A. Statement of Purpose
87. Public office is a public trust. The trust of the public is essential for government to function effectively. Public policy developed by Officials affect every citizen of the municipality, and it must be based on honest and fair deliberations and decisions. This process must be free from threats, favoritism, nepotism, undue influence, and all forms of impropriety so that the confidence of the public is not eroded. By setting forth this Statement of Purpose, the Town of Hamden seeks to articulate a policy that will continually strive to maintain and increase the confidence of our citizens in the integrity and fairness of their government. Public Officials and employees must discharge their duties impartially so as to assure fair competitive access to government procurement by responsible contractors. In turn, those contractors should conduct themselves in such a manner as to foster public confidence in the integrity of the competitive process. In all cases, the reality and appearance of impropriety should be addressed by the Conflict of Interest Policy and Ethics Ordinance.
B. Conflict of Interest Policy and Ethics Ordinance
88. The Town shall enact, by Ordinance, a code of ethics for all Officials and employees of the Town, whether elected or appointed, paid or unpaid, and individuals and entities seeking to and conducting business with the Town. The purpose of such code is to establish suitable ethical standards by prohibiting acts or actions incompatible with the discharge of their public duties and the best interests of the Town, and by directing disclosure of private financial interest or personal interest
89 in matters affecting the Town by such elected and appointed Officials or employees as well as such individuals and entities seeking to and conducting business with the Town. The Ordinance shall designate an Official to provide all Public Officials and employees of the Town with copies of the provisions of § 3-9 of this Charter and the implementing Ordinances and policies enacted hereunder, upon the commencement of their public service and/or employment.
(1) The Council shall enact a code of ethics by Ordinance (and amendments thereto) following public review and comment by the Board of Ethics, in a manner consistent with the provisions of this Charter90.
(2) Recusal
91. The Official or employee filing a disclosure under this Charter or Ordinance with the Town Clerk shall refrain from voting, participating or acting on matters which are the subject of such disclosures.
(3) Violation. In addition to any remedies or penalties set forth in the Ordinance effectuating this provision of the Charter, any finding of a violation by the Board of Ethics, as set forth in § 7-2.C(5) of this Charter:
(a) shall render any action, including but not limited to any contract or agreement involved voidable at the option of the Town92;
(b) may result in the discipline of Officials and employees in accordance with the provisions of this Charter and Ordinances93; and,
(c) may result in disqualifying individuals or entities from engaging in business with the Town for a period of time to be established by Ordinance94.
C. Conflict of Interest and Corrupt Practices
95. No Official shall violate the provisions of the General Statutes
96, this Charter or Ordinances pertaining to conflicts of interest and corrupt practices
97. The Ordinance required by § 3-9.B of this Charter shall define and set forth the parameters of conflicts of interest and corrupt practices
98.
86 2011 modification of 1983 Charter § 19-3.
87 Charter Revision of 2011.
88 Charter Revision of 2011.
89 In lieu of 1983 Charter § 19-3 (first sentence).
90 2011 modification of 1983 Charter § 19-3 (fifth sentence) which reads, as follows: “The Council may, in accordance with the provisions of § 3-5, by ordinance, supplement the provisions of this section.”
91 2011 modification of 1983 Charter § 19-3 (second sentence) by repealing the following: “...involving said contract with or sale to the Town as aforesaid” and adding “participating” to the delineation.
92 2011 modification of 1983 Charter § 19-3 (fourth paragraph) by replacing “instance” with “option.”
93 Charter Revision of 2011.
94 2011 modification of 1983 Charter § 19-3, by (1) broadening the standard to any actions (including contracts and agreements); (2) adding the following “...and may result in the discipline of public officials and employees in accordance with the provisions of this Charter and Ordinances”; and, (3) adding the following “...(c) may result in disqualifying individuals or entities from engaging in business with the Town for a period of time to be established by Ordinance.”
95 Consistent with 1983 Charter § 19-3 (first sentence) by deleting the following language: “No member of the Council or other Official or employee of the Town shall have any financial interest, direct or indirect, in any contract with the Town or in the sale to the Town of any supplies, materials, services, land, building or equipment, except on behalf of the Town as an Official or employee thereof unless such member shall file with the Town Clerk a written statement setting forth fully the nature and extent of such member’s interest therein.”
96 Among the provisions is C.G.S. § 7-148h(b): Notwithstanding the provisions of any special act, municipal charter or ordinance to the contrary, an elected official of any town, city, district or borough that has established a board, commission, council, committee or other agency under subsection (a) of this section, has an interest that is in substantial conflict with the proper discharge of the official’s duties or employment in the public interest and of the official’s responsibilities as prescribed by the laws of this state, if the official has reason to believe or expect that the official, the official’s spouse or dependent child, or a business with which he is associated, as defined in § 1-79, will derive a direct monetary gain or suffer a direct monetary loss, as the case may be, by reason of the official’s official activity. Any such elected official does not have an interest that is in substantial conflict with the proper discharge of the official’s duties in the public interest and of the official’s responsibilities as prescribed by the laws of this state, if any benefit or detriment accrues to the official, the official’s spouse or dependent child, or a business with which he, his spouse or such dependent child is associated as a member of a profession, occupation or group to no greater extent than to any other member of such profession, occupation or group. Any such elected official who has a substantial conflict may not take official action on the matter.
97 Charter Revision of 2011.
98 Consistent with 1983 Charter § 19-3 (third sentence) by deleting the following language: “...No member of the Council or other Official or employee of the Town shall solicit or accept any compensation of gratuity in the form of money or otherwise from any person, firm or corporation, which might tend to influence the discharge of the duties of such member, provided that nothing herein shall prohibit an Official or employee of the Town from accepting a publicly offered reward for meritorious conduct.”