[HISTORY: Adopted by the Town of Newtown 10-6-1975 ATM (Ord. No. 43). Amendments noted where applicable.]
A.
The proper operation of democratic government requires
that public officials, employees and other persons involved in the
governmental process, and in the services rendered by government,
be independent, impartial and responsible to the people; that government
decisions and policy be made in the proper channels of the governmental
structure; that public office not be used for personal gain; and that
the public have confidence in the integrity of its government. In
recognition of these goals this Code of Ethics is established with
the purpose of setting forth guidelines, standards and limitations
consistent with the best interests of the Town of Newtown. Public
interest must be the primary concern of those who are included within
the scope of this code.
B.
Inclusion. Those persons, hereinafter referred to
as "officials" and/or "employees," bound by this Code of Ethics are
as follows:
(1)
Elected or appointed officials of the Town, either
paid or unpaid (voluntary).
(2)
Elected members and alternates of all boards and commissions.
(3)
Appointed members and alternates of all boards, commissions,
committees and authorities, hereinafter referred to as "boards and
commissions," and Town-supported public services.
(4)
Employees, which includes paid consultants, of the
Town and of all boards, commissions, committees and authorities, including
the Board of Education.
(5)
Organizations or persons that provide Town-sponsored
services to the public.
Officials and employees have a special responsibility,
by virtue of the trust invested in them by the Town's residents, to
discharge their duties conscientiously, impartially, and to the best
of their ability, placing the good of the Town above any personal
or partisan considerations
A.
Officials and employees have an obligation to act
morally and honestly in discharging all assigned responsibilities.
B.
Officials and employees will conduct themselves with
propriety, discharge their duties impartially and fairly, and make
continuing efforts toward attaining and maintaining high standards
of performance.
C.
Individuals who consent to serve on Town boards or
commissions are expected to devote the necessary time and effort to
these commitments.
D.
No official or employee shall use, or attempt to use,
either directly or indirectly, his or her Town position to secure
any preferential right, benefit, advantage or privilege for himself
or herself or for others, including without limitation in relation
to his or her occupation or source of income.
E.
Should an official or employee be requested or ordered
to perform an illegal act or an act that conflicts with this Code
of Ethics, that individual should be guided by standards of morality
rather than by standards of expediency and should refuse to comply
with such a request or order. This principle is not to be construed
as encouraging arbitrary or capricious nonconformity with job assignments,
but to ensure that all officials and employees recognize that the
responsibility for ethical conduct ultimately rests with each individual.
Officials and employees often have access to
vehicles, equipment, supplies, property, labor and other Town resources
in connection with the conduct of their official business. Since there
may be instances where the distinction between the use of such resources
for official purposes and for personal convenience or advantage may
be ambiguous, it is incumbent upon all such individuals to make absolutely
certain that there be no misuse of public property.
A.
Town-owned vehicles, equipment, supplies, property,
labor and other Town resources will be used only for the conduct of
official business except when such resources are available to the
public generally or the use is publicly disclosed and approved by
the Board of Selectmen.
B.
The abuse of Town property or resources is an unethical
practice. Town property which is legitimately placed in the trust
of an official or employee will be preserved and cared for to the
best of his or her ability.
C.
Requests for Town reimbursement for travel, lodgings
or any other expenses incurred in connection with nonofficial business,
or for family members of officials or employees or others who are
not on official business, represents a breach of ethical behavior.
Officials and employees represent the Town to
the public and reflect the relationship between the Town and the public.
When relating to the community, officials and employees must bear
in mind their role as public servants. Everyone, no matter what his
or her status, deserves to be treated courteously, impartially and
fairly. Each is entitled to all of the benefits and services available
to each and every other individual in like circumstances.
A.
Officials and employees will make every reasonable
effort to inform the public of its rights to Town services.
B.
Officials and employees will treat the public with
tact and courtesy and give proper and expeditious consideration to
the public's needs. They must exercise self-restraint even when stressful
situations arise. However, officials and employees do have the right
to express their views firmly and clearly.
C.
Should an official or employee be requested to perform
an unethical act it must be declined, with proper explanation.
D.
Officials and employees will refrain from granting
preferential treatment to any person.
E.
While this section deals with the treatment of the
public by officials and employees, the relationship between the former
and the latter is recognized to be a two-way interaction. It is therefore
urged that the public also conduct itself with the same propriety
expected of Town officials and employees.
Officials and employees often have occupations,
professions, businesses, or have financial or personal interests,
that relate to or interface with Town operation and government. It
is expected that officials and employees will be acutely sensitive
to possible conflict of interest issues and that they will conduct
themselves in a manner that will scrupulously avoid any conflict of
interest.
A.
Officials and employees shall not use their office
or Town employment or special knowledge about Town affairs obtained
in connection with their office or position in the Town to procure
contracts with the Town. Also, they shall not disseminate this information
to another person for personal advantage unless this information is
available to the general public.
B.
Officials and employees shall not offer or render
preferential treatment to others on the basis of such factors as family
ties, financial interests, friendship or political consideration.
C.
Officials and employees shall not offer or render
preferential treatment to others in regard to Town contracts on the
basis of such factors as family ties, financial interests, friendship
or political considerations.
D.
Officials and employees shall refrain from attempting
to influence anyone concerning the awarding of Town contracts on the
basis of such factors as their business, family or political relationship
with any of the individuals involved.
E.
An official or employee who has any financial or other
private interest in any official action under consideration shall
disqualify himself or herself from participating in the deliberation
and decision-making thereupon.
F.
No employee, with the exception of Fire Commissioners,
of the Town shall be appointed to any board, commission or other Town
body that deliberates and/or makes decisions directly or indirectly
affecting that employee's remuneration or working conditions.
Because of their position in Town administration,
officials and employees have access to information that may not be
in the public domain. A delicate balance exists between the public's
right to know about Town affairs and the actions of elected and appointed
officials and officers on the one hand, and the rights of the individual
to privacy with respect to matters that are not in the public domain
on the other hand. Additionally, during the course of certain preliminary
procedures, such as Town negotiations with bargaining groups, the
premature disclosure of specific positions would be detrimental to
the public interest. Such information as is cited above is confidential.
Confidential information is any information not in the public record
and which is obtained only by reason of an official's or employee's
position. Therefore, the interests of the public, the Town, and the
individual must all be preserved and maintained in proper harmony
with one another.
A.
No official or employee shall, without prior formal
authorization of the public body having jurisdiction, disclose any
confidential information or divulge personal matters pertaining to
others that do not bear upon the official's or employee's discharge
of official duties.
B.
Whether or not it shall involve disclosure, no official
or employee shall use or permit the use of confidential information
to advance his or her financial or personal interest or to advance
or to damage the financial or personal interest of any other person.
Officials and employees, because of their positions
in Town, may be offered gifts, loans or privileges in the expectation
of influencing their actions and/or decisions in favor of the giver.
Such offerings are in effect bribes, and the acceptance of such is
unethical.
A.
Officials and employees shall not accept gifts, loans
or privileges offered them because of their positions in Town in the
expectation of influencing their actions or decisions.
B.
It is unethical for an official or employee to give
preferential treatment in response to gifts, loans or privileges offered
to family or business associates.
D.
If it is impossible or inappropriate to refuse a gift
or offering, then it shall be turned over to an appropriate public
or charitable institution.
E.
The courtesies that are associated with the normal
daily business routine are not disallowed.
Unpaid officials normally have regular full-time
employment, and Town employees may have employment in addition to
their employment with the Town. Officials and employees have a responsibility
to perform their Town duties unencumbered by conflicting demands placed
upon them by virtue of their commitment to other employment.
A.
No official or employee shall engage in or accept
private or other public employment or render services for private
interests when such employment or services are incompatible with the
proper discharge of official duties or would tend to impair independence
of judgment or action in the performance of Town duties.
B.
Officials and employees shall disqualify themselves
from all discussions, attempts at influencing the views of others,
and decision-making with respect to any issue in which their employment
may conflict with their Town position.
A.
General statement. The disclosure by officials and
certain employees of specified holdings and associations seeks to
deter unethical conduct by giving the public access to information
about areas of potential conflict of interest. The very disclosure
of outside interests will increase public confidence in government
by dispelling possible suspicion.
B.
Specific principle. All elected officials, members
of all elected and appointed boards and commissions, the Financial
Director and the Town Counsel shall file with the Town Clerk and the
Board of Ethics a listing of real estate holdings, partially or wholly
owned, which are located within or partially within the Town of Newtown,
and the identity of any business associations or interests which may
impinge on Town affairs, within 30 days of election or appointment.
Any change in these holdings or business associations must be filed
within 30 days of such change. Ownership of the official's or employee's
primary residence need not be included in the disclosure. The information
filed with the Town Clerk will be available to the public.
All officials and employees are free to engage
in political activity to the widest extent consistent with the proper
discharge of their official Town duties and fair and equal treatment
of all Town people. The achievement of this objective does, however,
require certain limitations.
