This article shall be known as the "Ethics Code for the Town
of Stratford."
As used in this article, the following terms shall have the
meanings indicated:
BUSINESS WITH WHICH HE OR SHE IS ASSOCIATED
Any sole proprietorship, partnership, firm, corporation,
trust or other entity through which business for profit or not for
profit is conducted in which the public official or state employee
or member of his immediate family is a director, officer owner, limited
or general partner, beneficiary of a trust or holder of stock constituting
5% or more of the total outstanding stock of any class; provided,
a public official or state employee, or member of his immediate family,
shall not be deemed to be associated with a not-for-profit entity
solely by virtue of the fact that the public official or state employee
or member of his immediate 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.
COMMISSION
The Stratford Ethics Commission established pursuant to § 7-148
of the Connecticut General Statutes.
COMPLAINANT
Any person, association, company or the Ethics Commission
who or which files a complaint pursuant to this Code.
CONFIDENTIAL INFORMATION
Any information concerning the property, business or affairs
of the Town which is exempt or, if put in writing, would be exempt
from disclosure under the Freedom of Information Act.
DOMESTIC PARTNER
An adult, unrelated by blood, with whom an unmarried or separated
official or employee has an exclusive committed relationship, maintains
a mutual residence, and shares basic living expenses.
EMPLOYEE
An individual employed by the Town, whether as a classified
or unclassified, permanent or temporary, full-time or part-time employee,
or employed by contract on a continuing basis and all employees of
the Board of Education.
HOUSEHOLD
Includes anyone whose primary residence is in the official's
or employee's home, including non-relatives who are not rent payers
or servants.
IMMEDIATE FAMILY
A spouse, domestic partner, children, stepchildren, parents,
stepparents, siblings and stepsiblings, and grandparents and grandchildren.
INTEREST
Any benefit accruing to a public official or employee, whether
in his or her own name or in the name of any person from which he
or she is entitled to receive any actual or potential benefit, as
a result of a matter which is or which is expected to become the subject
of an official action by or with the Town. Excluded are benefits which,
by their terms and by the substance of their provisions, confer the
opportunity and right to realize the accrual of similar benefits to
all other persons and/or property similarly situated. For the purposes
of this Code, a public official, employee, or other persons defined
herein shall be deemed to have an interest in the affairs of:
B.
Any person that has a contractual relationship with a public
official or employee or a member of his or her immediate family;
C.
Any business with which he or she is associated.
OFFICIAL or EMPLOYEE
Any official or employee of the Town, whether paid or unpaid,
and includes all members of an office, board, body, advisory board,
council, board of education, commission, agency, department, district,
administration, division, bureau, committee, Board of Education or
subcommittee of the Town.
OFFICIAL ACT OR ACTION
Any legislative, administrative, appointive or discretionary
act of any public official or employee of the Town, or of any agency,
board, committee or commission thereof.
PERSON
An individual, sole proprietorship, trust, corporation, limited
liability company, union, association, firm, partnership, committee,
club or other organization or group of persons.
PROBABLE CAUSE
More than mere suspicion. For a finding of probable cause,
there must be facts and circumstances within the Commission members'
knowledge, and of which they have trustworthy information, sufficient
to justify the belief of a reasonable person that the respondent may
have violated this Code.
RESPONDENT
Any person to whom this Code applies, pursuant to §
5-32 against whom a complaint has been filed pursuant to this Code.
SUBORDINATE
Another official or employee over whose activities an official
or employee has direction, supervision or control.
This Code shall apply to all full-time or part-time elected
or appointed public officials and Town employees whether compensated
or not, including those on boards, commissions, committees, or other
entities appointed or created by the Town of Stratford.
The Town Clerk must maintain on file for public inspection:
A. A
copy of the Code of Ethics and amendments thereto;
B. A
copy of the Acknowledgement Statement of the Code;
The Commission shall have all duties provided within this Code
and shall have the authority to recommend action to the Town Council,
the Mayor and the Board of Education. Additionally, the Commission
shall:
A. Preserve memoranda, statements and reports with the Town Clerk;
B. Provide advisory opinions. The Ethics Commission provides advisory
opinions of ethical questions and interpretations of this Code under
the following conditions:
(1) Requests for advisory opinions will be made in writing and the opinion
will be rendered as follows:
(b)
By a quorum of members of the Ethics Commission;
(c)
At a scheduled meeting of the Commission;
(2) Advisory opinions will be provided based on information presented
at the scheduled meeting.
(3) Advisory opinions will be nonbinding on the person making the request,
Ethics Commission, and the Town, if information supplied was inaccurate
or incomplete at the time the decision was made.
(4) Advisory opinions may be requested by any public official, employee
or citizen of the Town of Stratford.
C. Provide training of this Code to public officials and employees;
D. Investigate complaints, conduct investigations and hearings, and
recommend disciplinary action.
E. Advisory opinions may also be directed to the Town Attorney for interpretation
of this Code.
All deliberations of the Commission shall remain confidential,
and no Commission member or alternate member may disclose the deliberations
of the Commission to any party, the media, and to members of the public.
All hearings of the Ethics Commission shall be conducted in
Town Hall, except as otherwise scheduled with proper notification.
Any person aggrieved by any final decision of the Commission
made pursuant to this Code may appeal such decision in accordance
with the provisions of Connecticut General Statutes, § 4-183.
Should any provision of this Code of Ethics conflict with any
provisions of federal law or the Connecticut General Statutes, the
provisions of the federal law or the Connecticut General Statutes
shall prevail.
The Town Clerk shall cause a copy of this Code to be distributed
to every public official and employee with the Town within 60 days
after enactment of this Code. Each public official and employee shall
be furnished a copy before entering upon the duties of his/her office
or employment. A signed acknowledgement statement shall be returned
to the Town Clerk.