the Board of Ethics shall be advisory. This code shall
be operative in all instances covered by its provisions except when
superseded by an applicable statutory or Charter provision.
Violations of any provisions of this code should raise conscientious
questions for the Governed Person concerned as to whether voluntary
resignation or other action is indicated to promote the best interest
of the Town. Violation may, upon determination by the Appointing Authority,
constitute a cause for censure, suspension, removal from office or
other appropriate legal proceedings.
There is hereby created a Board of Ethics which shall be charged
with the administration of the Code of Ethics. The Board of Ethics
shall be composed of five resident electors and three alternates,
to be appointed by the Council. Of the five regular members no more
than two shall be of the same political party, and of the three alternates,
no more than one shall be of the same political party, provided that
the members of the Board with designated major party membership shall
be recommended for appointment by their party in accordance with the
normal selection process of such party. Of the five members initially
appointed, three shall be appointed for terms of three years and two
for terms of two years. Of the three alternates initially appointed,
two shall be appointed for terms of three years and one for a term
of two years. All subsequent appointments to the Board shall be for
terms of three years. Any regular member having served for six consecutive
years shall be ineligible for reappointment to the Board. For individuals
filling a vacancy, consecutive years of service will commence with
the next appointment period.
The Board shall adopt Rules of Practice which it deems necessary
to carry out the intent of this article, and the same and any amendments
thereto shall be filed in the office of the Town Clerk and available
for public inspection.
A.
The Board shall receive complaints from any person of any alleged
violation of the Code of Ethics. Complaints shall be filed with the
Town Clerk in accordance with the Board's Rules of Practice. Any complaint
received by the Board must be in writing and signed by the individual
making said complaint. Upon receiving a complaint of an alleged violation
of the code, the Board shall, within seven Town working days, notify,
in writing, the person about whom said complaint has been filed, advising
the concerned party of the specific nature of the complaint made and
being investigated by the Board and enclosing therewith a copy of
the complaint. Upon receipt of said notice, the party so notified
shall have the right to file a response within 10 days and may, within
said time period, demand a hearing by the Board. If a hearing is so
requested, it shall be convened within 20 days after such request.
If no request for a hearing is made, the Board, by a vote of at least
three members, shall determine within 30 days after the mailing of
the notice of such complaint whether a hearing is required.
B.
In the event that a hearing is held, the person or persons against
whom such complaint is filed and the person or persons who filed the
complaint shall be notified, in writing, of the date, time and place
of the hearing. In such hearing, the person or persons against whom
such complaint is filed and the person or persons who filed the complaint
shall have the right to counsel, to confrontation of all witnesses,
to cross-examination and to present evidence on their own behalf.
No hearing may be conducted with less than five members in attendance.
The complainant must appear at the hearing or the complaint will be
dismissed. There can be a one-time request for a delay of a hearing
date, as long as it is requested 48 hours before the hearing date.
C.
All notices to the person or persons about whom such complaint was
made shall be mailed by certified mail.
D.
In the event that a hearing is held, the Board shall render a decision
within 10 days of the final day of said hearing. In the event that
no hearing is held, the Board shall render a decision within 30 days
of the receipt of the complaint.
The Board shall report its findings to the Appointing Authority
as to any violations of the Code of Ethics, together with recommendations
as to disposition to be made. The Appointing Authority shall consider
such findings and shall determine within 30 days what disposition
shall be made and shall notify the Board and all interested parties.
