Town of East Windsor, CT - Code Of Ethics Ordinance (Repealed)

BE IT ORDAINED: The following ordinance was adopted at a Special Town Meeting duly warned and held on February 19, 1992. Said Ordinance shall become effective fifteen (15) days from the publication thereof.

The purpose of these standards is to guide Town officials, elected and appointed, Town employees and citizens by establishing standards of conduct for persons in the decision-making process. It is intended to strengthen the tradition of good government in East Windsor by helping to ensure that governmental decisions and policies be made fee from undue influence and in the proper channels of government structure; that public office not be used for unauthorized personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals this Code of Ethics is hereby established, pursuant to Section 7-10 of the Charter of the Town of East Windsor.

2.2 Employee shall include all employees answerable to the elected Town officials, boards and commissions as set forth in Section 3-2 of the Town Charter, as well as employees of appointed Town boards and commissions, including those enumerated in Section 7-4 of the Charter. This would include but not be limited to employees under the Police Commission, Board of Education, the Water Pollution Control Authority and East Windsor Housing Authority.

No official or employee may obtain financial, political or personal gain, directly or indirectly, from any contract, any transaction or any decision of any agency of the Town. Any official or employee who has or questions whether he/she has a real, pecuniary or personal beneficial interest in any matter coming before any agency of the Town shall make the same known to such agency, and such interest shall be disclosed on the records of such agency. If such official or employee is a member of such agency, he/she shall refrain from voting upon or otherwise participating in the consideration of such matter or any determination in connection therewith by such agency. (Ref. East Windsor Town Charter, Sections 11-1 and 11-2).

No official or employee shall disclose or use any confidential information obtained in an official capacity. The term confidential shall not be used to restrict the release of any information that is properly available to the public.

No official or employee or member of his/her immediate family shall solicit or accept any gift or favor in excess of $50.00 in value in any calendar year, whether in the form of service, loan, thing, promise or any other form from any person or persons who to his/her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the Town.

No official or employee shall use or permit the use of Town funds, services, property, equipment, owned or leased vehicles, or materials for personal convenience or profit, except when such services are available to the public generally or are provided in conformance with established Town policies.

No official or employee shall appear on behalf of private interests before any agency of the Town, nor shall he/she represent any private interests in any action or proceeding against the Town in any litigation when such appearance or representation would be in conflict with or would impair his/her independence of judgment and action in the performance of his official duties as such official or employee.

No official or employee shall solicit any business, directly or indirectly, from another official or employee over whom he/she has any direct or indirect control or influence with respect to tenure, compensation, duties, or from any vendor or third party doing business with the Town.

An Ethics Commission is hereby established, and shall consist of five members who shall be electors of the Town, no more than the bare majority of whom shall be of the same political party (ref. Section 2.2 of the Town Charter). The members shall be appointed by the Board of Selectmen and shall serve for a four (4) year term following the initial term established by the Board of Selectmen, January 24, 1991. No official or employee of the Town shall be eligible to serve on the Commission. Vacancies shall be filled according to Section 6-2 of the Town Charter.

The Ethics Commission shall elect a chairman and a secretary, and establish its own rules and procedures, which shall be made public as established. The need to maintain confidentiality shall be considered pursuant to State Statute 1-82A when establishing the rules and procedures. It shall keep records of its meetings, and shall hold meetings at the call of the chairman and at such other times as it may determine. All decisions, procedures and opinions shall require a minimum of four (4) votes in agreement by the Commission.

(A) Upon written request or its own initiative the Commission shall render advisory opinions with respect to the applicability of this Ordinance. Any request or opinion, the disclosure of which invades the personal privacy of any individual (as that term is used in Connecticut General Statutes, Section 1-19, by the Connecticut Freedom of Information Commission and the courts), shall be kept confidential in a personnel or similar file and shall not be subject to public inspection or disclosure. The

Commission may make available to the public such advisory opinions which do not invade an individuals privacy, and may take other steps appropriate in an effort to increase public awareness of this Code of Ethics.

(B) The Commission shall establish procedures by which the public may initiate complaints alleging a violation of this Code. By its own initiative or upon receipt of a written complaint alleging a violation of the Ordinance, the Commission shall determine by a minimum of four (4) votes in agreement whether sufficient cause exists to warrant an inquiry. The Commission shall have the power to hold hearings concerning the application of this Code and its violation, and may administer oaths and compel the attendance of witnesses by subpoena. Unless the Commission makes a finding of probable cause, a complaint alleging a violation shall be kept confidential, except upon the request of the respondent.

(C) If the Commission determines by a minimum of four (4) votes in agreement that the respondent has in fact violated the provision of this Ordinance, it shall file a Memorandum of Decision. This Memorandum shall be a recommendation for appropriate action, taking into account the respondents intent and willfulness in respect to said violation. Said Memorandum shall be presented to the Board of Selectmen, except with respect to individuals under the jurisdiction of the Board of Education, in which cases the Memorandum of Decision shall be filed with the Board of Education with simultaneous copy to the Board of Selectmen. No such recommendations shall limit the authority of the Board of Selectmen under the Charter of the Town of East Windsor.

This Code of Ethics Ordinance shall become effective at such times as the Ethics Commission rules and procedures are completed and made public, or no later than six months after the approval of the Ordinance at a Town Meeting.