The proper operation of democratic government requires that public officials
and employees be independent, impartial and responsible to the people of Derby;
that governmental decisions and policies be made free from undue influence
and in the proper channels of governmental structure; that public office and
employment not be used for unauthorized personal or private financial gain;
and that the public have confidence in the integrity of its government. In
recognition of these goals, a Code of Ethics is hereby established pursuant
to authority granted to the City by Connecticut General Statutes Section 7-148h
to set forth standards of ethical conduct to govern officials and employees
of the City of Derby, as hereinafter defined. The purpose of this code is
to establish ethical standards of conduct by setting forth those actions that
are in conflict with the best interest of the City and by directing disclosure
of any financial interest in matters affecting the City as set forth in this
chapter.
For the purpose of this chapter, the following terms shall have the
indicated meanings:
AGENCY
All permanent and temporary boards, commissions, authorities, committees
and departments of the City, including the Board of Education and any regional
boards.
BOARD
The Derby Board of Ethics established pursuant to Section 7-148h
of the Connecticut General Statutes.
BUSINESS
An entity through which business for profit or not-for-profit is
conducted, including a corporation, partnership, limited-liability company,
proprietorship, firm, enterprise, franchise, association, organization, or
self-employed individual.
BUSINESS WITH WHICH HE OR SHE IS ASSOCIATED
Any business in which the official or municipal employee or member
of his/her immediate family is a director, officer, owner, employee, compensated
agent, limited or general partner or holder of stock constituting 5% or more
of the total outstanding stock of any class.
CANDIDATE FOR PUBLIC OFFICE
Any individual who has filed a declaration of candidacy or a petition
to appear on the ballot for election as a public official or who has raised
or expended money in furtherance of such candidacy or who has been nominated
for appointment to serve as a public official.
CONFIDENTIAL INFORMATION
Information, whether transmitted orally or in writing, which is obtained
by an official or employee by reason of his/her public position or office
and is of such nature that it is not, at the time of transmission, a matter
of public record or public knowledge.
DISTRICT
A district established pursuant to Section 7-324 of the General Statutes.
EMPLOYEE or CITY EMPLOYEE
A person employed, whether full- or part-time, by the City of Derby,
including persons employed by the Board of Education.
FINANCIAL INTEREST
Any interest with a monetary value of $100 or more or which generates
a financial gain or loss of $100 or more in a calendar year and is not common
to the other citizens of the City. An individual's financial interest
shall include the financial interests of all members of his/her immediate
family but shall not include any duly authorized compensation from the City.
GIFT
Anything of value, including entertainment, food, beverage, travel
and lodging given or paid to a public official or public employee to the extent
that consideration of equal or greater value is not received. A gift does
not include:
A.
A political contribution otherwise reported as required by law or a
donation or payment as described in Subdivision (9) or (11) of Subsection
(b) of Section 9-333b of the General Statutes.
B.
Services provided by persons volunteering their time for a political
campaign.
C.
A commercially reasonable loan made on terms not more favorable than
loans made in the ordinary course of business.
D.
A gift received from:
(1)
An individual's spouse, fiance or fiancee;
(2)
The parent, brother or sister of such spouse or individual; or
(3)
The child of such individual or the spouse of such child.
E.
Goods or services which are provided to the municipality or district
and facilitate governmental actions or functions.
F.
A certificate, plaque or other ceremonial award costing less than $100.
G.
A rebate or discount on the price of anything of value given in the
ordinary course of business without regard to the recipient's status.
H.
Printed or recorded informational material germane to governmental action
or functions.
I.
Items of nominal value, not to exceed $10, containing or displaying
promotional material.
J.
An honorary degree bestowed upon a public official or public employee
by a public or private university or college.
K.
A meal provided at an event or the registration or entrance fee to attend
such an event, in which the public employee or public official participates
in said person's official capacity,
L.
A meal provided in the home by an individual who resides in the municipality
or district.
M.
A gift from a relative or person having a close relationship who has
given gifts in the past or would ordinarily be giving or exchanging gifts
for special occasions such as religious holidays, birthdays, the birth or
adoption of a child or weddings. Gifts from persons other than relatives,
except of nominal value, should not be accepted if the donor has a matter
pending where the recipient of the gift has decision-making authority.
N.
Small gifts, the denial of which would appear discourteous or which
are tendered on gift-giving occasions generally recognized by the public,
including, for example, Christmas, birthdays, the birth or adoption of a child
or weddings, provided that the value of the gift does not exceed approximately
$50 from a single donor or approximately $100 per calendar year from a single
donor.
IMMEDIATE FAMILY
Any spouse, dependent child or dependent relative who resides in
the individual's household.
OFFICIAL or CITY OFFICIAL
An elected or appointed official, whether paid or unpaid or full-
or part-time, of the City of Derby, or any of its agencies, including members
of the Board of Education, a political subdivision of the City, or a district.
An official includes a candidate for the office and a district officer elected
pursuant to Section 7-327 of the General Statutes.
OFFICIAL RESPONSIBILITY
The direct administrative or operating authority, whether intermediate
or final and whether exercisable personally or through subordinates, to approve,
disapprove or otherwise direct government action.
PERSON
An individual, sole proprietorship, trust, corporation, union, association,
limited-liability company, firm, partnership, committee, club or other organization
or group of persons.
TRANSACTION
Includes the offer, sale or furnishing of any real or personal property,
material, supplies or services by any person, directly or indirectly, as a
vendor, prime contractor, subcontractor, or otherwise, for the use or benefit
of the City for valuable consideration.
The Code of Ethics of the City of Derby shall govern officials and employees
of the City of Derby.
All deliberations of the Board shall remain confidential, and no Board
member may disclose the deliberations of the Board to any party or to members
of the public.
Any person aggrieved by any final decision of the Board of Ethics made
pursuant to this chapter may appeal such decision in accordance with the provisions
of Section 4-183 of the Connecticut General Statutes.