Legislation & Administration Standing Committee of the RTM Special Meeting Materials (linked)

Robert A, Avena
Raymond L. Buribesult, Fr
James P. Berryman
Michsel A. Blanchard
Eric W. Callahaa
Michael P. Carey
Richard S. Cody
Joka A. Collins, HL
Jearette M. Dostie
Biteen C. Duggan
Bryan P. Fieago
Yheodore W, Heleer
Jeffiey W. Hit
Carolyn P. Relly
Kristi. Kelly
Nicholis F. Keppte
Robert B. Kevile
Filia K. Milter,
Roger T. Scully
Robert G, Takes
Kyles. Zrenda
In Memoriam
Andrew 3. Brand
James F. Breansn,
James J. Courtney
L, Burick Gray, It
Michzel V. Sage
Matthew Shafer
Max M. Shepito
Charles 5. Suinaa
‘Thomas B. Wilson
Lauis C. Wool
Of Couasel
Hinds K. Kiramet
Jay B, Levin
Richard A. Schatz
Attorneys-At-Law
July 27, 2020
Via email: Thomas, j.dembek@dom.com
Thomas Dembek, Moderator
Representative Town Meeting
Town of Waterford
15 Rope Ferry Road
Waterford, CT 06385
RE:
Dear RTM Moderator Dembek:
On behalf of the Town Ethics Commission, please find attached a clean copy
of a proposed amended Ethics Code Ordinance along with a marked ‘revision’ copy of
the existing ordinance. Please assign this amended ordinance proposal to the
appropriate standing committee at the next RTM meeting in August for its
consideration.
Robert A. Avena
Town Attorney
RAA/pmn :
Enclosures me
cc: Dave Campo, Town Clerk “
on
oO
A Tradition of Innovative Solutions
Suisman, Shapire, Wool, Brennan, Gray & Greenberg, P.C.
2 Union Plaza, Suite 200 * P.O, Box 1591, New London, CT 06320
Phone 860-442-4416 ° Fax 860-442-0495 « www.suismanshapiro.com

Chapter 2.50 - ETHICS COMMISSION
2.50.010 - Preamble and declaration of policy and purpose.
A. Public office is a trust conferred by public authority for a public
purpose. The trust of the public is essential for government to
function effectively. Public policy mustbe based on honest and
fair deliberations and decisions. Policy development must be
free from threats, undue influence, and all forms of impropriety,
so that the confidence of the public is not eroded. By enacting
this code of ethics, the Town of Waterford seeks to maintain and
increase the confidence of our citizens in the integrity and
fairness of their government.
B. The proper operation of town government requires that all public
officials and town employees shall be impartial and responsive
to the public interest, that public office and employment should
not be used for personal gain or advantage, and that public
officials and town employees should not place themselves in
positions where private interest conflicts with public duty.
C. In recognition of these principles and pursuant to Sections 7-
148(c)(10)(B) and 7-148h of the Connecticut General Statutes,
there is established a code of ethics for all town public officials
and employees, whether elected or appointed, paid or unpaid.
(R.T.M, 6-1-92 (part))
(Amend. of 2-4-13(1)) -
2.50.020 - Definitions.
A. "Business with which they are associated" means any sole
proprietorship, partnership, firm, corporation, trust, or other
entity through which business for profit or not for profit is
conducted in which the public official or town employee or
member of their immediate family is a director, officer, owner,
limited or general partner, beneficiary of a trust, or holder of
stock constituting five percent or more of the total outstanding
stock of any class unless the public official or town employee,

‘or member of their immediate family is deemed to be associated
with a not-for-profit entity solely by virtue of the fact that they or
member of their immediate family is an unpaid director or officer
of the not-for-profit entity. "Officer" refers only to the president,
executive, senior vice president, or treasurer of such business.
B. "Gift" includes, but is not necessarily limited to, a payment,
subscription, advance, forbearance, rendering of service,
deposit of money, favorable treatment of consequence, or
anything of value that is directly and personally received. Gift
shall not include:
1. Apolitical contribution otherwise reported as required by law;
2. Services provided to support a political candidate or political
party without compensation by persons volunteering their
time;
3. A commercially reasonable loan made on terms not more
favorable than loans made in the ordinary course of
business; ,
4. Anything of value received because of a family or close
personal relationship with the donor;
5. A nonpecuniary gift, including food or beverage, not to
exceed $25.00 in value;
6. An award publicly presented in recognition of public service;
or
7. Any gift that would have been offered or given to the
individual regardless of the individual's status as a public
official or town employee.
C. "Immediate family" means dependent relatives who reside in the
household and any spouse, children, parents, parents-in-law,
siblings, and spouses of children.
D. "Individual" means a natural person.

E. "Town employee" means an individual working for salary or
wages from the town, including board of education employees,
whether on a part-time or full-time basis and whether the
position is reviewed by personnel review board or not, but does
not include the town attorney or any public official.
F. "Official act or action" means any legislative, administrative,
appointed, or discretionary act of any public official or town
employee or of any department, agency, board, committee, or
commission of the town.
G. "Person" means any individual, business, corporation, union,
association, firm, partnership, committee, club, or other
organization or group of persons.
H. "Public official" means any elected official, including members
of the board of education and board of selectmen; or any
individual, including the town attorney, appointed to any town ~
office, commission, agency, committee, board, or department
by the representative town meeting (R.T.M.), board of finance,
board of education, first selectman, or board of selectmen.
(R.T.M. 6-1-92 (part))
2.50.030 - Code of ethics.
A. A public official or town employee has an interest that is in
substantial conflict with the proper discharge of duties or
employment in the public interest and of responsibilities as
prescribed by the laws of this state if they have reason to believe
or expect that they, their immediate family, or a business with
which they are associated will derive a direct monetary gain or
suffer a direct monetary loss, as the case may be, by reason of
their official activity.
B. A public official or town employee does not have an interest that
is in substantial conflict with the proper discharge of duties in
the public interest and of responsibilities as prescribed by the
laws of this state if any benefit or detriment accrues to them,

their immediate family, or a business with which they are
associated as a member of a profession, occupation, or group
to no greater extent than any other member of such profession,
occupation, or group.
. Apublic official or town employee may not take official action on
any matter in which a substantial conflict (as defined in
subsection A of this section) exists. If the conflict is disclosed, a
public official or town employee may participate in discussions
with or give opinions or recommendations to a town board,
agency, commission, committee, department, or another public
official or town employee.
. Public officials and town employees shall refrain from using their
positions for personal gain and will keep confidential all
information not available to all citizens that is acquired by virtue
of their position in the town government.
. Public officials and town employees shall not request, permit, or
engage in the unauthorized use of town-owned vehicles,
equipment, materials, or property for personal convenience or
profit.
. Public officials and town employees shall not accept any gift that
might reasonably tend to influence the impartial discharge of
their official acts.
. No public official or town employee shall enter into any non-bid
contract with the town exceeding $500.00 or a series of non-bid
contracts exceeding $2,000.00 in any one year. Nothing
contained herein shall be construed to prevent any public official
- or town employee from submitting a competitive, sealed bid in
response to an invitation to bid from the town purchasing agent
or any commission, board, agency, or committee provided such
person does not violate subsection A of this section. Town
employee union contracts with the town are not subject to the
prohibition of this section. Employee contracts by nonunion
personnel are also not subject to the prohibition of this section.

H. No public official or town employee shall seek or grant any
special consideration, treatment, or advantage to any citizen
beyond that which is available to every other citizen. No town
employee shall seek any special consideration regarding the
employee's employment from any town employee or public
official. No town employee shall use the employee's position to
directly benefit any political party or candidate for public office.
(R.T.M. 6-1-92 (part)
2.50.040 - Establishment of an ethics commission and operating
procedures.
A. In accordance with the provision of Section 7-148h of the
Connecticut General Statutes, there is created an ethics
commission. This commission is empowered to investigate or to
cause to be investigated allegations levied against any town
board, agency, commission, committee, official, or employee of
unethical conduct, corrupting influence, or illegal activities.
Allegations of criminal misconduct or violations of the state
penal code shall be referred to the police department or State's
Attorney's office whenever such allegations come to the
attention of the commission, whether upon receipt of a
complaint or during the course of an_ investigation.
Notwithstanding provisions herein to the contrary, established
internal complaint procedures of any town board, agency,
commission, or committee, as such procedures may be
amended, shall take precedence over the procedures
established herein as to allegations levied against any town
employee of such board or commission. Complaints that fall
under the purview of an established complaint procedure of an
agency shall be referred to that agency for disposition. The
commission may issue subpoenas or subpoenas duces tecum,
enforceable upon application to the superior court, to compel
the attendance of persons at hearings and the production of

books, documents, records, and papers. The commission shall
not initiate investigations on its own volition.
. The commission shall be comprised of seven resident electors,
none of whom shall be town employees or public officials. Two
of the appointed members will be designated as alternates by
the representative town meeting (R.T.M.). All members shall be
appointed by majority vote of the R.T.M. No more than four
members shall be members of the same political party.
Appointments to the commission shall be for a term of two
years. Any regular member having served three consecutive
two-year terms shall be ineligible for reappointment to the
commission for a period of two years. For individuals filling a
vacancy, consecutive terms of service shall commence with the
beginning of the next appointment term. The two alternative
members may fully participate in all hearings and discussions
but may not vote unless a regular member steps aside or is not
present at the time of the vote.
. A quorum of four members shall be present in order for the
Commission to transact the business that comes before it.
. Notwithstanding the quorum requirement contained herein, no
more or less than five members shall ever vote on any decision
relative to a complaint that comes before the commission and,
to be eligible to vote, the members must have been in
- attendance at all meetings at which testimony was presented.
. Aperson will not be disqualified from serving on the commission
if a member of their immediate family is employed by the town
or by the Waterford board of education or is a public official.
However, if an accused person is an immediate family member
or an immediate family member's supervisor or employed in the
same department as an immediate family member, the
commission member will be disqualified from voting on that
particular matter. 
:

(R.T.M. 6-1-92 (part)
2.50.050 - Adoption of rules of procedure.
The commission shall adopt rules of procedure and regulations that
it deems necessary to carry out the intent of this chapter, and the
same and any amendments thereto shall be filed in the office of the
town clerk and be available for public inspection. The discussions
of the commission held in executive session are to be confidential.
The minutes of the commission are public information and, unless
confidential, will be made available to the public through the town
clerk's office.
(R.T.M. 6-1-92 (part)
2.50.060 - Advisory opinions.
A. The ethics commission shall issue advisory opinions with regard
to the requirements of the code of ethics of the town upon the
request of any public official or town employee. Advisory
opinions rendered by the commission, until amended or
revoked, shall be binding on the commission and shall be
deemed the final decisions of the commission.
B. Any advisory opinion concerning the public official or town
employee who requested the opinion and who acted in reliance
thereon, in good faith, shall be binding upon the commission. It
shall be an absolute defense in any action brought under the
provisions of the code of ethics (Section 2.50.030 of this code)
that the accused party acted in reliance upon such advisory
opinion, assuming there are no relevant facts of which the
commission was not aware when the opinion was rendered that
would change the opinion of the commission.
C. Each opinion of the ethics commission shall include a disclaimer
to the effect that the opinion may be different if different facts
are presented to the commission at a later date.
(R.T.M. 6-1-92 (part)

2.50.070 - Procedure for receiving and hearing complaints.
A. The commission shall receive complaints from any person of
alleged violation(s) of the code of ethics. Complaints received
by the commission must be in writing and signed and
acknowledged by the individual making the complaint before (1)
a judge of a court of record, (2) a clerk or deputy clerk of a court
having a seal, (3) a commission of deeds or town clerk, (4) a
notary public, (5) a justice of the peace, or (6) an attorney
admitted to the bar of this state. A town employee who discloses
illegal activities or unethical practices is protected by Section 31-
51m of the Connecticut General Statutes from discharge,
discipline, or other penalty unless the town employee knows the
reportis false. If the person makes a false statement, the person
shall be subject to fines under the provisions of Section 53a-157
of the Connecticut General Statutes. See the recommended
complaint form in the appendix at the end of the Code.
B. A complaint alleging a violation of the code of ethics shall be
confidential except upon the request of the respondent. The
subsequent evaluation of a possible violation of the code of
ethics by the commission shall be confidential except upon the
request of the respondent. If the evaluation is confidential, any
information supplied to or received from the commission shall
not be disclosed to any third party by the respondent, a person
contracted for the purpose of obtaining information, or a
commission, board or agency, or staff member. No provision of
this subsection shall prevent the ethics commission from
reporting the possible commission of a crime to the police
department or State's Attorney's office as appropriate.
C. An investigation conducted prior to a finding of probable cause
shall be confidential except upon the request of the respondent.
If the investigation is confidential, the allegations in the
complaint and any information supplied to or received from the
commission shall not be disclosed during the investigation to
any third party by a complainant; respondent; witness;

designated party; or board, commission, agency, or staff
member.
. Upon receiving a complaint of an alleged violation of the code
of ethics, the commission shall, within seven days, notify the
respondent in writing, advising the respondent of the specific
nature of the complaint made and being investigated by the
commission, and enclosing therewith a copy of the complaint.
_ The respondent shall have the right to file a response within 10
days after receipt of the notice of complaint. After notifying the
respondent, the commission shall make a_ preliminary
investigation of the validity of the complaint including interviews
or discussions with the complainant, town personnel, or
members of other public or private agencies. The preliminary
investigation shall be completed within 90 days after notifying
the respondent unless the commission notifies the complainant
and the respondent in writing that additional time is required.
Any person interviewed by the commission during its
investigation shall be entitled to representation by a union
representative (where applicable) or an attorney, or both, at any
meeting or inquiry during which the person may be subject to an
investigatory interview.
. Not later than three business days after the termination of the
investigation, the commission shall inform the complainant and
the respondent and, at the discretion of the commission, the
respondent's appointing authority or elected body, of its opinion
as to probable cause and provide them a summary of its
reasons for forming that opinion. Upon the respondent's
request, the commission shall announce its opinion and may
also announce a summary of its reason for forming such
opinion. Such an announcement shall be made, at a minimum,
on the town website.
. If the commission finds no probable cause for such complaint,
the commission shall dismiss the complaint. In that event the
complaint and the record of its investigation shall remain

confidential, except upon the request of the respondent and
except that some or all of the record may be used in subsequent
proceedings. No complainant; respondent; witness; designated.
party; or commission, board, agency, or staff member: shall
disclose to any third party any information learned from the
investigation, including knowledge of the existence of a
complaint which the disclosing party would not otherwise have
known. If such a disclosure is made, the commission may, after
consultation with the respondent if the respondent is not the
source of the disclosure, announce its opinion and a summary
of its reasons. Such an announcement shall be made, at a
minimum, on the town website.
. The commission shall make public an opinion of probable cause
not later than five business days after the termination of the
investigation. At such time the entire record of the investigation
shall become public, except that the commission may postpone
examination or release of such public records for a period not to
exceed 14 days for the purpose of reaching a stipulation
agreement pursuant to subsection (c) of Section 4-177 of the
Connecticut General Statutes.
. Within 10 days after receipt of notice of an opinion of probable
cause, the respondent may waive the right of a hearing by the
commission. If a hearing is not waived, it shall be convened
within 30 days of the date of giving notice of probable cause to
the complainant and respondent. If a hearing is held, the hearing
shall be recorded and a written transcript made of said hearing.
. In the event a hearing is held, the respondent shall have the
right to counsel; to the presence of a union representative, if
requested; to confrontation of all witnesses to cross
examination; and to present evidence. The hearing shall be
open. No hearing shall be conducted with less than five
members of the commission in attendance.

J. The mailing address of the ethics commission shall be Ethics
Commission, Town Clerk's Office, 15 Rope Ferry Road,
Waterford, Connecticut 06385-2886.
(R.T.M. 2-2-98 (part): R.T.M. 6-1-92 (part))
2.50.080 - Notice of hearing and decision.
A. All notices required under this chapter shall be sent to the
complainant and the respondent by registered or certified mail,
return receipt requested.
B. In the event a hearing is held, the commission shall render a
decision within 10 business days of the final day of the hearing.
In the event no hearing is held, the commission shall render a
decision within 30 days of the receipt of the waiver-of-hearing
from the respondent.
(R.T.M. 2-2-98 (part): R.T.M. 6-1-92 (part)
2.50.090 - Report of findings and opinions and recommendations.
A. The ethics commission shall make its report as to a violation of
the code of ethics in the form of findings, opinions, and
recommendations. Depending on the severity of the violation,
the ethics commission's recommendations may include
reprimand, suspension, dismissal, or resignation from office.
B. If requested by the respondent and prior to submission of its
report, the commission shall state its findings and opinions and
recommendations in the respondent's presence in executive
session.
C. The commission shall submit its report to the board,
commission, or agency to which the respondent is responsible
and to the representative town meeting should the respondent
be an elected official or an R.T.M. appointee.
D. The person or governmental body receiving the report shall
consider the findings and opinions and recommendations of the

ethics commission in deciding the disposition to be made of the
ethics complaint.
. The person or governmental body receiving the report shall
determine the disposition of the ethics complaint and notify the
respondent orally immediately and in writing by certified mail
within 30 days of the receipt of the report from the commission.
. The person or governmental body receiving the report shall also
report back to the ethics commission the decided findings and
disposition in writing within 30 days of the receipt of the report
from the commission.
. lf the respondent is a member of a town employee bargaining
unit or board of education employee bargaining unit, the
grievance procedures outlined in the bargaining unit’s contracts
shall take precedence over other procedures outlined in this
chapter.
(R.T.M. 2-2-98 (part): R.T.M. 2-7-94 § Il; R.T.M. 6-1-92 (part))
2.50.100 - Finances and compensation.
A. The financial needs of the commission shall be funded in the
same manner as those of other town boards and commissions
listed in the Town of Waterford Code of Ordinances (Section
2.24.010).
. The members of the ethics commission shall receive no
compensation for their services as such but shall be reimbursed
for their necessary expenses incurred in the performance of
their duties.
(R.T.M. 2-5-03 (part); R.T.M. 6-1-92 (part)
2.50.110 - Effective date and reports.
A. The ordinance codified in this chapter and any amendments
thereto will be effective 30 days after publication in a newspaper
regularly distributed in Waterford.

B. In the event any provision of this chapter is contradictory to any
provision of a contract negotiated by an organized bargaining
unit, the provisions of such contract shall prevail.
C. In the event any provision of this chapter (other than provisions
rendered ineffective as to particular employees by reason of
subsection B of this section) is contradictory to any provision of
the conflict of interest provisions of the Town of Waterford Code
of Ordinances (Section 2.08.050), the provisions of this chapter
shall prevail.
D. By September 15th of each year, the ethics commission shall
prepare and submit to the board of selectmen and to the R.T.M.
an annual report of its actions and recommendations from the
preceding fiscal year. Additional reports and recommendations
may be submitted by the commission to the board of selectmen
and the R.T.M. at any time.
(R.T.M. 2-2-98 (part): R.T.M. 6-1-92 (part)
2,50.120 - Distribution of the code of ethics.
The town clerk shall cause a copy of this code of ethics and any
amendments thereto to be distributed to every public official and
town employee within 30 days after the enactment of this code of
ethics. Each public official and town employee elected, appointed,
or engaged thereafter shail be furnished a copy before entering
upon the duties of the office or employment. Not receiving a copy
of this chapter or any amendments thereto or not signing a receipt
therefor does not exempt a public official or town employee from
the provisions of the code of ethics.
(R.T.M. 2-2-98 (part): R.T.M. 6-1-92 (part))

‘Teen of
Watertord
CONNECTICUT
Complaint of Violation of Code of Ethics
This completed form shall be filed with the Waterford Town Clerk’s office — 15 Rope Ferry Rd-Waterford, CT
06385.
Please answer the following questions below and attach additional sheets if necessary:
1 Identify the person who is alleged to have violated the Ethics Code.
Name:
Title or Position:
2. Specific Code of Ethics Violation:
(Contact Town Clerk for a hard copy of the Ethics Code or visit https://www.waterfordct.org/)
3. “Provide a detailed explanation of the nature of the violation. Include dates, places and corroborating
witnesses or documents, if any.
Signed by: Signature: Date:
Print Name:
Address:
Email:
Telephone:
So acknowledged this day of before me:
Witnessed by: Signature:
Print Name:
Position:
Witness must be (1) a judge of a court of record, (2) a clerk or deputy clerk of a court having a seal, (3) a
cammission of deeds or town clerk, (4) a notary public, (5) a justice of the peace, or (6) an attorney admitted to the
bar of this state.

A. —The ordinance codified in this chapter and any amendments
thereto will be effective thirty-30 days after publication in a
newspaper regularly distributed in Waterford.
B. —In the event any provision of this chapter is contradictory to
any provision of a contract negotiated by an organized
bargaining unit, the provisions of such contract shall prevail.
C.—In the event any provision of this chapter (other than
provisions rendered ineffective as to particular employees by
reason of subsection B of this section) is contradictory to any
provision of the conflict of interest provisions of the Town of
Waterford Code of Ordinances (Section 2.08.050), the
provisions of this chapter shall prevail.
D. -—By September 15th of each year, the ethics commission shall
prepare and submit to the board of selectmen and to the R.T.M.
an annual report of its actions and recommendations fromduring
the preceding fiscal year, and-its-recommenda-tions_Additional
reports and recommendations may be submitted by the
commission to the board of selectmen and the R.T.M. at any
time.
(R.T.M. 2-2-98 (part): R.T.M. 6-1-92 (part)
2.50.120 - Distribution of the code of ethics.
The town clerk shall cause a copy of this code of ethics and any
amendments thereto to be distributed to every public official and
town employee within thirty-30 days after the enactment of this
code of ethics. Each public official and town employee elected,
appointed, or engaged thereafter shall be furnished a copy before
entering upon the duties of the office or employment. Not
receiving a copy of this chapter or any amendments thereto or not
signing a receipt therefor does not exempt a public official or town
employee from the provisions of the code of ethics.
(R.T.M. 2-2-98 (part): R.T.M. 6-1-92 (part))

E.
Pe
_—The person or governmental body receiving the report shall
consider the findings and opinions and recommendations of the
ethics commission in deciding the disposition to be made of the
ethics complaint.
_~—The person or governmental body receiving the report shall
determine the disposition of the ethics complaint and notify the
respondent orally immediately and in writing by certified mail
within thirty-30 days of the receipt of the report from the
commission. .
---The person or governmental body receiving the report shall
also report back to the ethics commission the decided findings
and depesition-disposition in writing within thirty-30 days of the
receipt of the report from the commission.
G. --—If the respondent is a member of a town employee bargaining
unit or board of education employee bargaining unit, the
grievance procedures outlined in the bargaining units—unit's
contracts shall take precedence over other procedures outlined
in this chapter.
(R.T.M. 2-2-98 (part): R.T.M. 2-7-94 § Il; R.T.M. 6-1-92 (part)
2.50.100 - Finances and compensation.
A.
B.
-——The financial needs of the commission shall be funded in the
same manner as those of other town boards and commissions
listed in the Town of Waterford Code of Ordinances (Section
2.24.010).
_—-The members of the ethics commission shall receive no
compensation for their services as such, but shall be reimbursed
for their necessary expenses incurred in the performance of
their duties.
(R.T.M. 2-5-03 (part); R.T.M. 6-1-92 (part))
2.50.110 - Effective date and reports.

J. —The mailing address of the ethics commission shall be: Ethics
Commission, Town Clerk's Office, 15 Rope Ferry Road,
Waterford, Connecticut 06385-28386.
(R.T.M. 2-2-98 (part): R.T.M. 6-1-92 (part)
2.50.080 - Notice of hearing and decision.
A. —--All notices required under this chapter shall be sent to the
complainant and the respondent by registered or certified mail,
return receipt requested.
B. —In the event a hearing is held, the commission shall render a
decision within tes—10 business days of the final day of the
hearing. In the event no hearing is held, the commission shall
render a decision within thirty-30_ days of the receipt of the
waiver-of-hearing from the respondent.
(R.T.M. 2-2-98 (part): R.T.M. 6-1-92 (part)
2.50.090 - Report of findings and opinions and recommendations.
A. ——The ethics commission shall make its report as to a violation
of the code of ethics in the form of findings, opinions, and
recommendations. Depending on the severity of the violation,
the ethics commission's recommendations may include
reprimand, suspension, dismissal, or resignation from office.
B. -—If requested by the respondent and prior to publicly reporting
its-findings-and-opinions- and recommendationssubmission of its
report, the commission shall state its findings and opinions and
recommendations in the respondent's presence in executive
session.
C, —The commission shall submit its report-ts-findings-asto-a
Violation-of-the-code_of ethics, together with-iis-opiniens-and
findings to the board, commission, or agency to which the
respondent is responsible and to, the representative town
meeting should the respondent be an elected official or an
R.T.M. appointee.

subsequent proceedings. No complainant;; respondent,
witness:; designated party;; or commission, board, or-agency,
or staff member shall disclose to any third party any information
learned from the investigation, including knowledge of the
existence of a complaint which the disclosing party would not
otherwise have known. If such a disclosure is made, the
commission may, after consultation with the respondent if the
respondent is. not the source of the disclosure, publish
announce its opinion and a summary of its reasons—therefer.
Such an announcement shall be mace, at a minimum, on the
G. -—The commission shall make public an opinion of probable
cause not later than five business days after the termination of
the investigation. At such time the entire record of the
investigation shall become public, except that the commission
may postpone examination or release of such public records for
a period not to exceed fourteen-14 days for the purpose of
reaching a stipulation agreement pursuant to subsection (c) of
Section 4-177 of the Connecticut General Statutes.
H. —-Within ten—10_days after receipt of notice of an opinion of
probable cause, the respondent may waive the right of a hearing
by the commission. If a hearing is not waived, it shall be
convened within thirty-30 days of the date of giving notice of
probable cause to the complainant and respondent. If a hearing
is held, the hearing shall be recorded and a written transcript
made of said hearing.
|. ——In the event a hearing is held, the respondent shall have the
right to counsel;; to the presence of a union representative, if
requested;; to confrontation of all witnesses to cross
examination; and to present evidence. The hearing shall be
open. No hearing shall be conducted with less than five
members of the commission in attendance.

D. ---Upon receiving a complaint of an alleged violation of the code
of ethics, the commission shall, within seven days, notify in
weiting-the respondent in writing, advising the respondent of the
specific nature of the complaint made and being investigated by
the commission, and enclosing therewith a copy of the
complaint. The respondent shall have the right to file a response
within ten-10 days after receipt of the notice of complaint. After
notifying the respondent, the commission shall make a
preliminary investigation of the validity of the complaint including
interviews or discussions with the complainant, town personnel,
or members of other public or private agencies. The preliminary
investigation shall be completed within rinety-90_ days after
notifying the respondent unless the commission notifies the
complainant and the respondent in writing that additional time is
required. Any person interviewed by the commission during its
investigation shall be entitled to representation by a union
representative (where applicable) or an attorney, or both, at any
meeting or inquiry during which the person may be subject to_an
interrogationinvestigatory interview.
E. -—-Not later than three business days after the termination of the
investigation, the commission shall inform the complainant and
the respondent and, at the discretion of the commission, the
respondent's appointing authority or elected body, of its opinion
as to probable cause and provide them a summary of its
reasons for forming that opinion. Upon the respondent's
request, the commission shall publish-announce its opinion and
may also publish-announce a summary of its reason for forming
such opinion. Such an announcernent shall be made, ata
minimum, on the town website.
F.—f the commission finds no probable cause for such
complaint, the commission shall dismiss the complaint. In that
event the complaint and the record of its investigation shall
remain confidential, except upon the request of the respondent
and except that some or all of the record may be used in

clerk of a court having a seal,; (3) a commission of deeds or
town clerk,; (4) a notary public,; (5) a justice of the peace,; (6)
or (6) an attorney admitted to the bar of this state. A town
employee who discloses illegal activities or unethical practices
is protected by Section 31-51m of the Connecticut General
Statutes from discharge, discipline, or other penalty unless the
town employee knows the report is false. If the person makes a
false statement, the person shall be subject to fines under the
provisions of Section 53a-157 of the Connecticut General
Statutes. See the recommended complaint form in the appendix
at the end of the Code.
A. Unlose the commission-makes a finding-of probable-cause,A
a complaint alleging a violation of the code of ethics shall be
confidential except upon the request of the respondent. The
subsequent A-commissien-evaluation of a possible violation of
the code of ethics priectothe—tiling of an-_opinien—by the
commission shall be confidential except upon the request of the
respondentsubject—of_the—evaluation. If the evaluation is
confidential, any information supplied to or received from the
commission shall not be disclosed to any third party by_-the
respondenta subject of the-evaluation, a person contracted for
the purpose of obtaining information, -or_—-py-a commission,
board or agency, or staff member. No provision of this
subsection shall prevent the ethics commission from reporting
the possible commission of a crime to the police department or
State's Attorney's office as appropriate.
C.—-An investigation conducted prior to a finding of probable
cause finding-shall be confidential except upon the request of
the respondent. If the investigation is confidential, the
allegations in the complaint and any information supplied to or
received from the commission shall not be disclosed during the
investigation to any third party by a complainant;; respondent;
witness:, designated party;; or board, commission, eragency.
or staff member.

discussions of the commission held in executive session are to be
confidential. The minutes of the commission are public information
and, unless confidential, will be made available to the public
through the town clerk's office.
(R.T.M. 6-1-92 (part))
2.50.060 - Advisory opinions.
A.—-The ethics commission shall issue advisory opinions with
regard to the requirements of the code of ethics of the town upon
the request of any public official or town employee. Advisory
opinions rendered by the commission, until amended or
revoked, shall be binding on the commission and shall be
deemed the final decisions of the commission.
_—Any advisory opinion concerning the public official or town
employee who requested the opinion and who acted in reliance
thereon, in good faith, shall be binding upon the commission.
aned-lit shall be an absolute defense in any action brought under
the provisions of the code of ethics (Section 2.50.030 of this
code) that the accused party acted in reliance upon such
advisory opinion, assuming there are no relevant facts of which
the commission was not aware when the opinion was rendered
that would change the opinion of the commission.
.——Each opinion of the ethics commission shail include a
disclaimer to the effect that the opinion may be different if
different facts are presented to the commission at a later date.
(R.T.M. 6-1-92 (part)
2.50.070 ~ Procedure for receiving and hearing complaints.
A...—-The commission shall receive complaints from any person of
any-alleged violation(s) of the code of ethics. Any-Ceomplaints
received by the commission must be in writing and signed under
eathand acknowledged by the individual making. the complaint
and-before (1) a judge of a court of record,: (2) a clerk or deputy ~

C.
alternates_shall_be-appeinted_for-aterm- of twe-years-and-one
shall_be—appointed_for_aterm—of-one—year-—All subsequent
aAppointments to the commission shall be for a term of two
years. Any regular member having served three consecutive
two-year terms shall be ineligible for reappointment to the
commission for a period of two years. For individuals filling a
vacancy, consecutive terms of service shall commence with the
beginning of the next appointment term. The two alternative
members may fully participate in all hearings and discussions
but may not vote unless a regular member steps aside or is not
present at the time of the vote.
A quorum of four members shall be present _in_order for the
D.
Coramission to transact the business that comes before it.
more or less than five members shall ever vote on any decision
relative to a complaint that comes before ofthe commission and,
to be eligible to vote, the members must have been in
attendance at all meetings at which testimony was presented.
E. A person will not be disqualified from serving on the commission
if a member of his-their immediate family is employed by the
town or by the Waterford board of education or is a public
official; howeverHowever, if an accused person is an
immediate family member or an immediate family member's
supervisor or employed in the same department as an member
of his-immediate family member, the commission member will
be disqualified from voting on that particular matter.
(R.T.M. 6-1-92 (part)
2.50.050 - Adoption of rules of procedure.
The commission shall adopt rules of procedure and regulations
which-that it deems necessary to carry out the intent of this chapter,
and the same and any amendments thereto shall be filed in the
office of the town clerk and be available for public inspection. The

2.50.040 - Establishment of an ethics commission_and operating
procedures.;
A. In accordance with the provision of Section 7-148h of the
Connecticut General Statutes, there is created an ethics
commission. This commission is empowered to investigate or fo
cause to be investigated allegations levied against any town
board, agency, commission, committee, official, or employee of
unethical conduct, corrupting influence, or illegal activities.
Allegations of criminal misconduct or violations of the state
penal code shall be referred to the police department or State's
Attorney's office whenever such allegations come to the
attention of the commission, whether upon receipt of a
complaint or during the course of an_ investigation.
Notwithstanding provisions herein to the contrary, established
internal complaint procedures of any town board, agency,
commission, or committee, as such procedures may be
amended, shall take precedence over the procedures
established herein as to allegations levied against any town
employee of such board or commission. Complaints which-that
fall under the purview of an established complaint procedure of
an agency shall be referred to that agency for disposition. The
commission may issue subpoenas or subpoenas duces tecum,
enforceable upon application to the superior court, to compel
the attendance of persons at hearings and the production of
books, documents, records, and papers. The commission shall
not initiate investigations on its own volition.
B. The commission shall be comprised of seven resident electors,
7 none of whom shall be town employees or public officials. Two
of the appointed members will be designated as alternates by
the representative town meeting (R.T.M.). All members shall be
appointed by majority vote of the R.T.M. No more than four
members shall be members of the same political party. Othe
five mempbersinitialhappeinted three-shall be-appointed fora
term-_oftwo-years-andtweferaterm ofene-yearOne olthe

GD. ——Public officials and town employees shall refrain from using
their positions for personal gain and will keep confidential all
information not available to all citizens that is acquired by virtue
of their position in the town government.
DE. ---Public officials and town employees shall not request,
permit, or engage in the unauthorized use of town-owned
vehicles, equipment, materials, or property for personal
convenience or profit.
£F. ——Public officials and town employees shall not accept any
gift fromthe public-whichthat might reasonably tend to influence
the impartial discharge of their official acts.
EG. -——No public official or town employee shall enter into any non-
bid contract with the town exceeding _ five—hbundred
dollars$500.00 or a series of non-bid contracts exceeding twve
thousand-dellars$2,000.00 in any one year. Nothing contained
herein shall be construed to prevent any public official or town
employee from submitting a competitive, sealed bid in response
to an invitation to bid from the town purchasing agent or any
commission, board, agency, or committee provided such person
does not violate subsection A of this section. Town employee
union contracts with the town are not subject to the prohibition
of this section. Employee contracts by nonunion personnel are
also not subject to the prohibition of this section.
GH. —~-No public official or town employee shall seek or grant any
special consideration, treatment, or advantage to any citizen
beyond that which is available to every other citizen. No town
employee shall seek any special consideration regarding the
employee's employment from any town employee or public
official. No town employee shall use the employee's position to
directly benefit any political party or candidate for public office.
(R.T.M. 6-1-92 (part))

town office, commission, agency, committee, board, or
department by the representative town meeting (R.T.M.), board
of finance, board of education, the-first selectman, or board of
selectmen.
(R.T.M. 6-1-92 (part))
2,50.030 - Code of ethics.
A. —~A public official or town employee has an interest which-that
is in substantial conflict with the proper discharge of duties or
employment in the public interest and of responsibilities as
prescribed by the laws of this state; if they havethe public official
or-tewn-empleyee-has reason to believe or expect that the-public
official ortewn-employee,-his spouse ora-dependent child they,
their immediate family, or a business with which Ae4sthey are
associated, will derive a direct monetary gain or suffer a direct
monetary loss, as the case may be, by reason of the-public
official ertown-employee'stheir official activity.
B. The-A public official or town employee does not have an interest
which-that is in substantial conflict with the proper discharge of
duties in the public interest and of responsibilities as prescribed
by the laws of this state, if any benefit or detriment accrues to
the-public_official or_town-employeethem, his--their immediate
family, or a business with which he-they erhis-immediate- family
isare associated as a member of a profession, occupation, or
group to no greater extent than any other member of such
profession, occupation, or group.
BC. -—~A public official or town employee may not take official
action on any matter where-in_ which_a substantial conflict (as
defined in subsection A of this section) exists. If the conflict is
disclosed, a public official or town employee may participate in
discussions with or give opinions or recommendations to a town
board, agency, commission, committee, department, or another
public official or town employee.

4, Anything of value received because of a family or close
personal relationship with the donor,
5.-_-Food-or- beverage-or-both,consumedona-single occasion;
the-costobwhichistiess-thantitty-dollars-perperson
5.6. —An-oceasionalA nonpecuniary gift, including food or
beverage, —iasignificaat-in-value-not to exceed $25.00 in
value:
6%.___ —-An award publicly presented in recognition of public
service; or
78.___ —Any gift which-that would have been offered or given
to the individual regardless of the individual's status as a
public official or town employee.
C. —"Immediate family" means dependent relatives who reside in
the household and any spouse, children, parents, parents-in-
law, siblings, and spouses of children.
D. —"Individual" means a natural person.
E. ——-"Town employee" means an individual working for salary or
wages from the town, including board of education employees,
whether on a part-time or full-time basis and whether the
position is reviewed by personnel review board or not, but does
not include the town attorney or any public official.
._—"Official act or action” means any legislative, administrative,
appointed, or discretionary act of any public official or town
employee or of any department, agency, board, committee, or
commission of the town.
G, —"Person" means any individual, business, corporation, union,
association, firm, partnership, committee, club, or other
organization or group of persons.
.—"Public official" means any elected official, including
members of the board of education and board of selectmen; or;
any individual, including the town attorney, appointed to any

(Amend, of 2-4-13(1))
2.50.020 - Definitions.
A. --~"Business with which heisthey_are associated" means any
sole proprietorship, partnership, firm, corporation, trust, or other
entity through which business for profit or not-for profit is
conducted in which the public official or town employee or
member of their his-immediate family is a director, officer,
owner, limited or general partner, beneficiary of a trust, or holder
of stock constituting five percent or more of the total outstanding
stock of any class;-previded_a_unless the public official or town
employee, or member of his-their immediate family_—shall-ret
beis deemed to be associated with a not-for-profit entity solely
by virtue of the fact that the-public official ortewn employeethey
or member of his-their immediate family is an unpaid director or
officer of the not-for-profit entity. "Officer" refers only to the
president, executive, er-senior vice president, or treasurer of
such business.
B. —"Gift" includes, but is not necessarily limited to, means—a
payment, subscription, advance, forbearance, rendering of
service, deposit of money, favorable treatment of consequence,
or anything of value_-whichthat is. directly and personally
received.- unless-consideration of equator greatervalueis-given
in-returnGift shall not include:
1._—A political contribution otherwise reported as required by
law;
2. —~Services provided to support a political candidate or
political party without compensation by persons volunteering
their time;
3. —-A commercially reasonable loan made on terms not more
favorable than loans made in the ordinary course of
business;

Chapter 2.50 - ETHICS COMMISSION
2.50.010 - Preamble and declaration of policy and purpose.
A. -~Public office is a ptiblic-trust. conferred by public authority for
a public purpose. The trust of the public is essential for
government to function effectively. Public policy developed_by
goveramentofficials and employees-affects_every-citizen-of the
paunicipality,—and—it-must be based on honest and_ fair
deliberations and decisions. Policy development This-process
must be free from threats, undue influence, and all forms of
impropriety, so that the confidence of the public is not eroded.
By enacting this code of ethics, the Town of Waterford seeks to
aveid-any-less--of--trust-and_toa_maintain and increase the
confidence of our citizens in the integrity and fairness of their
government.
B. —The proper operation of the-town government of thetown
requires that all public officials -and town employeeswhether
elected—orappointedpaid_ortimpaic, shall be impartial and
responsive to the public interest