For the purpose of this chapter the following capitalized terms, phrases,
words and their derivatives shall have the meanings given herein. Capitalized
terms, phrases, words and their derivatives not defined herein shall have
the meaning as set forth in Sec 1-79 of the Connecticut General Statutes.
Words used in the present tense include the future, words in plural number
include the singular, and words in the singular include the plural number.
Words in the male gender include the female gender and words in the female
gender include words in the male gender. All capitalized terms used in the
definition of any other term shall have their meaning as otherwise defined
in this section. The words "shall" and "will" are mandatory and the word "may"
is permissive. Terms and words not defined herein or in Section 1-79, Conn.
General Statutes, shall be given their common and ordinary meaning unless
the context suggests otherwise. When a right or duty pertains to the holder
of a specific position, such as First Selectman, Town Clerk, City Clerk or
other official, the same right or duty pertains to any designee to whom the
holder may lawfully delegate the right or duty.
APPOINTING AUTHORITY
The First Selectman, the Board of Selectmen, the chair of a board,
authority, agency, committee, commission or Orange Board of Education.
BUSINESS
An association, commercial entity, corporation, enterprise, firm,
franchise, holding company, joint-stock company, organization, partnership,
self-employed individual, non-stock company, sole proprietorship, trust, or
other legal entity established to earn or otherwise obtain money, whether
for profit or non-profit, excluding a municipal corporation or governmental
entity.
BUSINESS WITH WHICH HE IS ASSOCIATED
A business in which an official or employee or member of his family
is a director, officer, limited or general partner, beneficiary of a trust
or holder of stock constituting 5% or more of the total outstanding stock
of any class, or the owner of 5% or more of the equitable ownership interest,
provided an official or employee, or member of his family shall not be deemed
to be associated with a not-for-profit entity solely by virtue of the fact
that the official or employee or member of his family is an unpaid director
or officer of the not-for-profit entity. "Officer" refers only to the president,
executive or senior vice president or treasurer of such business.
CHILD
A son or daughter, whether or not the son or daughter is the biological
offspring of the legal parent or parents and whether or not the son or daughter
is a financial dependent of the parent or parents. "Child" includes step-child
or step-children of either the public servant or the spouse of the public
servant.
CONFIDENTIAL INFORMATION
Information, whether transmitted orally or in writing, which is obtained
by reason of the public position or office held and is of such a nature that
it is not, at the time of transmission, a matter of public record or knowledge
and which has not since become a matter of public record.
EMPLOYEES
Those employed by the Town and those employed by any and all boards,
agencies, authorities, committees, and commissions of said Town. This includes
the Orange Board of Education.
GIFT
A.
Any thing or group of things having a monetary value, individually or
in aggregate, in excess of $100 in any calendar year, including but not limited
to entertainment, food, beverage, travel, lodging, given or paid to the extent
that consideration of equal value is not received by the donor.
B.
Any thing or benefit, regardless of its monetary value, perceived or
intended by either the one who offers or the one to whom it is offered to
be of sufficient value to influence an official or employee in the performance
or nonperformance of an official action.
C.
"Gift" shall not include:
(1)
A political contribution otherwise reported as required by law or a
donation or payment as described in Subdivision (9) or (10) of Subsection
(b) of Section 9-333b;
(2)
Services provided by persons volunteering their time;
(3)
A commercially reasonable loan made on terms not more favorable than
loans made in the ordinary course of business;
(4)
A gift received from:
(a)
A spouse or his or her fiancee; or
(b)
The parent, brother or sister of the spouse or such individual; or
(c)
The child of such individual or the spouse of such child;
(5)
Goods or services:
(a)
Which are provided to the Town:
[1]
For use on Town property; or
[2]
To support an event or the participation by an official or employee
at an event; and
(b)
Which facilitate Town action or functions.
(c)
As used in this subdivision, "Town property" means property owned leased
or licensed by the Town;
(6)
A certificate, plaque or other ceremonial award costing less than $100;
(7)
A rebate, discount or promotional item available to the general public;
(8)
Printed or recorded informational material germane to Town action or
functions;
(9)
A gift, including, but not limited to, food or beverage or both, typically
provided by an an individual for the celebration of a life event;
(10)
Gifts costing less than $100 in the aggregate or food or beverage provided
at a hospitality suite at a meeting or conference of a legislative association,
by a person who is not a registrant or is not doing business with the Town;
(11)
Admission to a charitable, civic, or political event, including food
and beverage provided at such event, and when such event is out of state,
reimbursement for lodging and/or travel expenses, at which an official or
employee participates in his official capacity, provided such admission and/or
reimbursement is provided by a sponsoring entity;
(12)
Anything of value provided by an employer of (A) an official, (B) an
employee, or (C) a spouse of an official or employee, to such official, employee
or spouse, provided such benefits are customarily and ordinarily provided
to others in similar circumstances.
MATTER
Unless the context of this ordinance indicates otherwise, any act,
action, agenda item, allegation, application, amendment, auction, bill, business,
case, charge, claim, consideration, contract, controversy, decree, deed, deliberation,
discussion, hearing, issue, lease, license, measure, offer, order, ordinance,
permit, personnel action, petition, policy, project, presentation, procedure,
privilege, proceeding, project, proposal, proposition, purchase, recommendation,
regulation, rental, request, resolution, sale, subject, transaction, use,
variance, or other discretionary choice pending before a municipality decisionmaker
when a public servant has a personal interest in the outcome of the decision,
or may result in a personal benefit to the public servant.
MEMBER OF THE FAMILY
Any spouse, child, parent, or anyone residing in the household of
an official or employee.
OFFICIAL ACTION
Any act, action, approval, decision, denial, directive, disapproval,
inaction, order, performance, nonperformance, recommendation, vote, or other
direct result of an official's or employee's exercise of a discretionary
authority in connection with his or her public position.
OFFICIAL RESPONSIBILITY
Direct administrative or operating authority, whether intermediate
or final and whether exercisable personally or through subordinates to approve,
disapprove, or otherwise direct government action.
OFFICIALS
Those elected and/or appointed persons of the Town of Orange and
its boards, agencies, authorities, committees, and commissions, either paid
or unpaid (voluntary).
OUTSIDE EMPLOYMENT
To be employed by some employer, other than the Town of Orange, or
stated more precisely, to devote or apply one's energy to some process,
effort, or service to any employment with any person or business for which
any such person is receiving, has received or will receive or was promised,
is promised some thing of value to him or her in the present or in the future.
PERSON
An individual, sole proprietorship, trust, corporation, union, association,
firm, partnership, club, committee, or other group of persons.
PERSONAL INTEREST
A direct or indirect interest having value peculiar to a particular
individual or group, whether the value is pecuniary or nonpecuniary, which
value may accrue to such individual or group or result in such individual
or group deriving or potentially deriving a personal benefit as a result of
the approval or denial of any ordinance, resolution, order, or other official
action, or the performance or nonperformance thereof, by an official or employee
and which is not shared by the general public.
RECUSE
One has removed himself or herself from participation in any matter
or part of any matter in which such participation can give rise to a mere
inference of a conflict of interest or can involve an actual conflict of interest.
When an occasion of a recusal arises, it must be timely and complete. Recusal,
by its nature, the removal of oneself from acting in the capacity and under
the authority of one's official capacity for cause requires that the
removal should take place before the beginning of any hearing, action, consideration
of action, inquiry, or deliberation and must take place at such time as the
official becomes aware of such facts as give rise to such conflict or apparent
conflict of interest. Any recusal shall include a statement setting forth
good and reasonable cause for the same.
If any provision of this chapter shall be in conflict with the provisions
of the Connecticut General Statutes or otherwise unenforceable at law, said
provision shall be severed from this Code of Ethics and shall not affect the
effect or enforceability of the remainder of this code.
The Town Clerk shall cause a copy of this Code of Ethics to be distributed
to every employee and official within 60 days after the enactment of this
code. Each employee and official shall be furnished a copy before entering
the duties of his office or employment and sign a statement stating that he
or she has received a copy of this ordinance.