Town of Stratford, CT Article VII Conflict of Interest

[Adopted 10-27-1977]

§ 25-37 Determination of existence.

A conflict of interest is declared to exist when the vote or other official act of or by any Councilman, or any member, whether permanent or temporary, regular or alternate, or elected or appointed, of a beard, commission or committee of the Town, or any issue, ordinance, resolution, petition, application, appointment, contract or award, may result in the financial gain or advantage or otherwise affect the financial interest of:

A. That Councilman or member;

B. The following relatives of that Councilman or member or of the spouse of that Councilman or member: spouse, child, grandchild, parent, grandparent, brother, sister, uncle, aunt, niece, nephew or first cousin;

C. A member of the immediate household, residing with that Councilman or member;

D. An individual, partnership, association or corporation with whom that Councilman or member has or, within one year of the taking of the vote in question, had, financial or business dealings, provided that "financial or business dealings" shall not include routine, insubstantial or commonplace business transactions of a de minimus nature or those shared or engaged in by the public at large;

E. A corporation of which a person described in Subsections A, B or C above is an officer, director, employee or the owner or controller of more than 5% of any of the capital stock; or

F. A partnership of which a person described in Subsection A, B or C above is a partner.

§ 25-38 Exception.

A. There is specifically excluded from the definition set forth in § 25-37 a financial gain or advantage incident or a program or project in the nature of a public work or improvement, which financial gain or advantage is common to, or shared by, a class of residents of the Town, which class is restricted only by geographical proximity to the location of such public work or improvement, nor shall a Councilman be prevented from voting upon the annual Town budget.

B. A Councilman shall not be prevented from voting upon any matter involving any class or group of municipal employees, unless the vote of that Councilman may result in the financial gain or advantage of that Councilman's spouse, parents, children, brother or sister, or any other person who shares that same house with the Councilman.

§ 25-39 Disclosure.

A. When a conflict of interest exists, the interested Councilman or member of a board, commission or committee shall, as soon as such interest is apparent to him, make full disclosure of such interest to the Council or to the board, commission or committee of which such interested Councilman or member is a member, which disclosure shall be spread upon the official minutes of the Council or of such board, commission or committee.

B. When there is a factual question as to the existence of a conflict, the Councilman or member involved may submit the question to the Town Attorney or Assistant Town Attorney for a legal opinion as to the existence or nonexistence of a conflict of interest. The ruling of the Town Attorney or Assistant Town Attorney may not be overruled by the governmental body in question, but any member of that body may challenge the decision of the Town Attorney or Assistant Town Attorney, or the Councilman's or member's vote in question, by seeking appropriate judicial relief, provided that the Councilman's or member's good faith reliance upon the decision of the Town Attorney or Assistant Town Attorney shall relieve him from any civil liability or criminal penalty.

§ 25-40 Prohibited participation in proceedings.

Such interested Councilman or member shall not thereafter vote or participate in any proceedings on such issue, ordinance, resolution, petition, application, appointment, contract or award.

§ 25-41 Use of position for influence.

A Councilman and any member, whether permanent or temporary, regular or alternate, or elected or appointed, of a board, commission, agency or committee of the Town, shall not use his public position to obtain, or to attempt to obtain, a special advantage in official matters for himself or for any of the individuals set forth in § 25-37; nor shall be use his public position to influence, or to attempt to influence, the Town Council or any board, commission, agency or committee of the Town to act in favor of himself or for any of the individuals set forth in § 25-37 above.

§ 25-42 Effect of Charter provisions.

Nothing herein shall be construed to prevent any Councilman or any member of a board, commission or committee from doing business with the Town in accordance with the competitive bid provisions of the Charter, even though such business may result in a conflict of interest and be subject to this article.

§ 25-43 Violations and penalties.

Any person violating § 25-39, 25-40 or 25-41 shall be fined the sum of $100.

§ 25-44 Removal from office.

[Amended 10-13-1981; 4-13-1988]

Immediately upon the conviction of any person of a violation of § 25-39, 25-40, 25-41 or 5-30A(3) or (5) of Chapter 5, Boards, Commissions and Agencies, Article IV, or upon the sustaining of such conviction on appeal, such person shall be deemed removed from office or membership. Nothing contained in this section shall derogate from the right of the electorate to recall a councilman.

§ 25-45 Termination of employment upon conviction.

[Amended 10-13-1981; 4-13-1988; 3-12-2007 by Ord. No. 07-03]

Immediately upon the conviction of any officer, director or employee of the Town of a violation of § 5-30A(3) or (5) of Chapter 5, Boards, Commissions and Agencies, Article IV, or upon the sustaining of such conviction on appeal, the employment of such person by the Town shall be deemed terminated. The Mayor may, in his discretion, to preserve the morale of the Town officials and employees or to maintain public confidence in the government of the Town, suspend from his or her official duties or employment any person under the jurisdiction of the Mayor accused of a violation of this article, which suspension may continue during pendency of charges against such accused person.

§ 25-46 Officers doing business with Town.

[Amended 3-12-2007 by Ord. No. 07-03]

Neither the Mayor, nor any officer or director of the Town, shall do business with the Town.

§ 25-47 Civil actions.

[Amended 10-13-1981; 4-13-1988]

The Town may recover in a civil action, from any person convicted of violating § 25-39, 25-40 or 5-30A(3) or (5) of Chapter 5, Boards, Commissions and Agencies, Article IV, as damages a sum equal to double the amount gained or double the amount of the bribe, as the case may be.

§ 25-48 Penalties and sanctions to be cumulative.

The penalties and sanctions of this article are cumulative and are in addition to those penalties and sanctions contained in the Town Charter and the General Statutes, except where the context of this article specifically requires an exclusive interpretation.

§ 25-49 Formal complaints.

[Amended 10-13-1981; 4-13-1988]

A. In the case of a recommendation by the Ethics Commission pursuant to § 5-26 that the Town make formal complaint to the State Attorney for prosecution of a violation of § 25-39 or 25-40 of the Town Code or under § 5-30A(3) or (5) hereof, the Town Council shall direct that such formal complaint shall be made in the name of the Town.

B. In the case of a recommendation by the Ethics Commission pursuant to § 5-26 that the Town make formal complaint to the Personnel Appeals Board for an alleged violation of Section 2-22.27 or 2-22.28[1] of the Town Code, the Town Council shall make formal complaint in the name of the Town to the Personnel Appeals Board, and the Personnel Appeals Board shall, within 30 days of such complaint herein, determine the charges.

[1] Editor's Note: Refers to previous Code numbering of sections which were repealed.