This Code of Ethics applies to all Town of Wilton officials and employees as defined in §
3-3A of the Code of Ethics.
The procedure for advisory opinions concerning
an official's or employee's own position shall be as follows:
A. Making a request.
(1) An official or employee or a candidate for Town office
or employment may request an advisory opinion concerning the requirements
of this code as applied to him or her.
(2) The request shall be made in a writing filed with
the Town Clerk in a sealed envelope addressed to the Council. The
request shall state the name and address of the person making the
request and all facts relevant to the matter in question.
B. Issuance of advisory opinion. The Council
may request further information from the person making the request.
It shall issue its advisory opinion by majority vote of the full Council
and shall do so as soon as practicable. The opinion shall be in writing
and delivered to the Town Clerk, who shall mail it to the person making
the request. Advisory opinions shall be available to the public except
as prohibited by law.
C. Reliance. A person requesting an advisory
opinion may rely on that opinion, provided the person has disclosed
all relevant facts and acts in good faith consistent with those facts.
The procedure for complaints shall be as follows:
A. Definitions. As used in this chapter,
the following terms shall have the meanings indicated:
COMPLAINT
A written request for determination made by an individual
or a board regarding an alleged violation of this code by an official
or employee.
DETERMINATION
A written final decision by the Council with respect to a
complaint.
HEARING
A public proceeding before the Council following a finding
of probable cause where testimony is taken and documents may be received.
RESPONDENT
The person against whom a complaint is filed.
RESPONSE
The respondent's written answer to the complaint.
B. Procedure.
(1) Filing of a complaint.
(a) A complaint may be made by any individual or board.
It shall be made in a writing signed under oath before a notary and
shall state the name and address of the complainant, the identity
of the official or employee and, if applicable, the relative or business
involved in the complaint, the conduct that allegedly violates the
code, and a summary of the relevant facts.
(b) A complaint must be filed within two years after the
matter in question has allegedly occurred.
(c) The complaint shall be filed with the Council in a
sealed envelope addressed to the Council and marked "confidential."
It shall be delivered to the Town Clerk either by hand or by certified
mail, return receipt requested. The complaint shall be deemed to have
been filed on the date of its receipt by the Town Clerk and shall
be treated by the Town Clerk as a confidential document.
(d) The Town Clerk, upon direction of the Council, within
three business days after the filing, shall notify the respondent
by certified mail, return receipt requested, of the filing and date
of the complaint and enclose copies of the complaint and this code.
(e) Once the complainant has performed the function of
raising a possible violation of this code, the Council shall decide,
in the circumstances of the individual case, what further role, if
any, the complainant should have in the matter.
(2) Probable cause.
(a) The Council shall review the complaint to determine
whether probable cause exists for further proceedings and may conduct
an investigation for this purpose. Any investigation conducted prior
to a probable cause finding shall be confidential unless confidentiality
is waived in writing by the respondent. The respondent may submit
a preliminary written reply to the Council within 15 days after the
filing of the complaint and before a probable cause finding issues.
(b) If the Council decides by majority vote of members
eligible to vote that the complaint does not warrant further investigation
because of its lack of factual basis, its de minimis nature, or otherwise,
it shall issue a finding of no probable cause dismissing the complaint.
The finding and the complaint shall remain confidential unless confidentiality
is waived in writing by the respondent. A finding of no probable cause
shall be final. The Council shall direct the Town Clerk to forward
copies of the finding to complainant and respondent by certified mail,
return receipt requested, within three business days thereafter.
(c) If, by majority vote of members eligible to vote or
by tie vote, the Council finds probable cause, the Council shall direct
the Town Clerk to forward copies of the finding to complainant and
respondent by certified mail, return receipt requested, within three
business days thereafter. Upon a finding of probable cause, the complaint,
the finding, and the information gathered during the investigation,
if any, shall be made available to the public, and all filings and
proceedings that follow shall be public except as required by law;
provided, however, that deliberations may be held in executive session
to the extent permitted by the Connecticut Freedom of Information
Act.
(3) Response. Respondent shall have 30 days
after his or her notification of a finding of probable cause to file
a response with the Town Clerk. The Council may, upon reasonable grounds,
extend this deadline for filing.
(4) Hearing.
(a) The Council shall hold a hearing on any complaint
as to which it has found probable cause unless respondent waives a
hearing in writing and the Council decides not to hold one. The hearing
shall be held on written notice of no less than 30 days to complainant
and respondent sent by the Town Clerk by certified mail, return receipt
requested. The Council may, upon reasonable grounds, extend the date
of the hearing at the request of the respondent.
(b) If a hearing is held, respondent shall have the opportunity
to be represented by legal counsel, to present evidence, and to examine
and cross-examine witnesses including the complainant. For purposes
of its investigation and at the hearing, the Council is empowered
to administer oaths or affirmations and may compel the attendance
of witnesses by issuance of subpoenas. It may also require the production
of documents, whether in hard copy or electronic format, by issuance
of subpoenas for their production. The Council shall give effect to
the rules of privilege recognized by the law. The Council may examine
any witness who appears before it, including complainant and respondent.
The Council may limit the number of witnesses and the scope of testimony
to matters it believes relevant, material, not unduly repetitious,
and necessary to reach a reasoned determination. A taped or stenographic
record shall be made of all proceedings in the hearing.
(5) Determination.
(a) Following the hearing, the Council shall issue a determination
as soon as practicable and file it with the Town Clerk, who shall
mail copies to complainant and respondent within three business days
thereafter. No member may vote on a determination unless he or she
has attended the entire hearing, if any, and participated in all deliberations.
Deliberations may be held in executive session to the extent permitted
by the Connecticut Freedom of Information Act. A determination of
violation requires a majority vote of members eligible to vote. In
the event of a tie vote, the determination shall be that there is
no violation.
(b) A determination of no violation of this code shall
be final.
(c) If a violation is found, the Council may, but need
not, also recommend in its determination sanctions which may include,
but need not be limited to, censure, required recusal, disclosure
of conflicts, and removal from appointive office or employment. Any
sanctions imposed under this code shall be separate from, and not
in limitation of, any other actions that may be taken against respondent
in any proceedings outside this Code.
(6) Submission of determination of violation. A determination of violation of this code shall be submitted by
the Town Clerk within three business days to the Board of Selectmen
for such action as it deems appropriate; provided, however, that if
the respondent is an official or employee of the Board of Education,
the submission by the Town Clerk shall be to the Board of Education
for such action as it deems appropriate.
The effective date of this chapter shall be
September 15, 2007. This ordinance supersedes the Town Code of Ethics
dated March 16, 1983, in its entirety and any amendments to it and
regulations issued under it.