Legislation and Administration Standing Committee of the RTM

PHONE: 860-442-0553
www waterfordctorg
FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
LEGISLATION & ADMINISTRATION COMMITTEE OF THE RTM
SPECIAL MEETING AGENDA
FEBRUARY 13, 2025 7:00 P.M.
WPD TRAINING RM (41 AVERY LANE)
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1. Establishment of quorum and call to order.
2. Public Comment.
92> VIOl aad 7
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3. Consideration and action on minutes of the Aug. 15, 2024, committee meeting.
4. Initial consideration of Review of Ethics Commission ordinances (RTC 10/7/24)
4. Update of issues previously referred to committee:
¢ Initial consideration of Review of YFSB/Senior Citizens ordinances (RTC 8/5/24)
* Review how RTM considers recommendations for committee assignments (RTC 6/6/22)
¢ Public Act 22-3, AAC Remote Meetings Under the Freedom of Information Act (RTC 2/6/23)
* Review of a “Public Comment Ordinance” (RTC 2/6/23)
* Police Commission expansion to seven members (RTC 10/2/23)
5. Tentative date for next meeting
6. Adjournment
encl: L&A Minutes 8/15/24
Ritter Letter re: Ethics Commission ordinance changes
Chptr 2.50 Ethics Commission ordinances

FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06285: 2846
PHONE: 860-442-0553
wweowaterfordctory
Legislation & Administration Committee Meeting Minutes—Aug. 15, 2024
Members Present: Susan Driscoll, Tom Dembek, Mark Campo, Ursula Moteshead
Members Absent: Christina Jessuck
Albbo Present: Anne Darling (Senior Citizens Commission)
1.
2.
5.
Call to order: Chair called the meeting to order at 7:05 p.m.
Public comment: None. [Consensus on Chair’s suggestion that Item 5 be moved ahead of Item 4, since there was an SCC
membet onsite with questions about the process and who might be able to answet or'relay L&A members’ initial questions.]
. Previous Minutes: Motion by Moreshead, second by Dembek, to approve the Sept. 18, 2023, minutes as presented.
Voice vote: Unanimous Motion passed.
. Initial consideration of Review of YFSB/Senior Citizens ordinances (RTC 8/5/24):
Chait explained that letter with the request to review the ordinances (which lay out the makeup, responsibilities, and reporting
structure for all town government) focused on determining what the 2021 changes to YFSB and SCC were and whether
revisions were needed so the ordinances were accurate. The committee would be inviting Dani Gorman and members of the
SCC to future meetings to gather information; all meetings would be open to the public; proposed revisions, if any, would go
through a public heating process before going to the RTM for a final vote.
. Initial consideration of issues previously referred:
* Review how RTM considers recommendations for committee assignments (RTC 6/6/22)
* Public Act 22-3, AAC Remote Meetings Under the Freedom of Information Act (RTC 2/6/23)
* Review of a “Public Comment Ordinance” (RTC 2/6/23)
* Police Commission expansion to seven members (RTC 10/2/23)
Brief update from members who had deliverables from the Sept. 2023 meeting regarding RIM committee appointments.
Moreshead discussed ways to increase word-of-mouth about expiring terms or mid-term openings due to resignations, including
posting information on the town website homepage to encourage volunteering to serve on the numerous boards and
commissions and perhaps links to their pages to find specifics about duties and terms. Other ideas inchuding postings on the
Town Hall, Library, and Community Centet bulletin boards, or on the Town’s facebook page, Campo explained that, after
talking to others, he no longer saw the need to alter the current process of notifying only the two major local political parties.
Brief discussion on requiring all boards and commissions to provide public comment periods, Dembek expressed concern for
the volunteers serving on those bodies, and the additional time department heads would have to wait after work-hours to
present their agenda items. Questions as to whether there are special exemptions or legal considerations for certain bodies, such
as Planning & Zoning and the Zoning Board of Appeals.
Adjourament: Motion by Moreshead; second by Campo to adjourn at 8:35 p.m. Voice vote: Unanimous.
Submitted by
Susan Driscoll, L&A Chair

PIPTEEN ROPE FERRY ROAD
PHONE, 860-442-0553
WATBREORD, CI 06385-2886
werwowaterfordctorg
Octoher 3, 2024
Mr. Paul Galdstein
Moderator, Waterford Representative Town Meeting
Waterford Town Hall
18 Rope Ferry Road
Waterford, CT 06385
Dear Mr. Goldstein,
The Waterford Ethics Gormisston at its Regular Meeting on October 1, 2024, voted to ;
respectfully requast the Representative Town Maating consider three changes,-and any other
changes that may seam appropriate, fo the Waterford Code af Ordinances,
The requested changes are:
1. Sev, 2.60,070 C be amended with the follawing added sentence! "If confidentiality is
breached atahy tme from the tiling of a complaint until a finding of the presence or lack
of probable cause, the. investigation is immediately terminated.”
2. Sec. 2.50070 be amended with the addition of appropriate enforcement language to
protect the confidentiality of complalnis.
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 conta as the result of experiences in conducting the business of the
Commission, Commission members are available to provide additional Information, as
pormissible; ard to facilitate your deliberations as needed. Floase notify me.as discussions are
scheduled or If you need additional Information,
Thank you for your time and attention,
Sincerely,
Elizabeth Ritfer 3
Chair, Waterford Ethics Commission
(860) 514-2008
Co: David Campo, Waterford Towrt Clerk
Robert Avena, Waterford Town Attorney
OO ENBIVE
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21 atte 1

Current Feb 2025
Title 2 — ADMINISTRATION AND PERSONNEL
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.
C. In recognition of these principles and pursuant to Sections 7-148(c}(10}(B) and 7-148h of the Connecticut General
Statutes, there is established a code of ethics for all town public officials and employees, whether elected or
appointed, paid or unpaid.
(R.T.M..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.
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. A nanpecuniary 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.
Cc. “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.

"Town employee” means an individual working for salary or wages from the town, including board of education
employees, whether on a part-time or full-time basis and whether the position is reviewed by personnel review
board or not, but does not include the town attorney or any public official.
“Official act or action" means any legislative, administrative, appointed, or discretionary act of any public official or
town employee or of any department, agency, board, committee, or commission of the town.
. "Person" means any individual, business, corporation, union, association, firm, partnership, committee, club, or other
organization or group of persons.
"Public official" means any elected official, including members of the board of education and board of selectmen; or
any individual, including the town attorney, appointed to any 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}}
2.50.030 - 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 all information not available to all citizens that is acquired by virtue of their position in the town
government.
Public officials and town employees shall not request, permit, or engage in the unauthorized use of town-owned
vehicles, equipment, materials, or property for personal convenience or profit.
Public officials and town employees shall not accept any gift that might reasonably tend to influence the impartial
discharge of their official acts.
. No public official or town employee shall enter into any non-bid contract with the town exceeding 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.
. 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.T.M. 22-7-20; 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, 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
iNegal 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 shail be comprised of seven resident electors, none of wham 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 far 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 term. The two alternative members may fully
participate in all hearings and discussions but may not vote unless a regular member steps aside or is not present at
the time of the vote,
A quorum of four members shall be present in order for the commission to transact the business that comes before
it.
. Notwithstanding the quorum requirement contained herein, no mare 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.
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.I.M. 1.2-7-20; R.T.M. 6-1-92 (part})
2.50.050 - Adoption of rules of procedure.
The commission shall adopt rules of procedure and regulations that it deems necessary to carry out the intent of this
chapter, and the same and any amendments thereto shall be filed in the office of the town clerk and be available for public
inspection. The discussions of the commission held in executive session are to be confidential. The minutes of the commission
are public information and, unless confidential, will be made available to the public on the town's website and through the
town clerk's office.
(R.T.M. 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 the cade 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.
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.
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, 12-7-20; 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 shal! 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.
. 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 the notice of complaint. After notifying the respondent, the
commission shall make a preliminary investigation of the validity of the complaint including interviews or discussions
with the complainant, town personnel, or members of other public or private agencies. The preliminary investigation
shall be completed within 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.
. Not later than three business days after the termination of the investigation, the commission shall inform the
complainant and the respondent and, at the discretion of the commission, the respondent's appointing authority or
elected body, of its opinion as to probable cause and provide them a summary of its reasons for forming that
opinion. Upon the respondent's request, the commission shall announce its opinion and may also announce a

summary of its reason for forming such opinion. Such an announcement shall be made, at a minimum, on the town
website.
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 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.
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.
|. 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.T.M. 12-7-20; R.T.M. 2-2-98 (part): R.T.M. 6-1-92 (part))
2.50.080 - Notice of hearing and decision.
A. All notices required under this chapter shall be sent to the complainant and the respondent by registered or certified
mail, return receipt requested.
B. In the event a hearing is held, the commission shall render a decision within 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. 6-41-92 (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 farm of findings, opinions,
and recommendations. Depending on the severity of the violation, the ethics commission's recommendations may
include reprimand, suspension, dismissal, or resignation from office,
B. If requested by the respondent and prior to submission of its report, the commission shall state its findings and
Opinions and recommendations in the respondent's presence in executive session.
C. The commission shall submit its report to the board, commission, or agency to which the respondent is responsible
and to the representative town meeting should the respondent be an elected official or an R.T.M. appointee.
D. The person or governmental body receiving the report shall consider the findings and opinions and recommendations
of the ethics commission in deciding the disposition to be made of the ethics complaint.

E. 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.
F. 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.
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 § tl; R.T.M. 6-1-92 (part))
2.50.100 - Finances and compensation.
A. The financial needs of the commission shall be funded in the same manner as those of other town boards and
commissions listed in the Town of Waterford Code of Ordinances (Section 2.24.010).
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.T.M, 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 Cade 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.
(R.T.M, 12-7-20; R.T.M. 2-2-98 (part): R.T.M. 6-1-92 (part)}
2.50.120 - Distribution of the code of ethics.
The town clerk shall cause a copy of this code of ethics and any amendments thereto to be distributed to every public
official and town employee within thirty 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. 12-7-20; R.T.M. 2-2-98 (part): R.T.M. 6-1-92 (part))