From: Susan Kniep, President
The Federation of Connecticut Taxpayer Organizations, Inc.
Website: http://ctact.org/
email: fctopresident@ctact.org
860-524-6501
January 28, 2006
Ethics in Connecticut
and Campaign Finance Reform
The State’s recently passed campaign
finance bill is flawed as illustrated in the following article
: http://www.zwire.com/site/news.cfm?newsid=15719563&BRD=1633&PAG=461&dept_id=11608&rfi=6 .
The Bill also provides the two
major political parties (Republican and Democrat) with excessive power while imposing
nearly insurmountable obstacles upon third parties as the following articles
explains http://www.gp.org/press/states/ct_2005_12_28.shtml .
In August, 2005, the State’s
Office of Legislative Research produced a document which found when “Using
August 2005 data from the Office of the Secretary of the State, that over 58%
of all Senate districts and 62% of all House districts are dominated by one of
the two major political parties (i. e. , either
Democrats or Republicans).” This report
can be found at the following website http://www.cga.ct.gov/2005/rpt/2005-R-0636.htm.
On January 25, 2006
it was reported that Senate
Republicans seek to close loopholes in campaign law: By
Susan Haigh, AP Political Writer | January 25, 2006, HARTFORD, Conn. --Republicans in the
state Senate proposed a plan Tuesday to close what they consider loopholes in
the state's new campaign finance reform legislation, more than a month after
the bill became law. Continued at
following website: http://www.boston.com/news/local/connecticut/articles/2006/01/24/senate_republicans_seek_to_close_loopholes_in_campaign_law/
Corruption has been running rampant in our State. Some corrupt local and state officials are now
sitting in jail. The recently disclosed
DOT bid rigging scandal
was trumped by a former Senator’s revelation of mob influence as
he proclaimed “I told you I know the underworld”. The
Feds describe this former Senator as a “corrupt hustler who took campaign cash
for favors to mobsters and demanded a raise for a no-show job.”
Citizens of our state must demand a reversal of this trend
through the implementation of sound ethical standards.
Corruption is costly. To understand the true effects of a
government void of ethics, refer to the following http://www.cottagecoalition.org/rowland.htm
For those wishing to instill ethical standards in their own
municipality, you may wish to refer to the attached Code of Ethics as proposed
by a group of concerned citizens in Glastonbury. Although Glastonbury town officials refused to embrace
the code as drafted, the code is exemplary and should serve as a basis for
municipal codes throughout the State.
Share your thoughts with us on campaign finance reform,
conflicts of interest, and ethics codes.
Susan Kniep, President, The Federation of
Connecticut Taxpayer Organizations, Inc.
GLASTONBURY CODE OF ETHICS
As
Proposed by a Group of Concerned Glastonbury
Citizens
ETHICS IS EVERYONE’S BUSINESS
04-06-03
PROPOSED GLASTONBURY CODE OF
ETHICS
TABLE OF CONTENTS
All defined terms, as set forth in the
Definitions Section, appear in bold print within the text.
All required forms under this Code
appear in bold italics print within
the text.
Page
TABLE OF CONTENTS 1
Sec. 2-56 DECLARATION OF POLICY AND PURPOSE 3
Sec. 2-57 THOSE COVERED BY THE CODE……………….. (Pink Pages) 4
Sec. 2-58 DEFINITIONS……………………………………………(Pink Pages) 7
Sec. 2-59 BODY OF THIS CODE ……………………………… (White
Pages)
8
A.
Appearance of Impropriety
8
B. Conflict of Interest 8
C. Voting and Participation in
Town Matters 9
D. Gifts, Gratuities, Loans,
Political Contributions 9
E. Fees or Honoraria 11
F. Use of Public Property by
Agents 11
G. Public Contracts / Public
Transactions 11
H. Equal / Special Treatment 12
I. Incompatible Service /
“Moonlighting” 12
J. Use of Influence, Power or
Authority 12
K. Finder’s Fees / Referral Fees
/ Door Opening 13
L. Confidential Information 13
M. Appearance on Behalf of Private Interests 13
N. Paid Consultant, Vendor or
Contractor of the Town 13
O. Former
Agent - “Revolving Door” 14
P. Annual Statement of Personal Interest: Filing Requirements 14
Q. Funding of the Code 16
R. Distribution
of the Glastonbury
Code of Ethics 16
S.
Amendments 17
T. Severability 17
U. Other Laws 17
Sec. 2-60 GLASTONBURY ETHICS COMMISSION ………… (Blue
Pages) 18
A.
Appointments 18
B. Qualifications 18
C. Oath
of Office 19
D. Political
Activity 19
E. Commission
Structure 19
F.
Powers and Duties 20
G.
Notices 21
H. Correspondence 21
I. Advisory Opinions 21
J. Complaint Procedure 21
K. Education
and Training 24
Sec. 2-61 PENALTIES ……………………………………………. (Blue Pages) 25
FORMS ……………………………………………………… (Ivory Pages)
Form A.
Agreement to Comply With the
Glastonbury Code of Ethics 26
Form B. Annual
Statement of Personal Interest 27
Form C. Disclosure of Conflict of Interest 29
Form D.
Request for Advisory Opinion 30
Form E.
Annual Gift Disclosure 31
APPENDIX…………………………………………………. (White Pages)
Appendix I
List of Source Documents and Resources
33
Appendix
II Related Codes and Law 35
Appendix III
Chronology of This Code 36
Appendix IV
Members of the Citizen’s Drafting Committee
37
Sec.
2-56
DECLARATION OF POLICY AND PURPOSE
Public
office is a sacred public trust. The
trust of the public in its government is essential for that government to function effectively in the public interest.
The people living in and doing business
with the Town of Glastonbury
are entitled to fair, ethical and accountable local government -- a government
that has earned the public’s full trust and confidence. The proper operation of government in the
public interest demands that all officials and employees be independent of
improper influences, impartial, responsible and responsive to all those they
serve and with whom they do business.
Thus, governmental decisions and policies should be free from threats,
favoritism, intimidation, undue influences, fear of retribution and all other
forms of impropriety, to prevent the erosion of public confidence.
It is the policy and purpose of this
Code of Ethics that all governmental decisions, actions and policies be made
openly through the proper channels of government, that all public deliberations
and public meetings be conducted openly, unless legally authorized to be
conducted confidentially, and that the public be invited, permitted and
encouraged to attend any public meeting in an atmosphere of respect and civility. In addition, it is the policy and purpose of
this Code of Ethics that governmental office and employment not be used for
personal gain beyond the compensation established by government and that
government officials and employees strive to avoid even the appearance of
impropriety.
This
document shall constitute the Glastonbury
Code of Ethics. It establishes standards
and guidelines for the ethical conduct of officials, employees, consultants,
vendors, and contractors, as well as others that may be covered by this
Code. It also establishes the Glastonbury Ethics
Commission, which is granted the power to issue advisory opinions, investigate
and rule on any complaint alleging a violation of this Code and impose penalties. This Code is enacted as an ordinance pursuant
to the authority granted to the Town by Section 1101 of the Town Charter and Section 7-148h of the
Connecticut General Statutes.
All
officials, employees, consultants, vendors, and contractors whose conduct is
covered by other codes of ethics shall be expected to conform to the provisions
of such codes. Any conflict between
professional rules of conduct and this Code shall be brought to the attention
of the Glastonbury
Ethics Commission immediately by the official, employee, consultant, vendor, or
contractor affected.
This
Code of Ethics shall supercede Sec. 2-56 through 2-62
of Division 3 of the Glastonbury
Code of Ordinances. It is suggested that the Ethics Commission utilize Forms
A-E as filed with the Town Clerk on May 5, 2003.
Sec.
2-57
THOSE COVERED BY THE CODE
“Agent,” which is defined hereafter as “any
executive, administrative or legislative official of government or employee of government, including any member of any committee of, or created
by, any agency of government. Agent
shall also include any consultant, vendor or contractor of government that is authorized by government to exercise any of the
powers, or to perform any of the duties of the Town or to provide goods, services, advice or studies to the Town, or to transact business with the
Town.”
“Agent” also
includes all of the following:
“Official”
which is defined hereafter as “an elected or appointed individual, whether compensated or
not, who is granted or delegated a portion of the powers or duties of government, either independently or
collectively with others, and who is authorized to exercise such powers or
perform such duties by the use of discretion and independent judgment,
including, but not limited to, candidates for public office and candidates for
the Board of Education.”
“Employee” which
is defined hereafter as “an individual compensated by the Town, who does not independently
exercise any of the powers of the Town,
but rather who works under the authority of an official, including but not limited to Board of Education
employees, the administration of the Glastonbury School System, and the Housing
Authority employees.”
“Consultant”, “Vendor” and “Contractor ” which is defined hereafter as “any person that is authorized by government to exercise any of the powers, or to perform any of the
duties of the Town or to provide
goods, services, advice or studies to the Town, or transacts business with the Town or submits a bid to transact business with the Town.”
Sec. 2-58
DEFINITIONS
As used
in this Code, the following words or phrases shall have the meanings indicated
below. Also, words used in this Code
importing the singular number may extend and be applied to several persons or
things, and words importing the plural number may include the singular. Similarly, words importing the masculine
gender may be applied to females and words importing the feminine gender may be
applied to males.
“ADVISORY OPINION” means a formal
written decision, adopted by the Glastonbury Ethics Commission, upon
application or request of any member of the public or upon the motion of such Commission, which decision
interprets the Glastonbury Code of Ethics or applies any of the Code’s
provisions to a given statement of facts.
“AGENCY” means all departments, boards, commissions,
authorities and committees of the Town including the Town Council and the Board
of Education.
“AGENT” means
any executive, administrative or legislative official or employee
of government, including any
members of any committee of, or created by, any agency of government. “Agent”
shall also include any consultant,
vendor or contractor of government that is authorized by government to exercise any of the
powers, or to perform any of the duties, of the Town or to provide goods, services, advice or studies to the Town, or to transact business with the
Town.
“BENEFICIAL
INTEREST” means any “financial interest” as defined herein and any non-financial
interest or special treatment given to any agent, which is not common to other members of the public.
“Beneficial
interest” shall include the beneficial interest of any family member, business associate, or any business in which
the person holds greater than a five percent (5%) interest.
“Beneficial interest” shall also include
the beneficial interest of the person or family member, when such person or family member is a director,
officer, owner, employed person,
compensated person, or holder of
five percent (5%) or more of the stock of any class, in any business or other
enterprise.
“CANDIDATE
FOR PUBLIC OFFICE” means 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.
“CITIZEN”
means any individual who legally resides in the Town of Glastonbury.
“CODE” means the Glastonbury Code of Ethics.
“COMMISSION” means the Glastonbury Ethics Commission.
“COMPENSATION” means payment, either in
cash or in kind, for services rendered or to be rendered, for products provided
or to be provided, or for the promise of any act or for the promise to forego
the performance of any act.
“COMPLAINT”
means an allegation made by any person, or the Glastonbury
Ethics Commission. However, only the Glastonbury Ethics
Commission shall file a complaint and assign a case number to such complaint.
“COMPLAINANT”
means the person making the complaint.
“CONFIDENTIAL
INFORMATION” means information, however transmitted, that is
obtained by an agent by reason
of official office or position and that is of such a nature that it is not a
matter of public record or public knowledge.
“CONSULTANT”, “VENDOR” and “CONTRACTOR” means any
person that is authorized by government to exercise any of the
powers, or to perform any of the duties of the Town or to provide goods, services, advice or studies to the Town, or transacts business with the Town or submits a bid to transact
business with the Town.
“EMPLOYEE” means
an individual compensated by the
Town of Glastonbury, who does
not independently exercise any of the powers of the Town, but rather who works under the authority of an official, including but not limited
to Board of Education employees, the administration of the Glastonbury School
System, and the Housing Authority employees.
“FAMILY MEMBER” means
spouse, parent, grandparent, child, grandchild, stepchild, sibling,
stepsibling, (including all in-laws) and/or any individual with whom an agent
has a family-like relationship and/or who resides in the agent’s household.
“GIFT” means
anything of value. For
additional information see Sec. 2-59D.
“GOVERNMENT”
means the government of the Town of Glastonbury
and the Board of Education and the administration of the Glastonbury School
System.
“INDIVIDUAL”
means a human being.
“OFFICIAL” (as
a noun) means an elected or
appointed individual, whether
compensated or not, who is granted or delegated a portion of the powers or
duties of government, either
independently or collectively with others, and who is authorized to exercise
such powers or perform such duties by the use of discretion and independent
judgment, including, but not limited to, candidates for public office and
candidates for the Board of Education.
“PERSON” means
an individual and any legally recognized entity, including but not limited to a
business, corporation, union, association, firm, partnership, committee, club,
proprietorship, enterprise, franchise, association, society, organization,
self-employed individual, estate, other organization or group of persons,
trust, Limited Liability Company, Limited Liability Partnership or for profit
or not for profit organizations.
“PUBLIC” (as a noun) means the residents of the Town of Glastonbury or all
persons
doing business with the
government.
“RESPONDENT”
means a person against whom a complaint is directed to or by the Glastonbury Ethics Commission.
“SIGNIFICANT
FINANCIAL INTEREST” means any interest (including ownership of an
asset), with a monetary value of one hundred ($100) dollars or more or which
generates a financial or economic gain or loss of one hundred ($100) dollars or
more in a calendar year.
A person’s
significant financial interest
shall include the significant
financial interest of all family members or any business in which such person
holds greater than a five percent (5%) interest in any business or enterprise
doing business with the Town.
A person
shall have a significant financial interest if such person or family member
is a director, officer, owner, employed
person, compensated person,
in any business or other enterprise doing business with the Town.
A person’s significant financial interest shall not include
any duly authorized compensation from the Town as an employee.
“TOWN” or
“TOWN OF GLASTONBURY” means the political
subdivision of the State of Connecticut
designated and recognized by the state as the Town of Glastonbury,
and which also includes the Glastonbury
School District.
“VIOLATION”
means an action contrary to the Glastonbury
Code of Ethics.
Sec. 2-59
BODY OF THE GLASTONBURY CODE OF ETHICS
A. APPEARANCE
OF IMPROPRIETY
The sensitive nature of public office and public employment
requires that officials and employees act in a manner that promotes public
confidence in the integrity of public office and public employment. Officials and employees need to be sensitive
to the public’s perception of their actions. “Anything which tends to weaken
such confidence and to undermine the sense of security for individual rights
which the citizen is entitled to feel is against public policy.” Low v. Madison 135 Conn.
1,9 (1948).
Therefore, officials and employees must not only be free of impropriety
but the appearance of impropriety as well.
B. CONFLICT
OF INTEREST:
No agent shall participate in any business, employment or
transaction, or have a beneficial interest, which may be incompatible with the
proper discharge of his official responsibilities or could tend to impair his
independence of judgment or action in the performance of his official
duties.
(1)
Disclosure of Conflicts of Interest / Possible Conflicts of Interest:
Any
agent, who has a beneficial interest in any matter before the Town, shall
disclose that interest and its exact nature orally at the time such interest
may be considered a conflict pursuant to Sec. 2-59B(2). Within five (5) business days of the oral
disclosure, the conflict shall also be disclosed in writing by such agent, on the “Disclosure of
Conflict of Interest” Form to:
(c.)
The Town Clerk and appropriately filed with such.
For
officials and employees, the “Disclosure
of Conflict of Interest” Form shall be attached to the “Annual Statement of Personal Interest” Form.
Violation by any agent of
the provisions of this section shall be grounds for removal from office or
position, termination of any contract with the Town or any other penalty set
forth in Sec. 2-61. The existence of a
conflict of interest or possible conflict of interest, whether or not disclosed
by the agent, shall disqualify
the agent from participation in
the matter.
(2) To Whom the Disclosures are Made:
Disclosure
of the existence of possible conflicts of interest by an agent of the Town
shall be made pursuant to Section 1101 of the Town Charter as follows:
(a.) Official who reports to a board, commission or
other multi-member authority of
government: to the
particular board, commission or other multi-member authority
to which such official
reports.
(b.) Official who is a member of an elective
or appointive board, commission or other
multi-member
authority of government: to the particular board, commission
or
other
multi-member authority of which such official
is a member.
(c.) Non-board of education employee who
is not a department head: to such
employee’s
department head.
(d.) Non-board of education employee who
is a department head: to the Town
Manager.
(e.) Town
Manager: to the Town Council.
(f.)
Board of Education employee: to the Superintendent of Schools.
(g.)
The Superintendent of Schools: to
the Board of Education.
(h.)
Consultant, Vendor or Contractor: to the Town Director of Finance and
Administrative
Services.
C. VOTING AND
PARTICIPATION IN TOWN MATTERS:
No official or employee shall vote upon
or otherwise participate in any matter on behalf of the Town if such official or employee has a beneficial interest in the matter, including but
not limited to any contract, transaction, sale of real estate,
materials, supplies or services to the Town. This provision shall not apply to
voting in referendums and in Town elections.
No official or employee shall vote upon or otherwise participate in any hearing, decision or
matter involving the purchase of town property, the use of town owned property
or any zoning issues, if such official or employee has a
personal interest or beneficial interest in the matter. “The test is not whether personal interest does, in fact,
conflict, but whether it reasonably might conflict.” Thorne
v. Zoning Commission 178 Conn 198, 204-205 (1979).
For the purposes of this section, the term “personal
interest” has the meaning ascribed to it by the Connecticut Supreme Court in
Anderson v. Zoning Commission, 157 Conn 285
(1960). See also: Thorne v. Zoning Commission, 178 Conn. 198, 204-205
(1979), Fruscianti v. Westbrook Zoning
Board of Appeals, 6 Conn. L. Rptr 298 (1992) ( Higgins, J.) and East
Street Residential Partnership v. East Granby Planning and Zoning
Commission, 1 Conn. Rptr. 653 (1990) ( Smith,
J.).
D. GIFTS,
GRATUITIES, LOANS, POLITICAL CONTRIBUTIONS, FAVORS:
“GIFT” means
anything of current or future value, favor, service, from or to
any person involved in any contract or transaction with the Town, including,
but not limited to: political
contribution, reward, promise of future employment, entertainment, beverage,
travel, lodging, food, loans not
commercially available in the
ordinary course of business, payment, subscription, advance, rendering of
service or a deposit of money. “Gift”
also means anything of value given to any person defined in “beneficial interest”.
Unacceptable
Gifts:
No
agent shall grant any consideration or advantage to himself or to any other person beyond that which is available
to every other person, except as
authorized by an ordinance or the Town Council.
The
solicitation or acceptance of any gift by an agent, or through a person identified in the definition of “beneficial
interest” in connection with such
agent’s official duties, constitutes a violation of the Code.
No
agent shall solicit, accept or grant, or cause to be
accepted or granted a current or future gift, favor, service or anything of
value, from or to any person involved in any contract or transaction with the
Town, except as defined in acceptable gifts.
(1.) A political contribution
reported as required by law and by the provisions of the
Code.
(2.) Services provided by a person volunteering their time to a
charitable cause.
(3.) A
commercially reasonable loan made on terms not more favorable than loans
made in the
ordinary course of business.
(4.) A gift
received from a person
identified in the definition of “family member”.
(5.) Goods or services that are provided to the
Town and facilitate governmental action
or functions.
(6.) A certificate, plaque or other ceremonial
award costing less than one hundred ($100)
dollars.
(7.) A rebate or discount
on the price of anything of value made in the ordinary course
of
business without regard to a person's
status.
(8.) Printed or recorded informational material
related to governmental action or
functions.
(11.) A meal provided at an event and/or the registration or entrance
fee to attend such an
event, in which
an agent participates in the agent’s official capacity.
(12.) A meal provided in the home by an individual who resides in the Town.
(13.) A gift in‑kind of nominal value not to exceed twenty-five
($25) dollars provided
the
total value of such gifts in any
calendar year, does not exceed fifty ($50)
dollars.
(14.)
Gifts from a person or persons having a beneficial
interest shall be totaled in any one calendar year and shall not exceed
fifty ($50) dollars.
Disclosure
of Gifts:
Agents
shall annually disclose gifts
(acceptable and unacceptable) totaling more than two hundred and fifty ($250)
dollars in any calendar year from or to any person (excluding family
members) involved in any contract or transaction with the Town.
This disclosure shall be made in writing to the Glastonbury Ethics Commission and to the Town
Clerk and filed with the Town Clerk by January 31st of each year for
the preceding calendar year. Such
disclosure shall be made on the “Annual
Disclosure of Gifts” Form and shall be public information.
E. FEES OR
HONORARIA:
No
agent shall, while acting in such agent’s
official capacity, accept a fee or honorarium for an article,
appearance, speech, or for participation at or in an event. An agent
shall make it clear at all appropriate times whether or not he is acting in an
official capacity on behalf of the Town.
F. USE OF
PUBLIC PROPERTY BY AGENTS:
No
agent shall
request, use or permit the use of any Town‑owned vehicle, equipment,
facility, materials, property, funds or service for personal convenience,
profit, or to promote a political position, except when such things are
available to the Town citizens generally or are provided as a matter of Town
policy for use by the agent.
G. PUBLIC
CONTRACTS / PUBLIC TRANSACTIONS
(1.) No official
or employee or person identified in
the definition of “beneficial
interest”
shall enter into a contract with the Town.
(2.) No
official or employee having the power or duty to
perform an official act or
action related to a contract or transaction
which is, or may be, the subject of
an official
act or action of the Town shall:
(a.) have or thereafter acquire an interest in such
contract or transaction; or
(b.) have a beneficial
interest in any business entity representing, advising or
appearing on
behalf of any person involved in
such contract or transaction; or
(c.) solicit or
accept present or future employment with a person or
business entity involved in such contract or transaction,
subject to the
provisions of Sec. 2-590; or
(d.) solicit, accept, grant or cause to be granted
a present or future gift,
favor,
service or
thing of value from or to a person
involved in such contract or
transaction. This Sec. 2-59G(d)
shall also apply to any consultant, vendor or
contractor; or
(e.) have encouraged, made or accepted any ex parte or unilateral application or
communication
concerning such contract or transaction where a determination
is to be made
at a public hearing concerning such contract or transaction and
such official or employee fails to make the
contents of the communication part
of the
record. This Sec. 2-59G(e)
shall also apply to any consultant,
vendor or
contractor.
No agent shall use his position or
office for the financial or beneficial gain or loss of himself, or for anyone
defined in “beneficial interest”.
H. EQUAL /
SPECIAL TREATMENT:
No
agent shall accept, seek, grant, or cause to be granted, any special
consideration, treatment or advantage for himself or for any other person beyond that which is available
to every other citizen, except as
authorized by Town ordinance,
federal law or the Connecticut General Statutes.
I.
INCOMPATIBLE SERVICE / “MOONLIGHTING”:
No
agent shall engage in or accept private employment or other public employment
or render services for private interests, when such employment or services are
incompatible, with the proper discharge of such agent’s official or contractual duties or could tend to impair
such agent’s judgment or action
in the performance of his official or contractual duties, unless otherwise
permitted by law.
J. USE OF
INFLUENCE, POWER OR AUTHORITY:
No
agent shall inappropriately use his position or office to accept, seek, demand,
or influence a beneficial interest in such agent’s favor or in the favor of any other person.
K. FINDER’S
FEES / REFERRAL FEES / DOOR OPENING:
No agent shall accept any finder’s fees, payments in cash or in kind or
referral fees for any action or decision connected with Town business. This prohibition shall include payments to
third parties.
L.
CONFIDENTIAL INFORMATION:
Except
as may be required by law, or except as may be provided within the scope of an
agent’s employment contract with the Town, no agent of the Town shall disclose,
in any form, any confidential information.
Nor shall any agent use
confidential information to advance such agent’s beneficial interest or the beneficial interest of any other person, or for financial,
economic or personal gain, political reasons and/or for any purpose which has
as a consequence the economic detriment of the Town.
M. APPEARANCE
ON BEHALF OF PRIVATE INTERESTS:
No agent shall appear for,
or represent, any private interest in any matter in which the Town or any of
its agencies is a party. *
Any agent may appear before any Town agency, on behalf of himself.
A member of any Town agency may appear before any Town agency, in the realm of his duties as
a representative of the electorate as a whole, or in the realm of his duties as
an agent where such agent has no beneficial interest.
No agent
shall use his official capacity, in support of, or in
opposition to a particular Town issue, decision or referendum, on behalf of, or to the detriment of any
political party or political or private interest.
**
*
The Town Council, the Zoning Board of Appeals and the Town Plan and Zoning
Commission are advised to consult Sections 8-11 and 8-21 of the Connecticut
General Statutes concerning zoning matters.
**
Agents are advised to consult Section 1005 of the Town Charter and Section
9-369b of the Connecticut General Statutes.
N. PAID
CONSULTANT, VENDOR OR CONTRACTOR OF THE TOWN:
No paid consultant, vendor
or contractor of the Town shall represent a private interest in any action or
proceeding for or against the interest of the Town when such representation may be in conflict with the performance of his duties as a paid consultant, vendor or contractor of the
Town.
No
paid consultant, vendor or contractor of the Town shall represent any person other than the Town with respect to any matter affecting
the Town in which the consultant,
vendor or contractor participated directly as a
consultant, vendor or contractor to the Town.
No
paid consultant, vendor or contractor shall disclose confidential information
obtained while performing duties for the Town.
Nor shall any such consultant,
vendor or contractor use any such confidential
information for his own benefit or the beneficial interest of any other person.
O. FORMER
AGENT – “REVOLVING DOOR”:
No
former official or former employee shall appear for a beneficial
interest before any Town board or agency
with which such official or employee was formerly employed or
associated as an official or employee at any time within a period
of two (2) years after termination of such official’s or employee’s
service with the Town, except to represent himself.
No
former official or former employee shall represent any person
other than the Town concerning any matter in which such official or employee
participated directly while in Town service.
No
former official or former employee shall disclose or use
confidential information obtained in the course of, or by reason of, such official’s or employee’s official duties.
No
former official or former employee who participated
directly in the negotiation or award of a Town contract obliging the Town to
pay an amount of one hundred thousand ($100,000) dollars or more, or who
supervised the negotiation or award of such a contract, or who had the
responsibility of, or actually supervised or reviewed the implementation of the
contract, shall accept employment with a party to the contract other than the
Town for a period of the later of two (2) years after such contract is
completed or two (2) years after termination of such official’s or employee’s
service with the Town.
P. ANNUAL STATEMENT OF PERSONAL INTEREST
FILING
REQUIREMENTS:
Disclosure requirements are designed to
balance the rights of those individuals
filing personal interest statements against the public disclosure necessary to
guard against conflicts of interest. The objective of disclosure is not to
determine an individual’s net
worth. Thus, information is required to determine potential conflicts of
interest while avoiding unnecessary intrusion.
The following
officials and employees shall file with the Town Clerk, under penalty of false
statement, an “Annual
Statement of Personal Interest” Form on, or
before January 31st for the preceding calendar year, or any part
thereof, in which the official or employee held office or employment:
- The Town Council, Board of Education, Town
Plan and Zoning Commission, Zoning Board of Appeals, Conservation
Commission, Board of Finance, Ethics Commission, Public Building
Commission, Board of Assessment Appeals, Building Board of Appeals,
Economic Development Commission, Insurance Advisory Committee, Public
Buildings Commission, Recreation Commission, Town Manager, Superintendent
of Schools, Department Heads and Directors.
- Each candidate for elected Town office.
- The Town
Attorney and all partners associated with his law firm.
- Any other person that the Glastonbury Ethics Commission determines
shall file such statement. In
making a determination as to whether or not a person shall file such statement, the Commission shall consider whether such person is involved with the
budget of the Town, any
land use decisions and any zoning matters of the Town.
Any official or employee
who leaves his office or position shall file an “Annual Statement of Personal Interest” Form for that calendar year within
sixty (60) days after leaving office or employment. Such form shall cover that
portion of the calendar year he was in office or employment.
A copy of each “Annual Statement of Personal Interest” Form shall be filed with the Town
Clerk and kept on file for a period of five (5) years from the year that the
official or employee left Town office or employment. Said form shall also be
submitted to the
Commission. The “Annual Statement of Personal Interest” Form shall be a public record.
Any official or
employee who is required to file an “Annual
Statement of Personal Interest” Form and is unable to provide required
information in a timely manner may petition the Commission for an extension of
time.
Any official or employee filing an “Annual Statement of Personal Interest” Form and claiming a
legitimate need for privacy, may petition the Commission to seal part of the
Form. The Commission may grant the petition
to the extent permitted by law.
An initial “Annual Statement of Personal Interest “ Form shall be filed within
thirty (30) days of being hired, appointed, elected or upon declaration as a candidate for public office and upon
the enactment of this Code. The
initial filing of the “Annual Statement of Personal Interest” Form shall
provide information for the two (2) calendar years preceding the required date
of filing. For any subsequent filing of the “Annual Statement of Personal Interest” Form
only the information from the preceding calendar year shall be required on said
form. The “Annual
Statement of Personal Interest”
Form shall include, but not be limited to the following:
- The name of each employer and former employer
of the filer within five (5) years of the filer becoming an official or
employee.
- The name of each client of the filer, that the
filer is aware of, who has a beneficial interest in, or does business
with, the Town.
- The name of any person with whom the filer has a significant financial interest, and
such person does business with the Town.
- The street address and volume and page of the
deed for any real property located within the Town in which the filer has
a beneficial interest.
- The name and address of each creditor, doing
business with the Town, to whom the filer owes debts of more than ten
thousand ($10,000) dollars, excluding credit card debt.
- Any lease or contract with the Town, held or entered into by the filer or any lease or
contract with the Town
which the filer has through a beneficial
interest.
- The name, address, source and amount of the
cash value of any reimbursement for expenses aggregating more than fifty
($50) dollars in the reporting calendar year, if the source of such
reimbursement is a person having a
beneficial interest in a matter before the Town.
Q. FUNDING OF THE CODE:
All
expenses incurred by the Ethics Commission or the Town in the course of administering and implementing the Glastonbury Code of Ethics, including
the funding of the Glastonbury Ethics Commission, shall be paid by the Town.
R. DISTRIBUTION
OF THE GLASTONBURY
CODE OF ETHICS:
The
Code shall be distributed by the Town Clerk within ninety (90) days after
enactment of the Code to every official, employee, consultant, vendor and contractor. The Town Clerk shall display and keep
openly available to the public, copies of the Code. The Code shall also be made
available in the following locations within the Town: each library, each Town Department, each Town
School and the offices of
The Board of Education. The Code shall be available on the Town of Glastonbury’s website, shown and referenced as a separate document
thereon.
Each
current official, current employee and each current consultant, vendor
and contractor shall be
furnished with a copy of the Code and the form entitled, “Agreement to Comply With the Glastonbury Code of Ethics” which form
shall be signed by such person, witnessed and returned to and filed with the
Town Clerk.
Each new official,
employee, and any person who is
about to enter into a contract
with the Town, shall be furnished with a copy of the Code and the form
entitled, “Agreement to Comply With the Glastonbury Code of Ethics”,
which form shall be signed by such person
and returned to the Town Clerk, before entering upon the duties of such person’s office, employment or
contract.
After signing and filing an initial “Agreement
to Comply With the Glastonbury Code of Ethics” Form, each official,
employee and any other person
having a contract with the Town
shall sign and return to the Town Clerk a subsequent additional “Agreement
to Comply With the Glastonbury Code of Ethics” Form at least every two (2)
years.
All signed “Agreement
to Comply with the Glastonbury
Code of Ethics” Forms shall be filed with the Town
Clerk. Such form shall be a matter of
public record and be retained by the Town
Clerk for a period of five (5) years after termination of employment, service
or contract.
Each
official, employee, person having a contract with the Town and any other person subject to the Code, shall
receive his own personal copy of the Code,
read it and otherwise familiarize himself with the terms of the Code.
The Code shall be incorporated into all
contracts entered into between an agency
and a consultant, vendor or contractor.
S. AMENDMENTS
Any
amendments to the Code shall apply to all those covered by the Code upon the
effective date of the amendment. It is
the responsibility of the Town Clerk
to publish, post and distribute any amendment of the
Code in the same manner as the Code is distributed, as required herein. It
shall be the responsibility of each of those covered by the Code to read and otherwise familiarize
himself with the terms of such amendments.
T.
SEVERABILITY:
If any part of the Code is
for any reason held to be unconstitutional, invalid or ineffective by any court
of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of the Code.
U.
OTHER LAWS:
A conviction of any criminal law may
constitute a violation of the Code.
Sec. 2-60
GLASTONBURY
ETHICS COMMISSION
A.
APPOINTMENTS:
As authorized by Section 802 of the
Charter of the Town of Glastonbury
and Section
7-148h of the Connecticut General
Statutes there is hereby created an Ethics Commission for the Town of Glastonbury.
The Commission shall consist of five (5) regular members, (hereinafter referred
to as “member”) and two (2) alternate members appointed by the affirmative vote
of no less than 7 members of the Town Council, for a term of three (3)
years. However, of the initially
appointed members, one (1) shall serve for one (1) year, two (2) shall serve
for two (2) years and two (2) shall serve for three (3) years. No individual
shall be appointed to more than one (1) three-year (3) term. Of the members, no
more that two (2) shall be from the same political party and no more than two
(2) shall be unaffiliated.
Of the initially appointed alternate
members, one (1) shall serve for two (2) years and one (1) shall serve for
three (3) years. Of the alternate
members, no more than one (1) shall be from the same political party and no
more than one (1) shall be unaffiliated.
As each complaint is filed by the
Commission, an alternate member shall be assigned that file on a rotational
basis by file number and shall follow said file through to its completion. Each alternate member shall have all the
responsibilities and authority as each member, except shall vote only in the
absence of a member on that particular file assigned to him.
If for any reason a member is not able
to attend enough meetings to give proper attention to a particular file, the Commission may permanently assign that
file to the alternate member to which it was initially assigned, to follow said
file through to its completion.
B.
QUALIFICATIONS:
Each member and each alternate member
shall be an elector of the Town, shall not be compensated for service on the
Commission and shall agree that each decision he makes shall be made
impartially, objectively, without political partisanship or on the basis of any
ideology, except that which is set forth in the Code.
No member or alternate member shall:
(1.)
Hold or campaign for any appointed or
elected public office.
(2.) Hold or have held public office or have been
a candidate for public office for a period of two (2) years prior to being appointed
as a member or alternate member of the Commission.
(3.)
Hold or have held office or campaigned for office in any political party
or hold or
have
held membership on any political committee for a period of two (2) years
prior to
being appointed as a member or alternate member of the Commission.
(4.) Serve as a member of any Town agency or
commission.
(5.)
Have been found in violation of any state, municipal or professional
code of ethics.
(6.) Be employed by the Town or have been employed by the Town within the prior
two (2) years
from the date of appointment as a member or alternate member of the
Commission.
(7.) Be a consultant, vendor or contractor of the
Town or an employed person of any
such consultant,
vendor or contractor in the prior two (2) years from the date of
appointment as
a member or alternate member of the Commission.
(8.) Have changed from a registered Democrat or
Republican to an unaffiliated voting
status for a
period of two (2) years prior to the date of appointment as a member or
alternate
member of the Commission.
C.
OATH OF OFFICE:
Each member
and each alternate member shall take an oath of office to faithfully discharge
his duties under Sec. 2-60F(1) herein. Said oath shall be administered by the Town
Clerk.
D.
POLITICAL ACTIVITY:
No member, alternate member or employee of the Commission shall
publicly support or oppose any candidate for any public office. “Publicly
support or oppose” means volunteering as a campaign worker, giving a speech at
a political event or formally or informally endorsing or opposing a candidate
or issue.
No candidate for political office may
disseminate information that indicates or infers that a member, alternate
member or employee of the
Commission supports or opposes his candidacy or any issue.
E.
COMMISSION STRUCTURE:
The Commission shall elect a
chairperson, who shall preside at meetings of the Commission, and shall also
elect a vice-chairperson, who shall preside in the absence of the chairperson.
A quorum of the Commission shall be
comprised of five (5) voting members, including any alternate member serving in
the absence of any member. A quorum shall be required for the Commission to
take any action under the Code. All
voting members present shall vote on all decisions rendered under the Code.
The chairperson or a majority of the
members of the Commission may call a meeting.
No member or alternate member of the Commission
shall appear for, or represent, any person in any matter before the
Commission. No member or alternate
member of the Commission shall hear or decide a matter in which such member or
alternate member, directly or indirectly, has a beneficial interest. The issue of conflict of interest of a
particular member or alternate member of the Commission may be raised by any
member or alternate member of the Commission or by any party to a matter before
the Commission.
F. POWERS AND DUTIES:
F(1) THE COMMISSION SHALL:
(a.) make
each decision impartially, objectively, without political partisanship or
on
the
basis of any ideology, except that which is set forth in the Code.
(b.)
issue advisory opinions.
(c.)
interpret the Code.
(d.)
investigate and rule on complaints alleging any violation of the Code.
(e.) compile and maintain a record of all
complaints, reports, advisory opinions,
statements,
memoranda and other necessary documents.
(f.) submit annually, during the month of January,
an annual report, which
summarizes the
activities of the Commission to the electorate, which report
shall be
presented at a meeting of the Town Council. This annual report shall
include the
summation of complaints,
decisions, advisory opinions and
other
appropriate
information. This report shall be made
available to the public.
(g.) review the Code as necessary, but at least
every two (2) years, for possible
amendments.
(h.) provide education
and training pursuant to Sec. 2-60K.
F(2) THE COMMISSION MAY:
(a.)
adopt, after a public
hearing, additional rules and regulations not inconsistent
with the
Code, for the administration and application of the Code.
(b.)
employ necessary staff and engage outside assistance, including legal
counsel.
(c.) impose penalties pursuant to Sec. 2-61.
F(3) THE
INITIAL COMMISSION CHAIRPERSON SHALL:
(a.) acquire a post office box on behalf of the
Commission, keep and maintain the
key
to such post office box and pass the key directly on to the successor
Commission
chairperson.
G.
NOTICES:
All notices required under the Code, and
where otherwise required by law, shall be sent by certified mail, return
receipt requested, or hand-delivered with a certification of service.
H.
CORRESPONDENCE:
The mailing address of the Commission
shall be the designated post office box of the Commission. Correspondence shall be opened only by the
Commission chairperson or his designee, who shall also be a member or alternate
member of the Commission. All
correspondence shall be read by each member and each alternate member.
I.
ADVISORY OPINIONS:
The Commission, on its own initiative,
or at the request of any person, may issue an advisory opinion interpreting the
Code or applying any of the Code’s provisions to a given statement of
facts. An advisory opinion rendered by the Commission shall be considered
binding and a final decision of the Commission unless amended, revoked or
overruled by a court of competent jurisdiction.
Any advisory opinion
issued to a person and ruling in that person’s favor shall be a defense in any
complaint brought against that person concerning the subject matter of the
advisory opinion. An advisory opinion
shall be in writing and shall be a public document. All Commission meetings concerning an advisory opinion shall be open to the public.
J.
COMPLAINT PROCEDURE:
J(1) PRIVACY:
To the extent permitted by law, the
Commission shall make a good faith effort to protect each individual who is a
party to a complaint from an invasion of personal privacy with respect to
confidential information obtained in the course of the complaint. For purposes of the Code, the term “invasion
of personal privacy” has the meaning ascribed to it by the Connecticut Supreme
Court in Perkins v. Freedom of
Information Commission, 228 Conn. 158 (1993).
J(2) TIME LIMIT:
A complaint made under the Code shall be
received by the Commission within five (5) years from the date of the alleged
violation.
J(3)
WHO MAY MAKE A COMPLAINT:
- Any person.
- The Glastonbury Ethics Commission.
J(4) COMPLAINT INFORMATION:
Complaints:
Any person may contact the Commission
before submitting a complaint. A
complaint shall be submitted on a form prescribed by the Commission and signed
under penalty of
false
statement. All complaints shall
indicate the section(s) of the Code
which pertains to the alleged violation.
The complaint shall be
mailed or delivered to the chairperson of the Commission. The prescribed form for making a complaint
shall be readily available at the Town Clerk's office, the Town Hall Information
Center, Town libraries,
and on the Town’s website. Upon request,
such form shall also be mailed by the Commission’s chairperson to any person requesting such form.
Anonymous
Complaints:
Information may be given to the Commission from any person without disclosing his
identity. This information need not be
on the prescribed complaint form, however it shall be
in writing and indicate the section(s) of the Code which pertain to the alleged violation and submitted with
supporting documentation, if any.
No person shall take or threaten to take
any action against any person who makes a complaint or provides information to
the Commission.
J(5) PRELIMINARY REVIEW AND PRELIMINARY
INVESTIGATION:
Not later than ten (10) business days
after the receipt of a signed complaint,
the Commission shall provide
notice to the complainant, of
the receipt of such complaint,
by the Commission.
Upon receipt of a complaint, the
Commission shall undertake a preliminary review to determine whether the
complaint addresses a matter covered in the Code. If, based on such review, the Commission
determines that the complaint does address a matter covered in the Code, it shall investigate the complaint to determine
whether there are sufficient grounds to find probable cause of a violation.
If the Commission determines that there are
sufficient grounds to find that such probable cause does not exist, the
Commission shall dismiss the complaint forthwith and notify the complainant and
the respondent within ten (10) business days of dismissal. The Commission shall
dismiss a complaint within thirty (30) days after receipt of the
complaint. Extensions of time may be
taken for good cause.
If the Commission determines that there
are sufficient grounds to find probable cause of a violation, then within
thirty (30) days after so determining, the Commission shall assign a case
number, file the complaint in its own name and begin a formal investigation.
Extensions of time may be taken for good cause.
Except as provided in the Code, a preliminary
review and preliminary investigation shall be confidential and any allegation
or information obtained by the Commission shall not be publicly disclosed.
J(6) FORMAL INVESTIGATION AND HEARING PROCEDURE:
If the Commission determines there is probable
cause to warrant a formal investigation and consequently files a complaint,
whether initiated by a person or the Commission itself, the Commission shall
set a hearing date within sixty (60) days of such determination. The
complainant
and respondent shall be notified not less than forty five (45) days before such
hearing. At the start of the formal investigation and hearing procedure the
entire record of the investigation shall become public.
The hearing shall be open to the
public. Such hearing conducted by the
Commission shall be governed by Chapter 54 of the Connecticut General Statutes.
At the hearing, the complainant and the
respondent shall have the right to be represented by counsel at such party’s
own expense.
In the conduct of any investigation
under the Code, the Commission shall have the power to hold hearings,
administer oaths, examine witnesses, and require oral and documentary evidence,
including the power to issue necessary subpoenas. Such subpoenas may be enforced in
Superior Court in accordance with the provisions of Section 7-148h of the
Connecticut General Statutes.
J(7) FINDING AND DECISION OF THE COMMISSION:
J(7)(a.) FINDING OF A VIOLATION AFTER A FORMAL
INVESTIGATION AND
HEARING PROCEDURE:
The Commission shall make a finding of a
violation only after a concurring vote of at least four (4) of its voting
members. The Commission shall render a
Memorandum of Decision within five (5) business days after the termination of
the hearing and shall forward the Memorandum of Decision to the complainant and the respondent.
The Memorandum of Decision shall address
each itemized charge within the complaint,
summarize the issues and finding of facts pertaining to each charge, explain
the reasons for finding a violation of the Code and may impose penalties as set forth under Sec. 2-61
hereof.
The Commission shall file its Memorandum
of Decision, within ten (10) days, with the Town Council. The Commission shall also file its
memorandum of Decision with the Town Manager if the respondent is an employee
within the jurisdiction of the Town Manager.
The Commission shall also
file its Memorandum of Decision with the Superintendent of Schools and the
Board of Education if the respondent
is an employee within the jurisdiction of the Board of Education.
The Commission shall also
file its Memorandum of Decision with both the Town Manager and the contracting
agency if the respondent is a consultant, vendor or contractor.
J(7)(b.) FINDING OF NO VIOLATION AFTER A FORMAL
INVESTIGATION
AND HEARING
PROCEDURE:
The Commission shall make a finding of
no violation only after a concurring vote of at least four (4) of its voting
members. The Commission shall render a
Memorandum of Decision within five (5) business days after the termination of
the hearing and shall forward the Memorandum of Decision to the complainant and the respondent.
The Memorandum of Decision shall address
each itemized charge within the complaint, summarize the issues and finding of
facts pertaining to each charge and explain the reasons for finding no
violation of the Code.
The Commission shall file its Memorandum
of Decision, within ten (10) days, with the Town Council. If the respondent is an employee within jurisdiction of the
Town Manager the Commission shall also file its Memorandum of Decision with the
Town Manager. If the respondent is
an employee of the Board of
Education the Memorandum of Decision shall be filed with the Superintendent of
Schools and the Board of Education. If
the respondent is a consultant, vendor or contractor,
the Commission shall also file its Memorandum of Decision with both the Town
Manager and the contracting agency.
J(8) APPEAL PROCEDURE:
A respondent may appeal a finding of a
violation to the Superior Court for the Judicial District in which the Town is
located. Such appeal shall be filed with
the court within sixty (60) days of the mailing of the Memorandum of Decision.
K.
EDUCATION AND TRAINING:
The Commission
shall, as part of its education program, conduct training at least every two
(2) years with regard to the Code. Training shall be mandatory for all
officials and employees. The training
shall include but not be limited to:
- A detailed review of each Section of the Code.
- Hypothetical examples of possible “violations”
and possible “no violations” given where appropriate.
- Updates of new State laws
pertaining to ethics.
- Updates concerning any
amendments to the Code.
The
Town of Glastonbury
shall fund the education training for all officials and employees covered
by the Code.
Sec. 2-61
PENALTIES
Upon the finding of a violation, the
Commission, in its discretion, may impose any or all of the following
sanctions:
(1.) Censure.
(2.) Reprimand.
(3.) Removal or suspension from
appointed office.
(4.) Suspension or termination
from employment.
(5.) A civil fine of not more
than the maximum allowed under State law per violation.
(6.) Restitution for any
financial loss to the Town.
(7.) Restitution of any benefits
received by the respondent.
(8.) Termination or revocation of
any contract with the Town.
(9.) Debarment from entering into
any future contract or employment with the Town.
(10.)
Referral of information obtained or generated by the Commission to the
appropriate
authorities for
further civil action or criminal prosecution.
FORM
A.
AGREEMENT TO COMPLY WITH THE
GLASTONBURY
CODE OF ETHICS
It
is important that this Code be read and understood in its entirety.
______ Public Official
_____ Public Employee _____
Consultant, Vendor or Contractor
______________
Signature
of Person Covered by The Code Date
Print
Name
_____________________________________________ _______________
Witness (Supervisor, Human Resource
representative, Date
or
Town Manager)
_____________________________________________
Print
Name
_____________________________________________ _______________
Signature
of Interpreter or Person Explaining Date
(if applicable)
_____________________________________________
Print
Name
FORM B.
ANNUAL STATEMENT OF PERSONAL INTEREST
For Calendar Year: 20___
Due January 31, 20___
Disclosure Type: Check One
___Initial disclosure/new filer ___________________________________ Position/Title
___Annual ___________________________________ Department/Agency/Other
___Amendment ___________________________________ Full Name
(Last, First, Middle):
Address:
_____________________________________________________________________
Telephone Number:
Work__________ ext._____ Home(optional):______________________
E-mail address:_______________________
Attach
additional pages if necessary.
PRELIMINARY INFORMATION FOR CALENDER YEAR 20__:
1. Did
you have a beneficial interest (excluding all family members) in a business or
other enterprise which is not publicly traded and is located in or did business
with the Town of Glastonbury?
ÿ Yes ÿ No If yes, identify
the beneficial interest, business or other enterprise.
2.
Are you currently employed?
ÿ Yes ÿ No If yes, identify
your employer(s) and position(s).
3.
Were you employed in the last five (5) years?
ÿ Yes ÿ No If yes, identify
your employer(s) and position(s).
4. Did you have clients with a beneficial
interest in the Town of Glastonbury
or clients
that
did business with the Town of Glastonbury?
ÿ Yes ÿ No ÿ Don’t Know
If yes, identify the clients.
Page 2 - Annual Statement of Personal Interest
5. Did you have a
beneficial interest in a business or other enterprise that had leases or
contracts with the
Town of Glastonbury?
ÿ
Yes ÿ
No €
Don’t Know If
yes, identify the leases or contracts.
6. Did you owe debts of more than ten thousand
($10,000), excluding credit card debt, to
creditors doing business with the Town of Glastonbury?
ÿ
Yes ÿ
No € Don’t Know If yes, identify
the creditors.
7. Did you receive any reimbursement for
expenses aggregating more than fifty ($50)
dollars in a calendar year from any person
having a beneficial interest in any matter
before the Town of Glastonbury?
ÿ Yes ÿ No If yes, identify
the amount, source, expense and year.
8.
Did you own or have a beneficial
interest in real property located in the Town of
Glastonbury?
ÿ Yes ÿ No If yes, provide the street address and
Volume and Page of the Deed
for such
property.
9. Provide the name,
address, source and amount of the cash value of any
reimbursement for expenses aggregating more than fifty ($50)
dollars in the
reporting calendar year, if the source of such reimbursement
is a person having a
beneficial
interest
in a matter before the Town.
CERTIFICATION
I CERTIFY, under penalty of false
statement, that this Annual Statement
of Personal Interest, including any Addendum, is a complete and accurate
statement, for the calendar year 20__.
This form shall be filed with the Town
Clerk and a copy supplied to the Glastonbury
Ethics Commission.
__________________________________________ Date ________________
Signature
________________________________
Print
Name
__________________________________________ Date ________________
Witness
________________________________
Print
Name
FORM C.
DISCLOSURE OF CONFLICT OF
INTEREST
Any agent, who has a beneficial interest in any matter
before the Town, shall disclose
that interest and its exact nature orally at the time such interest may be
considered a conflict pursuant to Sec. 2-59B(2). Within five (5) business days of the oral
disclosure, such agent shall also complete and file this form with the Town
Clerk, submitting copies to the Glastonbury
Ethics Commission and to the appropriate party pursuant to Sec.2-59B.
Please
answer the following questions and attach additional sheets if necessary:
1. Provide a detailed
explanation of the nature of the conflict.
______________________________________________________________________________________________________________________________________________________________________________________________________________________________
2.
What section of the Glastonbury
Code of Ethics is related to the conflict?
_________________________________________________________________________
_________________________________________________________________________
3.
When and to whom was the conflict first orally disclosed pursuant to
Sec. 2-59B(2)?
_____________________________________ ___________________________
Date
Time
To Whom
Violation of the conflict of interest
provisions of the Glastonbury
Code of Ethics shall be grounds for imposition of penalties under the Code.
This Disclosure of Conflict of Interest Form, shall be attached, in its entirety, to the Annual
Statement of Personal Interest Form after such Statement of Personal Interest
is filed.
I understand that I am disqualified from
participating in any discussions, lobbying or voting on decisions or any
matters that are the subject of my conflict of interest.
Signed under penalty of false statement,
Print name
FORM D.
REQUEST FOR ADVISORY
OPINION
Each
agent who has a beneficial interest in any matter before the Town, shall
disclose that interest orally at the time the possible conflict arises pursuant
to Sec. 2-59B.
Any
person shall use this form to request an advisory opinion as to whether a
possible conflict of interest exists.
Please answer all of the following
questions and attach additional sheets if necessary:
1.
Please provide a detailed explanation of the nature of the possible
conflict.
__________________________________________________________________________
__________________________________________________________________________
2.
What section of the Glastonbury
Code of Ethics is related to the possible conflict?
3.
When did (date) the possible conflict of interest come to your
attention?
_________________________________________________________________________
I understand that an advisory opinion
shall be considered binding and a final decision of the Glastonbury Ethics Commission unless amended,
revoked or overruled by a court of competent jurisdiction.
Signed under penalty of false statement,
Print name
FORM E.
ANNUAL DISCLOSURE OF GIFTS
For Calendar Year 20___
Due January 31, 20___
Position/Title:
________________________________________
Department/Agency/Other:______________________________
Full Name (Last, First, Middle):
__________________________________________________________________________
Home Mailing (P.O. Box) Address:
__________________________________________________________________________
Preferred Mailing (P.O. Box) Address:
Telephone Number: Work __________________ ext. _______
Home (optional):
__________________________
E-mail Address:
___________________________
Page 2
– Annual Disclosure of Gifts
List gifts (acceptable and unacceptable)
totaling more than two hundred fifty ($250.00) dollars from or to any person
(excluding family members) involved in any contract or transaction with the
Town. Attach additional pages if necessary.
1. Acceptable Gifts:
Description
of Gift Source of Gift Value of Gift Date Received
Total Value of Acceptable Gifts
$______________
2. Unacceptable Gifts:
Description
of Gift Source of Gift Value of Gift Date Received
Total Value of Unacceptable Gifts $
___________
I CERTIFY, under penalty of false
statement that this Annual Disclosure
of Gifts, including any addendum, is a complete and accurate disclosure
of gifts during the calendar year 20__.
I UNDERSTAND that if I fail to file an
accurate disclosure by January 31 of each year for the preceding calendar year
I shall be subject to the penalties set forth in the Glastonbury Code of Ethics.
_________________________________________ Date ________________
Signature
_______________________________
Print
Name
_________________________________________ Date ________________
Witness
_______________________________
Print
Name
APPENDIX I
LIST OF SOURCE DOCUMENTS AND
RESOURCES
Individuals:
- Judge Glenn E. Knierim, Chair of Simsbury’s Board of Ethics and
Drafting Committee for Simsbury’s Code of
Ethics
- Mitchell W. Pearlman,
Executive Director and General Counsel, State of
Connecticut Freedom of Information
Commission
- Janet Spaulding-Ruddell, Glastonbury
Resident
U.S.:
The Freedom of Information Act
State of Connecticut:
Model Code CGS on
Oaths
Ethics Commission Raised Bill No.
5629 2002
Code of Ethics for Public Officials Raised Bill No. 579 2002
Code of Ethics for Lobbyists Raised Bill No. 5698 2002
The Freedom of Information Act Raised Bill No. 6594 2003
Town of Glastonbury:
Charter
Code (Town Ordinances) Division 2-41 through 2-62
Employee Handbook
Rules for Town Council
Oaths as administered presently
(Town Clerk)
Annual Report 2000 - 2001
Connecticut
Conference of Municipalities:
Questions and Answers on local
ethics
Other Codes
of Ethics:
California
Indiana
Marianna Islands
Ohio
State of Connecticut
Town Codes:
Ansonia Easton Meriden Orange
Berlin East Windsor Middletown Oxford
Brookfield Enfield Monroe Redding
Brooklyn Fairfield New Haven Rocky Hill
Burlington Greenwich Newington Seymour
Clinton Groton New London Shelton
Darien Hamden New Milford Simsbury
Derby Hartford North Haven Southington
East Hartford Manchester Old
Saybrook South Windsor
State of Connecticut
Town Codes Continued:
Stanford Trumbull Wethersfield Woodbridge
Stratford Vernon Windsor
Suffield
West Haven Wolcott
Other:
International Conference of
Municipalities Suggested Code of Ethics
Various private business Codes of
Ethics
Draft from Glastonbury Town
Manager
Common Cause
APPENDIX II
RELATED CODES AND LAW
GLASTONBURY
TOWN CHARTER
Section 1101 - Conflict of Interest
GLASTONBURY CODE OF ORDINANCES
Division 3, Section 2-56 through 2-62
(Implementation of Section 1101 of Charter)
CONNECTICUT GENERAL STATUTES
Section 7-148h Establishment and Power of Ethics Commissions
Section 7-148h(b) Conflict of Interest
Section 7-148(b)(10)A Authorizes Civil Penalties
Section
7-148(t) Conflict of Interest for members of land use and purchasing
commissions and boards.
Section 1-82 Complaints and Procedure
Section 8-11 and 8-21 Disqualification of Members of
Zoning Authorities
Section 1-19(b)(2) Freedom of Information
Section 9-369(b) Local questions and proposals
CASE LAW
182 Conn.
253; Town of Cheshire
v. McKenney
199 Conn.
231; Petrowski v. Norwich Free Academy
228 Conn. 158; Connecticut Supreme Court in Perkins v.
Freedom of Information Commission, 1993.
APPENDIX III
CHRONOLGY OF THE GLASTONBURY CODE OF
ETHICS
Approved by the Citizens Drafting Committee:
August 12, 2002.
Proposed Code Submitted to Town Council
Sub-Committee by the Citizens
Drafting Committee: August 21, 2002.
Proposed Code Presented to the Town
Council by the Citizens Drafting Committee:
November 12, 2002.
Proposed Code filed with Glastonbury Town
Clerk: May 5, 2003
Ordinance Petition Form approved by Town
Clerk: May 6, 2003
Ordinance Petition Certified by Town Clerk
to Town Council:
Ordinance Passed/Rejected by Town Council: