(A) Any person may file a written ethics concern. In the event that the ethics concern relates to the conduct of the First Selectman, the Board of Selectmen will designate an alternate (“designated alternate”).
(B) An ethics concern may be submitted in writing or communicated verbally (if appropriate) to any of the following persons:
(1) The First Selectman or designated alternate;
(2) Any board chair, department head or supervisor who shall report the concern to the First Selectman or designated alternate; and
(3) Any member of the Board of Selectmen or designated alternate if a complaint or concern involves the First Selectman personally.
(C) All matters associated with an ethics concern shall be processed confidentially unless specified by this procedure.
(D) Upon receipt of a complaint, the First Selectman or designated alternate shall evaluate the issue raised and determine if the issue raised is subject to the town ethics policy.
(1) If he or she determines that the issue raised in the complaint is not subject to this policy, the First Selectman or designated alternate shall notify the complainant and the Board of Selectmen in writing. A record of this complaint will be maintained in the office of the First Selectman.
(2) If he or she determines that the issue raised in the complaint is subject to this policy, the First Selectman or designated alternate shall:
(a) Notify the respondent (subject of the complaint) of the nature of the issue and the right to submit evidence related to the issue;
(b) Notify the complainant and the Board of Selectmen in writing that an investigation has been initiated; and
(c) Initiate an investigation relating to the issue raised by the complainant.
1. Care must be exercised to maintain the confidentiality of the investigation.
2. Investigative resources will be determined by the First Selectman, designated alternate or the Board of Selectmen.
(E) At the next regular meeting of the Board of Selectmen, the First Selectman shall advise the Board in executive session of the nature of the alleged ethics concern and the status of any investigation.
(F) If, as a result of the investigation, the First Selectman or designated alternate determines that there is not adequate evidence that an ethics violation has occurred:
(1) All parties shall be so advised confidentially by certified mail of the reasons therefor; and
(2) The Board of Selectmen shall be so advised in executive session at its next regular meeting.
(G) If the First Selectman or designated alternate determines that adequate evidence exists that an ethics violation has occurred, the Board of Selectmen shall be so advised in executive session, stating the relevant facts determined by the investigation. The parties concerned shall be permitted to be present in order to provide input.
(H) The Board of Selectmen shall consider the facts presented and shall determine whether additional action should be taken, which may include submission to the State Ethics Board.
(1) A majority of votes of the full Board of Selectmen is necessary to uphold the decision of the First Selectman or designated alternate.
(2) If the Board of Selectmen does not concur in the findings of the First Selectman, the Board shall direct the First Selectman to so notify the parties concerned, and the matter shall remain confidential.
(Ord. passed 7-12-2007)