[HISTORY: Adopted by the Board of Selectmen of the Town of Bethel 9-19-1994,
effective 10-28-1994. Amendments noted where applicable.]
GENERAL REFERENCES
Procedures and conduct of officers and employees — See
Charter, Art. IX.
Officers and employees — See Ch. 15.
Personnel rules and regulations — See Ch. 19.
There is hereby established, pursuant to § C9-2 of the Town Charter, a Code of Ethics for all Town officers, employees and officials, whether elected or appointed, paid or unpaid, including members and employees of the Board of Education. The purpose of this code is to establish suitable ethical standards for such officers, employees and officials by prohibiting acts or actions incompatible with the discharge of their public duties and the best interests of the Town of Bethel and by directing disclosure of private financial interest or personal interest in matters affecting the Town by such officers, employees and officials.
As used in this code, the following terms shall have the following meanings:
Includes a board, agency, commission, department or other entity
of the Town of Bethel.
All employees of the Town of Bethel, Board of Education and all governmental
bodies created under the provisions of the Town Charter and all other Town
ordinances and applicable statutes.
Any financial interest, direct or indirect, which is of more value
than $50, to the Town official or employee and which is not common to the
interest of other citizens of the Town. "Financial interest" shall include
the private financial interest of the immediate family of an official or employee
of the Town. "Financial interest" shall also include the interest of any subcontractor
in any prime contract with the Town and the interest of any person or his
immediate family in any corporation, firm or partnership, which has a direct
or indirect interest in any transaction with the Town. Transaction shall include
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.
Includes any spouse, children, parents, siblings, spouse's parents,
spouse's children and dependent relatives who reside in the individual's household.
A natural person.
All elected and appointed officials and officers, whether paid or
unpaid, and members of all governmental bodies created under the provisions
of the Town Charter and all other Town ordinances and applicable statutes.
Includes associations, firms, partnerships and bodies politic and
corporate as well as individuals.
More than suspicion; there must be facts and circumstances brought
to the attention of the Ethics Commission, which is trustworthy information,
sufficient to justify the belief of a reasonable person that a violation of
the code has transpired.
A.
The following actions shall be deemed to constitute unfaithfulness
to the duties of public office and unsuitability to the requirements of public
service and shall constitute sufficient cause for action by the Ethics Commission
hereunder:
(1)
No Town officer or employee shall represent interests
other than his own, spouse's or minor childrens' in any matter whatsoever
affecting his board, agency, department or commission.
(2)
No Town officer or employee shall willfully and knowingly
disclose, to any other person, confidential information acquired by him in
the course of and by reason of his official duties or employment.
(3)
No Town officer or employee or candidate for public office
shall solicit or accept anything of value, including but not limited to a
gift, loan, political contribution, reward or promise of future employment,
based on any understanding that the vote, official action or judgment of the
public officer or employee or candidate for public office would be or had
been influenced thereby; except that nothing shall be construed to limit the
right of any officer or employee to engage in a normal commercial transaction
which is in no way related to or conflicts with the interests of the Town.
(4)
No Town officer or employee shall engage in or accept
private employment or render service, for private interest, when such employment
or service is incompatible with the proper discharge of his official duties
or would tend to impair his independence of judgment or action in the performance
of his official duties.
(5)
No Town officer or employee shall request or permit the
unauthorized use of Town-owned vehicles, equipment, materials or property
for personal convenience or profit.
(6)
No Town officer or employee shall grant any special consideration,
treatment or advantage to any citizen beyond that which is available to every
other citizen.
B.
The above list of practices is not exhaustive, and the
Board of Selectmen may, in its discretion, define by ordinance additional
prohibited practices.
A.
The Ethics Commission shall consist of five members who
shall be electors of the Town of Bethel. The members of the Commission shall
serve for terms of three years, except the initial terms shall be as follows:
two for one year, one for two years, and two for three years, commencing with
the creation of the Commission. Terms shall commence on the first Monday of
January of each year in accordance with the terms of the Town Charter.
B.
All members shall be electors of the Town and be appointed
by a two-thirds majority vote of the Board of Selectmen. No member or employee
of such Commission shall:
(1)
Hold or campaign for any public office.
(2)
Have held public office for a one-year period prior to
appointment.
(3)
Hold office in any political party or political committee
or any organization or association organized primarily for the purpose of
influencing legislation or decisions of public agencies.
Upon written request by any officer or employee concerned, the Ethics Commission shall render written advisory opinions based upon the provisions of § C9-3 of the Town Charter and this chapter. The Ethics Commission shall file its advisory opinions with the Town Clerk, but shall delete references to the identity of the officer, employee or other party involved where such disclosure would constitute an invasion of personal privacy.
A.
Upon the sworn complaint, on a form prescribed by the Ethics Commission, signed under penalty of false statement, of any person, or upon its own complaint, alleging facts which if true would constitute improper conduct under § C9-3 of the Town Charter or this chapter, the Ethics Commission shall, after meeting and determining that there is sufficient evidence to warrant such inquiry, conduct an investigation of the alleged violation.
B.
The Ethics Commission shall, not later than five business
days after receipt or issuance of such complaint, notify by registered or
certified mail any officer or employee against whom such complaint is filed,
and a copy of such complaint shall accompany such notice. The Ethics Commission
shall also notify the complainant of its receipt of such complaint not later
than five business days thereafter.
C.
Any investigation to determine whether or not there is probable cause that a violation of Town Charter § C9-3 or this chapter has occurred shall be concluded within 60 days of the initiation of any complaint hereunder.
D.
An investigation to determine whether or not there is probable cause that a violation of Town Charter § C9-3 or this chapter has occurred shall be conducted in private unless the officer or employee elects to have it in public.
E.
All proceedings shall be in accordance with the provisions
of the Freedom of Information Act of the State of Connecticut.
F.
The officer or employee involved shall have the right to appear and be heard and to offer any information which may tend to clear him of probable cause indicating that he has violated any provision of Town Charter § C9-3 or this chapter. The officer or employee involved shall also have the right to be represented by legal counsel and examine and cross-examine witnesses.
G.
The Ethics Commission shall make no finding that there is probable cause to believe that the officer or employee involved is in violation of any provision of Town Charter § C9-3 or this chapter except upon the concurring vote of four of its members.
H.
The Ethics Commission shall, not later than three business
days after the termination of such investigation, notify the complainant and
the officer or employee involved that the investigation has been terminated
and the results thereof. Within three business days following the termination
of any investigation hereunder, the Ethics Commission shall, in written findings
of facts and conclusions based thereon, make recommendations to the Board
of Selectmen concerning the propriety of the conduct involved. In the event
that the alleged improper conduct involves a member of the Board of Selectmen,
then such findings, inclusions and recommendations shall be made to the remaining
members of the Board of Selectmen.
Upon receipt of a report from the Ethics Commission of a finding of probable cause that an officer or employee of the Town has violated any provision of Town Charter § C9-3 or this chapter, the officer or employee shall be given the opportunity to be heard by the Board of Selectmen and apprised of the charges pending against him. All proceedings shall be conducted in private unless the officer or employee elects to have them in public. All proceedings shall be conducted in accordance with the provisions of the Freedom of Information Act. Any such office holder or employee may, if desired, be represented by counsel and may meet the charges with witnesses and evidence. No Town officer or employee may be removed from office or employment or otherwise penalized by a vote of the Board of Selectmen except for cause.
The Ethics Commission shall have the cooperation of all boards, departments,
commissions, agencies, officers and employees in the performance of its duties
hereunder. The Commission shall be authorized to obtain the assistance of
the Police Department of the Town of Bethel in pursuing any investigation
hereunder. For purposes of investigation, the Ethics Commission shall have
the power to administer oaths, compel attendance of witnesses and require
the production of books and papers.
The provisions hereof shall be subject to any provisions of Chapter
19, Personnel Rules and Regulations, and to any provision of any collective
bargaining agreement applicable to the employee or officer involved and particularly
to any grievances procedure made available to such employee or officer.
A.
Any Town officer or employee who violates § C9-3 of the Town Charter or this chapter may, after notice and investigation, upon the advice and recommendation of the Ethics Commission, be subject to the following penalties as may be determined by the Board of Selectmen of the Town of Bethel by a vote not less than 2/3 of all members of the Board:
B.
The above penalties shall be recommendations of the Board
of Selectmen in the event that the Board of Selectmen does not have the authority
to impose the penalty; in such case the recommendations shall be made to the
agency, board or commission having such authority.
C.
Any person who refuses to obey the subpoena of the Ethics
Commission shall be fined not more than $100.
The provisions hereof shall not limit the power of agencies, boards
or commissions to discipline their officers or employees and not limit the
power of other Town offices to discipline subordinates.
