Representative Town Meeting Regular Meeting Materials (linked)

We) PHONE: 860-442-0553
www.waterfordct.org
FIFTEEN ROPE FERRY ROAD &,
WATERFORD, CT 06385-2886
AGEND.
REPRESENTATIVE TOWN MEETING
REGULAR MEETING
Monday, February 1, 2021, 7:00pm — Waterford Town Hall Via ZOOM only
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Pledge of Allegiance ae)
Roll Call =
To consider and act upon the minutes of the December 7, 2021 Regular Meeting
and the January 4, 2020 Special Meeting. =
Correspondence
Public Comment
Committee reports and referrals
Appointee & Liaison updates
Transaction of Business on the Call;
1. Presentation by Director of Fire Services Bruce Miller in regard to the
recently enacted Stipend Program.
2. To consider and act upon a recommendation from the Public Health,
Recreation & Environment Standing Committee and from the Parks and
Recreation Commission, pending its January 26, 2021 meeting, to
approve proposed Waterford Town Beach parking fees.
3. To consider and act upon the budget schedule for the May 2021, budget
hearings for Fiscal Year 2022 Budget.
4. To consider and act upon two regular member appointments to the Ethics
Commission. (Term 02/01/2021 — 02/06/2023)
5. To consider and act upon an alternate member appointment to the Ethics
Commission (Term 02/01/2021 — 02/06/2023)
I. New Business
J. Adjournment
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rammo

FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.walerfordctorg
MINUTES
REPRESENTATIVE TOWN MEETING
ZOOM Access Only ~ Waterford Town Hall
Special Meeting
January 4, 2024
The January 4, 2021, Special Meeting of the Representative Town Meeting was called to order at 7:00
P.M. by Moderator Thomas Dembek,
ROLL CALL
PRESENT: Greg Attanasio, Jennifer Bracclale, April Cairns, Thomas J. Dembek, Susan Driscoll, Timothy
Fioravanti, Miriam Furey-Wagner, Nick Gauthier, Paul Goldstein, David Lersch, Valerie Metivier, Richard
Morgan, Richard Muckle, Liam O'Leary (7:12 P.M.), Theodore Olynciw, Sally Ritchie, Michael Rocchetti,
Danielle Steward-Gelinas, Robert Swansen, Baird Welch-Collins.
ABSENT: Mike Bono, Timothy Condon, Steve Elci, Kathleen Kohl.
EX-OFFICIO MEMBERS PRESENT: First Selectman Robert Brule; Chair of the Board of Education Craig
Merriman; Chair of the Board of Finance Ronald R. Fedor.
EX-OFFICIO MEMBERS ABSENT: Selectwoman Jody Nazarchyk; Selectman Elizabeth Sabilia.
ALSO PRESENT: Town Clerk David L. Campo; Town Attorney Robert Avena.
AGENDA ITEM D ~ CORRESPONDENCE
NONE
CALL ITEM 1 — Executive Session
MOTION by Baird Welch-Collins to discuss strategy and/or negotiations with respect to collective
bargatning units in executive session, said action to be taken without prejudice to the Representative
Town Meeting’s right to discuss said matters in a private meeting pursuant to Connecticut Statute § 1-
200.
MOTION withdrawn.
MOTION by Muckle, seconded by Driscoll, to discuss strategy and/or negotiations with respect to
collective bargaining units in executive session, said action to be taken without prejudice to the
Representative Town Meeting’s right to discuss said matters in a private meeting pursuant to
Connecticut Statute § 1-200 at 7:09 P.M. and to invite Superintendent of Schools Thomas Glard,
Assistant Superintendent of Schools Craig Powers, and BOE Director of Finance Joseph Mancini to
attend,
VOTING IN FAVOR: Unanimous
MOTION by Muckle, seconded by Rocchetti, to include First Selectman Robert Brule as an invited guest,
VOTING IN FAVOR: Unanimous with one member against. (Driscofl}

MOTION by Weich-Collins, seconded by Muckle, to come out of executive session with no votes taken at
7:45 P.M.
VOTING IN FAVOR: Unanimous
Driscoll was unavailable after the executive session.
CALL ITEM 2 ~ BOE and Waterford Administrators’ and Supervisors’ Association
MOTION by Gauthier, seconded by Muckle, to approve an agreement between the Waterford Board of
Education and the Waterford Administrators’ and Supervisors’ Association for July 1, 2021 through June
30, 2022 and to request the funding thereof, pursuant to Connecticut General Statute §10-153d pending
finalization of contract.
VOTING IN FAVOR: Attanasio, Dembek, Fioravanti, Furey-Wagner, Gauthier, Ritchie, Welch-Collins
VOTING AGAINST; Lersch, Ofynciw
ABSTAINING: Bracciale, Cairns, Goldstein, Metivier, Morgan, Muckle, O’Leary, Rocchetti, Steward-
Gelinas, Swansen
MOTION PASSED: 7-2-10
MOTION by Muckle, seconded by Steward-Gelinas, to adjourn at 7:51 P.M.
VOTING IN FAVOR: Unanimous.
Respectfully Submitted,
Dad) £ hinge
David L. Campo, CCTC
Waterford Town Clerk

FIPTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordctorg
MINUTES - “a
REPRESENTATIVE TOWN MEETING ou en
Regular Meeting a & -
December 7, 2020 8 a my
cas)
First Selectman Robert Brule, Acting Moderator, called the December 7, 2020 Regular Meeting of the
Representative Town Meeting to order at 7:02 P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
PRESENT: Greg Attanasio, Michael Bono, Jennifer Bracciale, April Cairns, Timothy Condon, Thomas J.
Dembek, Susan Driscoll, Steven Elci, Timothy Fioravanti, Miriam Furey-Wagner, Nick Gauthier, Paul
Goldstein, Kathleen Kohl, David Lersch, Valerie Metivier, Richard Muckle, Liam O’Leary, Theodore
Olynciw, Sally Ritchie, Michael Rocchetti, Danielle Steward-Gelinas, Baird Welch-Collins.
ABSENT: Richard Morgan, Robert Swansen,
EX-OFFICIO MEMBERS PRESENT: First Selectman Robert J Brule.
EX-OFFICIO MEMBERS ABSENT: Selectwoman Jody Nazarchyk; Selectman Elizabeth Sabilia; Chair of the
Board of Finance Ronald R, Fedor; Chair of the Board of Education Craig Merriman.
ALSO PRESENT: Town Clerk David L. Campo; Town Attorney Robert Avena.
RTM MEMBER Susan Driscoll asked for a point of personal privilege. She spoke in honor of the recently
deceased Sharon Palmer and asked for a moment of silence.
MOMENT OF SILENCE
AGENDA ITEM C — Elect a Moderator,
NOMINATION by Muckle, seconded by Goldstein, for Thomas Dembek to serve as Moderator for a term
of one year.
NOMINATION by Gauthier, seconded by Furey-Wagner, for Susan Driscoll to serve as Moderator fora
term of one year.
VOTING IN FAVOR OF DEMBEK; Bono, Bracciale, Cairns, Condon, Dembek, Goldstein, Lersch, Metivier,
Muckle, O'Leary, Rocchetti, Steward-Gelinas.
VOTED IN FAVOR OF DRISCOLL: Elci, Fioravanti, Furey-Wagner, Gauthier, Kohl, Olynciw, Ritchie, Welch-
Collins.
ABSTAINED: Driscoll
DEMBEK selected as Moderator, 12-9-1
RTM MINUTES 12/07/2020 1

MODERATOR Thomas Dembek asked for a moment of silence in remembrance of the 75" anniversary of
the attack on Pear! Harbor.
MOMENT OF SILENCE
AGENDA ITEM D - October 5, 2020 Minutes.
MOTION by Driscoll, seconded by Welch-Collins, to accept the October 5, 2020 Minutes.
VOTING IN FAVOR: Unanimous.
MOTION PASSED
AGENDA ITEM E - Correspondence from RTM member Susan Driscoll and RTM member Richard Muck/e
PUBLIC COMMENT: Christopher Jones spoke in regard to the October 5, 2020 Police Commission
appointment by the RTM.
AGENDA ITEM G ~ Committee report from Legislation & Administration received and will be addressed
under Agenda Item 7. Committee Report from Education received and moved to New Business for
discussion.
CALL ITEM 1 — Refunding Bonds.
PRESENTATION: Town Attorney Robert Avena; Director of Finance Kim Allen.
Moderator Thomas Dembek read the motion in its entirety.
MOTION by Goldstein, seconded by Welch-Collins, to move the motion,
Town Attorney spoke briefly and read the entire resolution. (See Attachment)
ROLL CALL VOTE RECORDED
VOTING IN FAVOR: Unanimous.
CALL ITEM 2 — Personnel Review Board Appointments,
MOTION by Driscoll, seconded by Welch-Collins, to nominate David Peabody of 14R Spithead Rd, to
serve a term of three years on the Personnel Review Board, (Term 12/01/2020 ~ 11/30/2023)
MOTION by Muckle, seconded by Driscoll, to nominate Cathy Patterson of 7 Leary Dr, to serve a term of
three years on the Personnel Review Board. (Term 12/01/2020 — 11/30/2023)
VOTING IN FAVOR OF BOTH NOMINEES: Unanimous
CALL ITEM 3 — Social Services Grants Review Board
MOTION by Driscoll, seconded by Welch-Collins to nominate Sally Ritchie to the Sacial Services Grants
Review Board. (Term 12/07/2020 — 12/06/2021)
MOTION by Muckle, seconded by Attanasio, to nominate Danielle Steward Gelinas to the Social Services
Grants Review Board. (Term 12/07/2020 — 12/06/2021)
VOTING IN FAVOR OF BOTH NOMINEES: Unanimous
CALL ITEM 4: Information Technology Committee
MOTION by Driscoll, seconded by Welch-Collins to nominate Tim Fioravanti to the Information
Technology Committee. (Term 12/07/2020 ~ 12/06/2021)
MOTION by Muckle, seconded by Bono, to nominate Danielle Steward Gelinas to the Information
Technology Committee. (Term 12/07/2020 ~ 12/06/2021)
VOTING IN FAVOR OF BOTH NOMINEES: Unanimous
RTM MINUTES 12/07/2020 2

CALL ITEM 5 — 2020 RTM Schedule.
MOTION by Muckle, seconded by Steward-Gelinas, to approve the Regular Meeting Schedule as
presented. (See Attachment)
VOTING IN FAVOR: Unanimous
CALL ITEM 6 ~- RTM Proposed Budget.
MOTION by Driscoll, seconded by Muckle, to approve the FY22 budget in the amount of $18,953 and
forward to the Board of Selectman for approval.
MOTION by Furey-Wagner, seconded by Driscoll, to reduce Line Item 10117-52020 by $50, from $100
to $50.
VOTING IN FAVOR: Unanimous with two members opposing. (Muckle, Lersch)
MOTION by Furey-Wagner, seconded by Welch-Collins, to approve the RTM proposed budget new total
of $18,903
VOTING IN FAVOR: Unanimous with two members opposing. (Muckie, Lersch)
CALL ITEM 7 — Ethics Ordinance.
PRESENTATION: Legislation & Administration Committee Chair Susan Driscoll
MOTION by Driscoll, seconded by Steward-Gelinas, to approve the amendments to the Waterford Code
of Ordinances, Chapter 2.50 - Ethics Commission as presented. (See Attachment)
VOTING IN FAVOR: Unanimous
MOTION by Olynciw, seconded by Gauthier, to move NEW BUSINESS ahead of AGENDA ITEM 8.
VOTING IN FAVOR: Attanasio, Bono, Bracciale, Driscoll, Elci, Fioravanti, Furey-Wagner, Gauthier, Kohl,
Metivier, Olynciw, Ritchie, Welch-Collins.
VOTING AGAINST: Cairns, Dembek, Goldstein, Lersch, Muckle, O’Leary, Rocchetti, Steward-Gelinas,
MOTION PASSED: 13-8
NEW BUSINESS:
MOTION by Driscoll, seconded by Steward-Gelinas, to move the item “Restoration/Use of the Nevin’s
Cottage” out of the Education Committee.
VOTING IN FAVOR: Unanimous.
MOTION by Driscoll, seconded by Muckle, to extend the deadline for item “Review/Evaluate Beach Fee
Pricing”, currently in the Public Health, Recreation & Environment Standing Committee of the RTM to
the February Meeting of the RTM.
VOTING IN FAVOR: Unanimous.
TOWN ATTORNEY Robert Avena spoke in regard to correspondence submitted by RTM member Susan
Driscoll. (See Attachment)
Discussion ensued
CALL ITEM 8 — Executive Session.
MOTION by Muckle, seconded by Driscoll, that the RTM along with Human Resources Director Joyce
Sauchul, First Selectman Rob Brule and Town Attorney Eileen Duggan, go into executive session for the
purpose of discussing strategy and/or negotiations with respect to current and pending collective
RTM MINUTES 12/07/2020 3

bargaining with multiple bargaining units. This action is taken without prejudice to the Town’s right to
discuss these matters in a private meeting pursuant to Connecticut General Statutes §1-200 (2) at 7:56
P.M.
VOTING IN FAVOR: Unanimous.
MOTION by Welch-Collins, seconded by Steward-Gelinas, to come aut of executive session with no votes
taken at 8:51 P.M.
VOTING IN FAVOR: Unanimous.
CALL ITEM 9 — Waterford Professional Firefighters Association Agreement.
MOTION by Driscoll, seconded by Welch-Collins, to approve the funds necessary to implement the
Tentative Agreement between the Town of Waterford and Waterford Professional Firefighters
Association Local 4629 International Association of Firefighters AFL-CIO, covering the period July 1,
2020-June 30, 2021.
VOTING IN FAVOR: Unanimous with two members abstaining. (Olynciw, Dembek).
CALL ITEM 10 ~ Local 1303 Agreement,
MOTION by Muckle, seconded by Driscoll, to approve the funds necessary to implement the Tentative
Agreement between the Town of Waterford and Local 1303-07 of Council #4 American Federation of
State, County and Municipal Employees AFL-C!O covering the period July 1, 2020-June 30, 2022.
VOTING IN FAVOR: Unanimous with one member abstaining. (Olynciw)
CALL ITEM 11 — Non Union Management Professional Wages.
MOTION by Muckle, seconded by Driscoll, to approve the funds necessary implement the Non Union
Management Professional wages for the period July 1, 2020 - June 30, 2022.
VOTING IN FAVOR: Unanimous with one member abstaining. {Olynciw}
MOTION by Driscoll, seconded by Bono, to adjourn at 8:56 P.M.
Respectfully Submitted,
David L. Campo, CCTC
Town Clerk
RTM MINUTES 12/07/2020 4

RESOLUTION OF THE REPRESENTATIVE TOWN MEETING
Or ‘ THE TOWN OF WATERFORD
AUTHORIZING THE ISSUANCE OF - $30, 000,000 REFUNDING BONDS FOR
PAYMENT OF ALL.OR A PORTION OF THE OUTSTANDING PRINCIPAL OF AND
INTEREST AND ANY CALL PREMIUM ON THE ‘TOWN’S OUTSTANDING
$33,750,000 GENERAL OBLIGATION BONDS, ISSUE OF 2013, DATED AS OF
MARCH 15, 2013 AND $15,930,000 GENERAL OBLIGATION BONDS, ISSUE OF 2014,
DATED AS OF MARCH 17, 2014, AND COSTS RELATED THERETO
RESOLVED,
(a) ‘That the Town of Waterford issue its refunding bonds, in an amount not to exceed
THIRTY MILLION DOLLARS ($30,000,000), the proceeds of which are hereby appropriated:
(D to fund one or more escrows, and to apply the balance held in such escrows, together with the
investment earnings thereon, to the payment in whole or in part, as to be determined by the First
Selectman and the Director of Finance of the Town, of the outstanding principal of and interest
and any call premium on the Town’s $33,750,000 General Obligation Bonds, Issue of 2013,
dated as of March 15, 2013 (consisting at original issue of $33,750,000 School Bonds) and
$15,930,000 General Obligation Bonds, Issue of 2014, dated as of March 17, 2014 (consisting at
original issue of $15,930,000 School Bonds), and Costs Related Thereto including the payment
of interest accrued on said bonds to the date of payment, and (2) to pay costs of issuance of the
refunding bonds authorized hereby, including legal fees, consultants’ fees, trustee or escrow
agent fees, underwriters’ fees, bond insurance premiums, net interest and other financing costs
and other costs related to the payment of the outstanding bonds described above. The refunding
bonds shall be issued pursuant to Section 7-370c of the General Statutes of Connecticut,
Revision of 1958, as amended, and any other enabling acts. The bonds shall be general
obligations of the Town secured by the irrevocable pledge of the full faith, and credit of the
Town.
(b) That the First Selectman and the Director of Finance of the Town shall sign the
bonds by their manual or facsimile signatures. The First Selectman and the Director of Finance are
authorized to determine the bonds to be redeemed and the amount, date, interest rates, maturities,
redemption provisions, form and other details of the refimding bonds; to designate one or more
banks or trust companies to be certifying bank, registrar, transfer agent and paying agent for the
bonds and escrow agent with respect to the refunding escrow or escrows to be funded with
proceeds of the bonds; to provide for the keeping of a record of the bonds; to sell the bonds at
public or private sale; to deliver the bonds; and to perform all other acts which are necessary or
appropriate to issue the bonds, :
() That the Town hereby declares its official intent under Federal Income Tax
Regulation Section 1. 150-2 that costs of the refunding may be paid from temporary advances of
available funds and that (except to the extént reimbursed froth grant moneys) the Town
reasonably expects to reimburse any such advances from the proceeds of borrowings in an _
aggregate principal amount not in excess of the amount of borrowing authorized above for the -
195057838.2

-2-
refunding. The First Selectman and the Director of Finance ate authorized to amend such
declaration of official intent as they deem necessary or advisable and to bind the Town pursuant
to such representations and covenatits as they deem necessary or. advisable in order to maintain
the continued exemption from federal income taxation of interest on the bonds authorized by this
resolution, if issued on a tax-exempt basis,’ including covenants to ‘pay rebates of investment .
earnings to the United States in future years.
(d) That the First Selectman and the Director of Finance ate authorized to make
representations and enter into written! agreements for the benefit of holders of the bonds to
provide secondary market disclosure information, which agreements may include such terms as
they deem advisable or appropriate in order to comply with applicable laws or rules pertaining to
the sale or purchase of such bonds.
‘(e) That the Representative Town Meeting, the First Selectman, the Director of Finance
and other proper officers and officials of the Town are authorized to take all other action which
is necessary or desirable to enable the Town to effectuate the refunding of all or a portion of the
Town’s outstanding $33,750,000 General Obligation Bonds, Issue of 2013, dated as of March
15; 2013 and $15,930,000 General Obligation Bonds, Issue of 2014, dated as of March 17, 2014,
and to issue refunding bonds authorized hereby for such purposes, including, but not limited to,
the entrance into agreements on behalf of the Town with underwriters, trustees, escrow agents,
bond insurers and others to facilitate the issuance of the refunding bonds, the escrow of the
proceeds thereof and investment earnings thereon, and the payment of the outstanding bonds in
whole or in part.
‘yosus7e38.2

FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.iwaterfordct.org
REPRESENTATIVE TOWN MEETING
2021 REGULAR MEETING SCHEDULE
7:00pm — Waterford Town Hall Auditorium
rebruary 1, 2021
April 5, 2021
May 3, 4, 5 and 6, 2022 (FY22 Annual Budget meeting)
June 7, 2024
August-2, 2021
October 4, 2021
December. 6, 2021 (Annual Meeting)

Final Draft Dec. 2, 2020
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 must be 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.
Cc. 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(4))
2.50.020 -~ Definitions. oe
A. "Business with which the individual is associated" means any sole proprietorship, oR
partnership, firm, corporation, trust, or other entity through which business for profit ot not S
for profit is conducted in which the public official or town employee or member of tha?
individual’s 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
that individual's immediate family is deemed to be associated with a not-for-profit entity
solely by virtue of the fact that the public official or town employee or of immediate family
member 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.

Final Draft Dec, 2, 2020
B. "Gift" includes, but is not necessarily limited to, a payment, subscription, advance,
forbearance, rendering of service, deposit of money, favorable treatment of conseauence,
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. Anonpecuniary 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.
7
“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))

Final Draft Dec. 2, 2020
2.50.030 - Code of ethics.
A.
Public officials or town employees have 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.
Public officials or town employees do 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.
A public 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 shall keep confidential ali 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 personne!
are also not subject to the prohibition of this section.

H.
Final Draft Dec. 2, 2020
No public officials or town employees shall seek for themselves, or grant to any citizen, any
special consideration, treatment, or advantage beyond that which is available to every other
citizen. No town employee shail seek any special consideration regarding the employee's
employment from any town employee or public official. No town empioyee 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. Of the five members initially appointed in 1992, three shall be appointed for a
term of two years and two for a term of one year. Of the alternates initially appointed in
1992, one shall be appointed for a term of two years and one for a term of one year.
Subsequent 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

Final Draft Dec. 2, 2020
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.
C. A quorum of four members shail be present in order for the Commission to transact the
business that comes before it.
D. Notwithstanding the quorum requirement contained herein, no more or less than five
members shail 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.
E. A person 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 confidentiai, will be made available to the public on the town’s
website and through the town clerk's office.
(R.T.M. 6-14-92 (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 written 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. {t shall be an absolute defense in any action brought under the provisions of

Cc.
Final Draft Dec. 2, 2020
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
cammission.
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) the town clerk, (4) a notary public, (5)
a justice of the peace, or (6) an attorney admitted to the bar of this state. (Complaint of
Violation of Code of Ethics forms are available on the Ethics Commission page of the town
website and in the town clerk’s office.) 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.
Acomplaint 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.
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.

Final Draft Dec. 2, 2020
. Upon receiving a compiaint 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
respandent, 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 ffs reasons for forming that opinion. Upon the respondent's
request, the commission shall annaunce 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 shail dismiss
the complaint. In that event the compiaint 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.

H.
Final Draft Dec. 2, 2020
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; such waiver must be in writing. 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.
The mailing address of the ethics commission shall be Ethics Commission, Town Clerk's
Office, 15 Rope Ferry Road, Waterford, Connecticut 06385-2886.
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 crass
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.
(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.
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 respondent's waiver of hearing.
(R.T.M. 2-2-98 (part): R.T.M, 6-1-92 (part)
2.50.096 - Report of findings and opinions and recommendations.
A.
The ethics commission shall make its report as to a violation of the cade 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.
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.
The commission shali 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.

Final Draft Dec. 2, 2020
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.
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 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. 61-92 (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 shali 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)
2.50.116 - Effective date and reports.
A.
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.
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 2,08.080), the provisions of this chapter shall prevail.
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

Final Draft Dec. 2, 2020
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)
2.50.126 - 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 fo every public official and town employee within 30 days after the enactment of this
code of ethics and subsequent amendments. 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. 6-14-92 (part))
This Chapter was amended through R.T.M. action on December 7, 2020.
These ordinances shall be effective 15 days after passage by the R.T.M.
10

To: Tom Dembek, RTM Moderator
ce: David Campo, Town Clerk/Clerk of the RTM
Thomas Giard, Superintendent Waterford Schools
Craig Merriman, Board of Education Chair
This letter serves as notice of our serious concerns about the recent correspondence sent from a group of
RTM members to the Waterford Board of Education on October 20 and 21, 2020. (Attached for your
reference are copies of the two emails from the group and the Board of Education Chair’s response.)
Separation of powers is a basic tenet of our government at the federal, state and local levels. The RTM
has no authority over the actions or agendas of other elected boards; just as the other boards have no
authority over our agenda. Certainly, as private citizens, any of us is free to reach out to members of other
boards and express concerns or request review or actions. However, as elected officials, we are held to a
higher standard and must tread carefully.
The ethics ordinances clearly state that “no public officials shall seek or grant any special consideration
beyond that which is clearly available to any other citizen.” A demand to be allowed to speak during the
Board’s public comment period solely because they are members of the RTM is a prime example of
crossing that line. Furthermore, that demand—should the Board of Education Chair have agreed in the
spirit of cooperation—-would have triggered a violation of the FOI guidelines requiring uniform
application of the Board’s officially posted parameters regarding public comment. While we are aware of
the circumstances of an individual RTM member resulting in this group action, we question the decision
to participate in an action that was at best, inappropriate and at worst, bordered on a presumptive violation
of the ethics ordinances.
The change in grading policy was never discussed at an RTM meeting nor in the RTM’s Education
Committee. Furthermore, since the advent of virtual learning last spring, not one of us has been
approached by a member of the public about grading policy concerns/communication at the high school.
To suggest this was an RTM concern was disingenuous and in fact, alarmingly overstated. The end result
was that many who read this letter, including Board of Education members and School Administrators,
thought this was an official action of the RTM as a whole.
The use of elected titles in the signature lines contributed to this logical interpretation by the recipients. In
particular, we are greatly disturbed by the fact that the two highest ranking senior members of the RTM
chose to not only sign the letter, but to include their RTM titles—knowing that the effect would be to
convey an aura of credibility and authority that did not exist. The title of Moderator should be used only
on official communications conveying the wishes that have been duly discussed and approved by the
majority of members during the requisite public discourse.
This entire episode has triggered ill will and harmed working relationships between members of both
elected bodies and parties. It is essential that our actions and the manner in which we conduct ourselves
be held to the highest standards. To ensure that the recent situation does not set a dangerous precedent, it
is imperative to have an open and frank discussion on authority, ethics and propriety at the next regular
RTM meeting or at a special meeting called to discuss this issue. This action would demonstrate to our
colleagues on other boards that the RTM is not adversarial but rather a group desiring to work through
proper channels to encourage the best decisions for the majority of our citizens.
Sincerely,
Susan Driscoll, District 4 Greg Attanasio, District 2
Steve Elci, District 4 Miriam Furey-Wagner, District 2
Sally Ritchie, District 4 Ted Olynciw, District 2
Tim Fioravanti, District 3 Baird Welch-Collins, District 2
Kathy Kohl, District 3 Nick Gauthier, District 1

From: Danielle Gelinas <steward-gelinas@sbcglobal.net>
Subject: Fw: Agenda item for Board of Education meeting
Date: October 21, 2020 at 11:37:29 AM EDT
To: "crmerriman@waterfordschools.org" <crmerriman@waterfordschools.org>, Craig Merriman <crmerriman@gmail,com>, Frog
<erfroga@aal,com>, "cjones@waterfordschools.org" <cjones@waterfordschoals.org>, Michele Devine <mdevine@seracct.org>,
"mdevine@waterfordschools.org" <mdevine@waterfordschools.org>, “abengit@waterfordschools.org"
<gbenoit@waterfordschools.org>, "wtfdatty@aol.com” <wtfdatty@aol,com>, Pat Fedor <patfedor@yahoo.com>,
“pfedor@waterfordschools.org" <pfedor@waterfordschools.org>, Amanda Gates-lamothe <artscapesct@yahoo.com>, “agates-
famothe@waterfordschools.org" <agates-lamothe@waterfordschools.org>, “drosellikelly@waterfordschools.org”
<drosellikelly@waterfordschools.org>, "saranjosh@gmail.com" <saranjosh@gmail.com>, “mbenvenuti@waterfordschools.org"
<mbenvenuti@waterfordschools.org>, "marciaab@sbeglobal.net" <marciaab@sbeglobal.net>, “igaughan@waterfordschools.org"
<jgaughan@waterfordschools.org>, "joyful89@sbeglobal.net" <joyfulS9@sbeglobal.net>, Thomas Giard
<tgiard@waterfordschools.org>, Caroline Whittaker <cwhittaker@waterfordschools.org>
Ce: MICHAEL ROCCHETT! <racchetti@snet.net>, Tom Dembek <wastreasurer152@outlook.com>, Richard Muckle
<rmuckle@comeast.net>, Jennifer Bracciale <jlabracciale6@gmail.com>, Richard Morgan <morgpo@sbcglobal.net>, Robert
Swansen <bobjfd@gmail.com>, "Liam O'Leary" <lololeary11@gmail.com>, Dave Lersch <davelersch@aol.com>, Tim Condon
<tre18@snet.net>
Good morning Craig,
Below | have included your response regarding the request to attend the BOE meeting tomorrow evening which is being provided
for the BOE members who were initially included as well as the RTM members who signed the letter,
This email was not signed by myself alone, so | would ask in the future that these responses be sent to all.
Craig, you are able to allow the principals of all schools to attend meetings, and they are not members of the BOE. The people who
signed this email are elected officials who were notified of a concern from parents of students in our district.
| would ask that you reconsider this request. | appreciate that the item is already on the agenda, but clear answers were not
provided at the fast BOE meeting, and there is backup information that is available for this concern.
Just to be clear, you are requesting that 2 elected officials, who are also on the Education Committee for the RTM, who have direct
information related to this issue, are not allowed to attend the BOE meeting on 10/22/2020.
The concern being brought before the BOE is NOT the grading policy that was implemented. Those decisions are made by the
Superintendent and the administration.
The concern is that information communicated by the Superintendent to the BOE is not consistent with what was actually presented
to staff and students. Per data provided by Superintendent Giard, the ‘fail’ policy (grade of 55) impacted approximately 14 students
in each grade. During the Superintendent's report and subsequent discussion at the 4/23/2020 meeting where grading policies were
discussed, BOE members were assured that this policy would do no harm, That is obviously not the case. There is documentation
to support the information stated here.
If you are not willing to reconsider our attendance, then | ask that clear responses to the questions presented in the original email be
offered and supported with accurate data, and that this communication be included in the meeting minutes. We have tried to
address this issue with the Superintendent without a satisfactory response.
Respectfully submitted,
Danielle Steward-Gelinas
----- Forwarded Message -—--
From: Craig Merriman <crmerriman@waterfordschools.org>
To: Danielle Gelinas <steward-gelinas@sbcqlobal,net>
Ce: Thomas Giard III <tgiard@waterfordschools.org>
Sent: Tuesday, October 20, 2020, 10:40:27 PM EDT
~ Subject: Re: Agenda item for Board of Education meeting
Hi Danielle,
Thanks for your email. Given t