[HISTORY: Adopted by the Board of Selectmen
of the Town of Newtown 10-6-1975 (Reg. No. 2); amended 2-5-1976; 4-8-1976; 5-4-1978. Subsequent
amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 27.
A.
The Board of Ethics shall be composed of six resident
electors, and at no time shall more than three members be of the same
political party. The First Selectman, with the approval of the Board
of Selectmen, shall appoint all members to the Board. Upon the expiration
of the term of any member of the Board or in the event a vacancy exists
on the Board, the First Selectman, with the approval of the Board
of Selectmen, shall appoint a new member to fill the vacancy. All
appointments shall be for a term of four years. In no event may any
member of the Board serve on said Board for a period of more than
eight years in succession. Any member having served for eight years
in succession shall be ineligible for reappointment to the Board for
a period of four years after he or she last served on the Board of
Ethics. Each member shall serve until his or her successor has been
appointed. Any member anticipating resignation from the Board shall,
whenever possible, give notice of such resignation 30 calendar days
in advance of the effective date of such resignation.
[Amended 8-22-2007 by Ord. No. 90]
B.
The First Selectman may not appoint an elector to
the Board of Ethics who has been a Town employee or official of the
Town in any capacity within three years prior to the date of appointment.
Any such appointment shall be void.
[Amended 8-22-2007 by Ord. No. 90]
C.
Should a member of the Board of Ethics be elected
or appointed to be an official of the Town or be hired as an employee
of the Town, he or she shall resign from the Board immediately upon
such election, appointment or hiring.
A.
The officers of the Board shall be a Chairman and
a Vice-Chairman.
B.
The Chairman shall preside at meetings and public
hearings. The Vice-Chairman shall perform the duties of the Chairman
in the event of the Chairman's absence, death, resignation or inability
to act for any other reason.
C.
The members of the Board shall elect a new officer
to replace an officer whose term has expired, or a majority of four
votes suffices to call for the election of a new officer or officers.
A majority of four votes is required to elect a new officer or officers.
D.
The Board of Ethics shall employ a clerk whose responsibility
is the taking of minutes at all meetings, typing and filing same,
and performing all other clerical and stenographic services for the
Board.
The continued presence of four members shall
be required to conduct the Board's internal administrative affairs.
The continued presence of four members shall be required to consider,
hear and act upon any phase of any complaint, investigation or request
for an advisory opinion concerning the application of the Code of
Ethics to any particular case.
A simple majority of members present is sufficient
to decide matters of the Board's internal administration or other
nonsubstantive business. A majority of four votes is required to decide
matters of substance. Determination of whether a matter is substantive,
i.e., requiring a majority of four votes, is the prerogative of the
Chairman. The vote of three members is sufficient to override a decision
by the Chairman that a matter is nonsubstantive.
A.
The Board shall receive complaints of any violations
of the Code of Ethics and shall, upon such complaint, investigate
same, and may hold private hearings thereon if, in the opinion of
the majority of the Board, said complaint warrants a hearing. Any
complaint received by the Board must be in writing and signed by the
individual making said complaint. Upon receiving any complaint, the
Board shall privately notify in writing the person against whom said
complaint has been filed, advising the concerned party of the specific
nature of the complaint made and being investigated by the Board,
and the name of the complainant. Upon receipt of said notice from
the Board, the party so notified that a complaint has been filed against
him shall have the right to demand a full hearing by the Board. Said
party is entitled to be represented by legal counsel. In the event
the Board decides that a hearing is required, or the person whose
conduct is being called into question demands a hearing, said hearing
shall afford the person whose conduct is called into question the
right to cross-examine anyone testifying against him or her, to meet
and answer any complaint made of his or her conduct, and to present
evidence in his or her own behalf. No hearing may be conducted with
fewer than four members of the Board in attendance.
B.
The Board of Ethics shall report to the Board of Selectmen
its finding as to whether or not a violation of the Code of Ethics
has occurred, together with recommendation as to dispositions to be
made. The Board of Selectmen shall thereupon take such action as it
may deem appropriate, including, but not limited to, removal from
office, suspension, censure, or dismissal of the charges, except that
elected officials may not be removed or suspended from office.
C.
If the Board of Ethics shall receive complaints against
any official or employee of the Town, the investigation and disposition
of which have been delegated to other boards or commissions created
by the Charter, or under the statutes of the State of Connecticut,
then, in that event, the Board of Ethics shall forward the complaint
received to the appropriate board or commission. The board or Commission
to which such complaints are forwarded shall thereafter notify the
Board of Ethics of the disposition made of said complaint.
D.
Whenever an official or employee, prior to any action,
shall have any question concerning the conformity with the Code of
Ethics of his/her contemplated action or participation in any proceedings,
he/she shall have the right to seek an advisory opinion of the Board.
Such request must be submitted in writing, and the resulting advisory
opinion from the Board shall be in writing.
E.
All opinions, findings and recommendations of the
Board of Ethics, whether advisory or at the request of a complainant,
shall be kept on file in the office of the Town Clerk.
While the general public's trust in officials
and employees is essential to good government, equally important is
the protection of the good reputation of those officials and employees.
To protect the reputations of the innocent from damage by the lodging
of baseless charges and to provide a means of correcting errors of
judgment without harm to the individual, or to good Town government,
the principle of confidentiality shall pervade the Board's work to
whatever extent allowable by the Freedom of Information Act of the
State of Connecticut, Public Act No. 75-342.[1]
[1]
Editor's Note: See C.G.S. § 1-206
et seq.
The Chairman or Vice-Chairman shall make or
have made copies of all correspondence directed to the Board of Ethics
at Town Hall or at their homes and forward these to all members of
the Board either by mail, when time permits, or notify members to
pick up their copies at Town Hall.
A.
Any amendment of the Code of Ethics by the Board shall
be submitted to the Legislative Council, which shall have 60 days
to approve, disapprove, modify or add to said amendment. Said Council
shall then follow the applicable procedures of this Charter to adopt
any amendment to the Code of Ethics as an ordinance of the Town.
B.
The administration of the Code of Ethics may be amended
by the affirmative vote of four members of the Board of Ethics, provided
that such amendment had been presented to the Board in writing at
a preceding regular meeting and posted in the office of the Town Clerk
for 10 days prior to the final approval. Comments from the public
will be allowed before the voting.
