Representative Town Meeting (RTM) - 1295 (06/15/2026)
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| Board/Commission | Representative Town Meeting (RTM) |
|---|---|
| Meeting Date | June 15, 2026 |
| Pages | 21 |
| File Size | 1.2 MB |
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PHONE: Bil 2-03553
FIFTEEN ROPE FERRY ROATD
WATERFORD, OT 06385-2886
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Legislation & Administration Committee of the RTM
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Meeting Agenda
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June 15, 2026 | 6:30PM
Board of Education Conference Room, 2TM4 Floor, Waterford Town Hall
1. Confirmation of Quorum and Call to Order
2. Public Comment
3. Consideration and Action on Minutes of the March 30, 2026 Committee Meeting
4. Review of Matters Currently Referred to the Committee
a. Review of Ethics Ordinance 2.50 (RTC 10/7/24)
b. Review of a “Public Comment Ordinance” (RTC 2/6/23)
c. Review how RTM considers recommendations for committee assignments (RTC 6/6/22)
5. Future Meeting Schedule
6. Adjournment
Encl: L&AMeetingMinutes_3-30-2026
Letter from Betsy Ritter, Ethics Commission chair, requesting change to Ethics Ordinance 2.50
Town of Waterford Ethics Ordinance
Town of Old Lyme Code of Ethics
DRAFT
MINOTES
LEGISLATION 0 ADMINISTRATION STANDING COMMITTEE OF THE RTM
PUBLIC HEARING () SPECIAL MEETING
Monday, March 30, 2026
6:00 P.M. - (1 aterford Town Hall, Louise Appleby Room
The March 30, 2026 Public Hearing of the Legislation 0 Administration Standing Committee of
the RTM was called to order by Chairperson Erica Casper at 6:00 P.M.
ROLL CALL
Present: Erica Casper, Mary Childs, Emmy Franklin, Paul Goldstein, Danielle Steward-
Gelinas
Absent: None
Also Attending: Town Clerk David L. Campo, Town Attorney Kristi Kelly, RTM
Moderator Susan Driscoll, RTM Member Tim Sullivan, RTM Member JoAnna Bennett,
Purchasing Agent Shea Davy
The Public Hearing opened at 6:00 P.M.in regard to the Waterford Code of Ordinances
proposed amendments to Section 3.08.030 Purchase categories — Bids[proposals
required — Specifications authoriled.
PUBLIC COMMENT: None
Public hearing closed at 6:10 PM
MOTION by Franklin, seconded by Childs to adjourn at 6:10 PM
VOTING IN FAVOR: Unanimous
The March 30, 2025 Special Meeting of the Legislation 0 Administration Standing Committee
of the RTM was called to order by Chairperson Erica Casper at 6:11 P.M.
ROLL CALL
Present: Erica Casper, Mary Childs, Emmy Franklin, Paul Goldstein, Danielle Steward-
Gelinas
Absent: None
Also Attending: Town Clerk David L. Campo, Town Attorney Kristi Kelly, RTM
Moderator Susan Driscoll, RTM Member Tim Sullivan, RTM Member JoAnna Bennett,
Purchasing Agent Shea Davy
PUBLIC COMMENT: None
AGENDA ITEM 3: Minutes
MOTION by Steward-Gelinas, seconded by Childs, to approve the minutes from the
March 19, 2026 meeting as presented.
VOTING IN FAVOR: Unanimous
AGENDA ITEM 4: review of Section 3.08.030 Purchase categories — Bids Proposals
required — Specifications authoriled.
Brief discussion concerning the process. It was noted that an indentation would be needed
just prior to “Public competitive bidding” to stay consistent with the Waterford Code of
Ordinances. Town Attorney Kristi Kelly noted it was non-substantive and did not require
a motion.
MOTION by Steward-Gelinas, seconded by Goldstein, to open discussion in regard to
review of Section 3.08.030 Purchase categories — Bids(Pproposals required —
Specifications authoriled.
VOTING IN FAVOR: Unanimous
MOTION by Steward-Gelinas, seconded by Franklin, to report the issue out of committee
with a recommendation to adopt the revised ordinance Section 3.08.030 Purchase
categories — Bids{proposals required — Specifications authoriltd to reflect Public Act
25-92. (See Attachment)
VOTING IN FAVOR: Unanimous
MOTION by Steward-Gelinas, seconded by Goldstein, to adjourn at 6:20 P.M.
VOTING IN FAVOR: Unanimous
Respectfully submitted,
Erica Casper
Chairperson
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.org
October 3, 2024
Mr. Paul Goldstein
Moderator, Waterford Representative Town Meeting
Waterford Town Hall
15 Rope Ferry Road
Waterford, CT 06385
Dear Mr. Goldstein,
The Waterford Ethics Commission at its Regular Meeting on October 1, 2024, voted to
respectfully request the Representative Town Meeting consider three changes, and any other
changes that may seem appropriate, to the Waterford Code of Ordinances.
The requested changes are:
1. Sec, 2.50.070 C be amended with the following added sentence: “If confidentiality is
breached at any time from the filing of a complaint until a finding of the presence or lack
of probable cause, the investigation is immediately terminated.”
2. Sec. 2.50.070 be amended with the addition of appropriate enforcement language to
protect the confidentiality of complaints.
3. Sec. 2.50.070 be amended with the addition of the following: “Complaints alleged
against more than one individual for the same violation must be made separately.”
These changes come as the result of experiences in conducting the business of the
Commission. Commission members are available to provide additional information, as
permissible, and to facilitate your deliberations as needed. Please notify me as discussions are
scheduled or if you need additional information.
Thank you for your time and attention.
Sincerely,
“fa bel; 2 RIG)
Elizabeth Ritter
Chair, Waterford Ethics Commission
(860) 514-2003
Ce:
= David Campo, Waterford Town Clerk
Robert Avena, Waterford Town Attorney .
2,50.020
Chapter 2.50
ETHICS COMMISSION
Sections:
2.50.010
Preamble and declaration of policy and purpose.
2.50.020
Definitions.
2.50.030
Code of ethics.
.
2.506.040
Establishment of an ethics commission and operating procedures.
2.560.050
Adoption of rules of procedure.
2.50.060
Advisory opinions.
2.50.070
Procedure for receiving and hearing complaints,
250,086
Notice of hearing and decision.
2.50,090
Report of findings and opinions and recommendations.
2.560.100
Finances and compensation.
250.110
Hifective date aud reports.
2.50120
Distribution of the code of ethics.
250.010
Preamble and declaration of policy and purpose.
oe
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,
..
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.
7
(R.T.M. 12-7-20; Amend. of 2-4-13(1); R.T.M. 6-1-92 (part))
2.50.020
Definitions.
;
A. "Business with which the individual is 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 that 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.
:
42
.
Supp, No, 23
2,50.030
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. 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;
.
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 twenty-five dollars 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 actof 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, chib, 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. 12-7-20; R.T.M. 6-1-92 (part))
2.50030
Cade 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.
;
.
B. 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 preseribed 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.
C. 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.
43
.
.
,
Supp. No. 23
2,50,040
D. Public officials and town employees shall refrain from using their positions for personal gain and
shall keep confidential all information not available to all citizens that is acquired by virtue of their
position in the town government.
;
H, 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 that might reasonably tend to
influence the impartial discharge of their official acts,
G. No public official or town employee shall enter into any non-bid contract with the town exceeding
five hundred dollars or a series of non-bid contracts exceeding two thousand dollars 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 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 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.TM. 12-7-20; 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, thereis
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.
B. 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 mecting (R.T.M.). All members shall be appointed by majority vote of the R.T.M. No
_TMmore 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 Teappointment to the
commission for a period of two years. For individuals filling a vacancy, consecutive terms of service shall
44
Supp. No, 23
2.50.070
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.
C. A quorum of four members shall be present in order for the commission to transact the business
that comes before it.
D. Notwithstanding the quorum requixement contained herein, no more or less than five members
shall ever vote on any decision relative to acomplaint 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
*
farnily is employed by the town or by the Waterford Board of Education or isa public official, However, .
if an accused person js 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,
(RTM. 12-7-20; R-T.M. 6-1-92 (part))
250,050
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 =~
ate to be confidential. The minutes of the commission are public information and, unless confidential, will,
,
be made available to the public on the town's website and through the town clerk's office.
(RTM. 12-7-20; 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 thecode.
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. 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,
(RTM. 12-7-20; R.T.M. 6-1-92 (part)
250.070
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
45
Supp. No, 23
250.070
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 theend of the
code,
;
B. 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: -
attomey'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.
D. 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 ten days after receipt of thenotice .
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
ninety 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.
;
oo
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 cormmission, 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 announce-
.
ment shall be made, at a minimum, on the town website.
;
F. 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 corhmission, board, agency, or
staff member shall disclose to any third party any information leammed 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.
46
.
Supp. No. 23
2,50.090
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 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 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 thirty 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.
I. The mailing address of the ethics commission shall be: Ethics Commission, Town Clerk's Office, 15
Rope Ferry Road, Waterford, Connecticut 06385-2886.
J. 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.
(R.TM. 12-7-20; RTM. 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 shail 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 ten business days of
the final day of the hearing. In the event no hearing is held, the commission shall render a decision within
thirty days of the receipt of the respondent's waiver of hearing.
(R-T.M. 12-7-20; 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 commnis-
|
sion's recommendations may inchide 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.
RE. 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 days
of the receipt of the report from the commission.
R. The person or governmental body receiving the report shall also report back to the ethics
commission the decided findings and disposition in writing within thirty days of the receipt of the report
from the commission.
47
Supp. No. 23
2.50.120
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 unit's contracts shall take
precedence over other procedures outlined in this chapter.
(R.T.M. 12-7-20; R-T.M. 2-2-98 (part): R.T.M. 2-7-94 § IL: R.E.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),
B. 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.TM. 12-7-20; R.T.M. 2-5-03 (part); R.T.M. 6-1-92 (part)
2.50.110
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.
.
B, 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.
C. 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.
_ (RTM. 12-7-20; R.TEM. 2-2-98 (part): RLM. 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 days after the enactment of this code of ethics and _
subsequent amendments, Each public official and town employee elected, appointed, or engaged there- .
after 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. 12-7-20; R.T.M, 2-2-98 (part): R.T.M. 6-1-92 (part))
48
Supp. No. 23
Town of Old Lyme, CT
Chapter 43
ETHICS, CODE OF
§ 43-1.
Declaration of policy.
§ 43-6.
Former public employees and
§ 43-2.
Applicability.
public officials.
§ 43-3.
Definitions.
§ 43-7.
Ethics Commission.
§ 43-4.
Public employees and public
§ 43-8.
Enforcement; penalties for
officials.
offenses.
§ 43-5.
Paid consultants.
§ 43-9,
Distribution of Code of Ethics.
[HISTORY: Adopted by the Annual Town Meeting of the Town of Old Lyme 1-28-2008.
Amendments noted where applicable.]
GENERAL REFERENCES
Boards, committees and commissions — See Ch. 20.
General provisions — See Ch. 180.
Officers and employees —- See Ch. 104.
§ 43-1. Declaration of policy.
A.
Public office is a public trust. In order for our Town government to function most efficiently, the trust
of the public is critical. Public policy developed by government officials and employees impacts
every citizen and property owner of the Town and, as such, must be consistently based on honest and
fair deliberation and decisions. The process of policy formulation and decisionmaking must be free
from threats, favoritism, undue influence and even the appearance of impropriety so that the
confidence of the public in our Town government is maintained.
By enacting this code, the Town of Old Lyme seeks to affirm its trust in our governmental officials
and our Town policies. It will strengthen and increase the confidence of the citizens, business owners
and property owners in the integrity of our government.
§ 43-2. Applicability.
A.
This Code shall apply to all public officials, officers and public employees, whether elected and/or
appointed, paid or unpaid.
If any provision(s) of this code shall conflict with a current municipal labor agreement or employment
contract, the conflicting provisions of such agreement or contract shall supersede. The remaining
provisions of this code shall, however, remain in full force and effect in such case.
§ 43-3. Definitions,
As used in this chapter, the following terms shall have the meanings indicated:
BUSINESS —— Any entity through which business for profit or not for profit is conducted, including
a corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization or self-
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employed individual.
BUSINESS WITH WHICH HE OR SHE IS ASSOCIATED —- A business of which a public official
or public employee or member of his or her immediate family is a director, officer, owner, employee,
compensated agent or holder of stock that constitutes 5% or more of the total outstanding stock of any
class.
CONFIDENTAL INFORMATION — information, whether transmitted orally or in writing, which is
obtained by reason of the public position or office held and is of such a nature that it is not at the time of
transmission a matter of public record or public knowledge.
CONFLICT OF INTEREST — A public official or public employee has an interest which is in substantial
conflict with the proper discharge of his/her duties or employment in the public interest if he/she has
reason to believe that he/she or a family member of his/hers will derive a direct monetary gain or suffer
direct monetary loss, as the case may be, by reason of his/her official activity. A public official or public
employee does not have an interest which is in substantial conflict with the proper discharge of duties in
the public interest if any benefit or detriment accrues to him/her as
a member of a business, profession,
occupation or group to no greater extent than any other member of such business, profession, occupation
or group. Specifically, a conflict of interest exists if a public official or public employee or family member
of such official or employee has a financial or personal interest in the outcome of any matter under
consideration before him/her in his/her official capacity within or before his/her department or a board
or commission of which he/she is a member; a public official or public employee accepts employment
which will either impair his/her independence or judgment with regard to his/her official duties or require
him/her to disclose confidential information acquired by him/her in the course of his/her duties. All public
officials, public employees and/or appointed members of the Town government shall seek to avoid even
the appearance of impropriety as it relates to this section. Any criminal misconduct will mean a violation
of the law as defined in Connecticut General Statutes Titles 53, 53a and other applicable statutes, which
include misdemeanors and felonies, as defined therein.
DISTRICT — A district established pursuant to the Connecticut General Statutes § 7-324.
FINANCIAL INTEREST — Any interest with a monetary value of $100 or more which generates a
financial gain or loss of $100 or more in a calendar year.
GIFT — Anything of value, including entertainment, food, beverage, travel, or lodging, given or paid to a
public official or public employee, to the extent that consideration of equal or greater value is not received.
A "gift" does not include:
A.
A political contribution otherwise reported as required by law or a donation or payment as described
in Subdivision (9) or (11) of Subsection (b) of Connecticut General Statutes § 9-601a, as amended.
Services provided by persons volunteering their time for a political campaign.
C.
Acommercially reasonable loan made on terms not more favorable than loans made in the ordinary
course of business.
D.
A gift received from:
(1)
An individual's spouse, fiance or fiancee;
(2)
The parent, brother or sister of such spouse or such individual; or
(3)
The child of such individual or the spouse of such child.
E.
Goods or services that are provided to the Town and which facilitate governmental action or
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functions.
A certificate, plaque or other ceremonial award costing less than $100.
G.
A rebate or discount on the price of anything of value given in the ordinary course of business without
regard to the recipient's status.
H.
Printed or recorded informational! materia! germane to governmental actions or functions.
I.
Items of nominal value, not to exceed $10, containing or displaying promotional material.
J.
An honorary degree bestowed upon a public official or public employee by a public or private
university or college.
K.
Food or beverage provided at an event, or the registration or entrance fee to attend such event, in
which the public employee or public official participates in said person's official capacity.
L.
Food or beverage provided in the home by an individual who resides in the Town in which the
employee or official serves.
M.
Gifts of nominal value not exceeding $25 tendered on gift-giving occasions generally recognized
by the public, including Christmas, Hanukkah, birthdays, the birth or adoption of a child, weddings,
confirmations, bar or bat mitzvahs, provided the total dollar value of such gifts from any individual
in any calendar year does not exceed $100.
IMMEDIATE FAMILY — Any spouse, child, parent, fiancee, sibling or dependent relative.
INDIVIDUAL — A natural person.
PAID CONSULTANT — A person, firm or corporation hired by the Town to provide services to the Town
for a fee.
PERSON — An individual, sole proprietorship, trust, corporation, union, company, association, firm,
partnership, committee, club or other organization or group of persons.
PUBLIC EMPLOYEE — A person employed full or part time by the Town. "Public employee" does not
include a public official,
PUBLIC OFFICIAL — An elected or appointed official employed/appointed full- or part-time by the
Town, on either a paid or unpaid basis, including a district officer elected pursuant to Connecticut General
Statutes § 7-327.
§ 43-4. Public employees and public officials.
A.
Special interest. No public employee or public official shall engage in or participate in any business
or transaction, including outside employment with a private business, or have an interest, direct or
indirect, that is in conflict with the proper discharge of the employee's or official's responsibilities in
the public interest or that would impair the employee's or official's independent judgment or action in
the performance of the employee's or official's responsibilities.
B.
Gifts or favors.
(1)
No public employee or public official shall solicit or accept any gift from any person that, to the
employee's or official's knowledge, is interested in any matter within such individual's official
responsibility. As used in
this subsection, “official responsibility".
means
the direct
administrative or operating authority, whether intermediate or final and whether exercisable
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personally or through subordinates, to approve, disapprove or otherwise direct governmental
action.
(2)
Ifa prohibited gift is offered, the public employee or public official shall refuse it, or pay the
donor full value of the gift or donate it to a nonprofit organization, provided the employee or
official does not take the corresponding tax deduction or credit. Alternatively, the gift may be
deemed to be a gift to the Town, provided it permanently remains in the Town's possession.
C.
Voting conflicts.
(1)
A public employee or public official shall refrain from voting upon or otherwise participating in
any matter on behalf of the Town if the employee or official, or a business with which he/she is
associated, or a member of his/her immediate family has a financial interest in the matter,
including, but not limited to, the sale of real estate, material supplies, or services to the Town.
As used in this subsection, "personal interest" means an interest in any action taken by the Town
in which an individual will derive a nonfinancial benefit or detriment but which will result in
the expenditure of funds.
(2)
Notwithstanding the prohibition in Subsection C(1) of this subsection and the provisions of this
subsection, a public employee or public official may vote or otherwise participate in a matter
that involves a determination of general policy if the employee's or official's interest in the
matter is de minimus in nature or shared with a substantial segment of the population of the
Town.
D.
Voting restrictions. In addition to the restrictions in Subsection C of this section, a public employee
who serves on any governmental body of the Town shall not vote or participate in any matter
involving, for the department or program employing such public employee, a) collective bargaining;
b) compensation or benefits; c) personnel policies and procedures; d) the budget, other appropriation
or capital funding; or e) employment, compensation, benefits or performance of personnel, unless
such public employee is permitted to vote or participate pursuant to the provisions of state statutes or
Town ordinance. This provision shall not prevent the individual from voting on the Town budget as
a whole.
E.
Incompatible service.
(1)
No public employee or public official shall appear on behalf of private interests before any
board, agency, or committee of the Town for which the employee or official serves.
(2)
No public employee or public official shall represent private interests against the interest of the
Town for which the employee or official serves, in any litigation to which the Town is a party.
(3)
The provisions of Subsection E(1) and (2) of this subdivision shall not apply to a public official
who receives no compensation for service to the Town other than per diem payments and
reimbursement expenses.
F.
Public employee or public official nonrestrictions. Nothing in this section shall prohibit or restrict a
public employee or public official from:
(i)
Appearing before any board or commission of the Town on the employee's or official's own
behalf; or
(2)
Being a party in any action, proceeding or litigation:
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G.
H.
L
J
(a)
In which the Town is a party; and
(b)
That is brought by or against the public employee or official.
Disclosure of information. No public employee or public official shall disclose or use confidential
information concerning the affairs of the Town for the financial interests of the employee, official or
others.
Public property use. No public employee or public official shall request, use or permit the use of a
vehicle, equipment, facility, material or property, which is owned by the Town for which the
employee or official serves, for personal convenience or profit, except when available to the public
generally or provided as Town policy for the use of such public employee or public official in the
conduct of official business, in which case the public employee or public official may use such
vehicle, equipment, facility, or equipment for de minimus personal convenience.
Public contracts. No public employee or public official, or a business with which he/she is associated,
or a member of his or her immediate family shall enter into a contract with the Town for which the
public employee or public official serves which has a value of $1,000 or more unless approved by the
First Selectman or by the Board of Selectmen if the First Selectman has a conflict.
Financial benefits. No public employee or public official may use the employee's or official's position
or office with the Town for which the employee or official serves for the financial benefit of the
employee or official, a business with which he or she is associated, or a member of his or her
immediate family. The provisions of this subsection shall not prohibit a public employee or public
official from receiving compensation for writing, on the employee's or official's own time, a book or
article relating to the employee's or official's service for such municipality or district.
K.
Appearances. No public employee or public official shall accept a fee or honorarium for an article,
L.
appearance or speech, or for participation in an event, in the employee's or official's capacity,
provided the public official or public employee may receive payment or reimbursement for necessary
expenses for any such activity in such official's or employee's official capacity.
Solicitation. No public employee or public official, or member of such individual's immediate family
or business with which he or she is associated, shall solicit or accept anything of value, including, but
not limited to, a gift, loan, political contribution, reward or promise of future employment, based on
any understanding that the vote, official action or judgment of the public employee or public official
would be influenced thereby.
M.
Political activity. No public employee or public official or candidate for elected office of the Town
shall utilize Town funds, supplies, vehicles, or facilities for the purpose of any political activity.
§ 43-5. Paid consultants.
A.
Conflict of interest. No paid consultant of the Town shall represent a private party in any action or
B.
c.
proceeding against the Town. This restriction may be waived by the Ethics Commission.
Representation. No paid consultant can represent anyone other than the Town concerning any matter
in which the consultant participated personally and substantially as a consultant to the Town.
Confidentiality. No paid consultant shall:
(1)
Disclose confidential information learned while performing the consultant's duties for the
Town; or
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Use such information for the financial interests of the consultant or others.
§ 43-6. Former public employees and public officials.
A.
Six-month limitation. No former public employee or public official shall appear for compensation
before any Town board or agency in which the employee or official was formerly employed at any
time within a period of six months after termination of the employee's or official's service with the
Town without prior approval of the Ethics Commission.
B.
Latter case interest. No former public employee or public official shall represent anyone other than
the Town concerming any particular matter in which the employee or official participated personally
and substantially while in Town service without prior approval of the Ethics Commission.
C.
Disclosure. No former public employee or public official shall disclose or use confidential
information acquired in the course of and by reason of the employee's or official's official duties for
financial gain for himself/herself or others.
§ 43-7. Ethics Commission.
A.
Creation and composition of Ethics Commission. There shall be a municipal Ethics Commission
composed of five electors of the Town of Old Lyme and at no time shail more than three members be
of the same political party. [Amended 7-1-2008; 1-26-2009; 1-27-2020]
(1)
(2)
Eligibility. No member of said Commission shali hold or campaign for any public office, be a
public official other than as a member of the Commission, or be an officer of Town party
committees, as defined in Connecticut General Statutes § 9-601, or officers of political
committees required by state law to report to and/or register with the Town Clerk. Any member
who, within the last three years prior to receipt of a complaint, shall have held public office or
was a candidate for public office for the board or committee or commission involved in that
complaint, shall not participate in the investigation or hearing of that complaint.
Appointment/removal. The initial Ethics Commission shall be appointed by the unanimous vote
of the Ethics Formation Committee. The Ethics Formation Committee will conduct an open
solicitation of community-minded individuals and create a pool of candidates based upon their
citizenship, political affiliations, if any, and business, professional and personal history. Subject
to the requirements of this subsection, the Ethics Formation Committee will randomly select
and thereafter appoint the above five electors as the Ethics Commission. Thereafter,
Commission members shall be appointed and/or vacancies filled by a two-thirds vote of the
existing Ethics Commission (appointing authority). Removal from said Commission shall only
be by two-thirds vote of the appointing authority or by unanimous vote of the Board of
Selectmen. Of the five members of the Ethics Commission initially appointed, three members
shall be appointed for the term commencing June 2008 and ending January 31, 2011, and two
members shall be appointed for the term commencing June 2008 and ending January 31, 2012.
After the stated expiration date of those initial terms, the term of office of all members shall be
two years, with two members to be appointed for a term to begin and end on January 31 of the
even-numbered years, and three members to be appointed for a term to begin and end on January
31 of the odd-numbered years, provided that each person occupying the position of member of
the Ethics Commission on the effective date of this subsection and each member appointed
thereafter shall continue in office for the term for which she/he was appointed and until her/his
successor is duly appointed and qualifies. If a vacancy occurs, the appointing authority will
appoint a member to the Commission to complete the unexpired term. Commission members
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may serve without limitations on the number of terms served.
(3)
Alternate members. The Ethics Commission shall select three alternates to include members of
different political parties and/or unaffiliated voters. An alternate member(s) may act in the place
of a