(A) Contemporaneous employment prohibited.
(1) Except as may be permitted by regulations or rulings of the Board of Ethics, it shall be a violation of this chapter for any public official, employee or member of a board or commission who is participating directly or indirectly in the procurement process, as set forth in Chapter 38 of this code (including those participating in exempt transactions), to become or be the employee of any person contracting with the governmental body by whom the employee is employed.
(2) Notice of this provision shall be provided in the solicitation documents, purchase orders or contracts prepared in accordance with Chapter 38.
(B) Restrictions on former public officials or employees in matters connected with their former duties.
(1) Permanent disqualification of former public officials or employees personally involved in a particular matter. It shall be a violation of this chapter for any former public official, employee or member of a board or commission knowingly to act as a principal, or as an agent for anyone other than the city, in connection with any of the following, in which the public official, employee or member of a board or commission participated personally and substantially through decision, approval, disapproval, recommendation, rendering of advice, investigation or otherwise while a public official, employee or member of a board or commission, where the city is a party or has a direct and substantial interest:
(a) Judicial or other proceeding, application, request for a ruling or other determination;
(b) Contract;
(c) Claim; or
(d) Charge or controversy.
(2) One year representation restriction regarding matters for which former public officials, employees or members of a board or commission were officially responsible. It shall be a violation of this chapter for any former public official, employee or member of a board or commission, within one year after cessation of that person's responsibilities on behalf of the city, to knowingly to act as a principal, or as an agent for anyone other than the city, in connection with any of the following, in matters which were within that person's official responsibility, where the city is a party or has a direct or substantial interest:
(a) Judicial or other proceeding, application, request for a ruling or other determination;
(b) Contract;
(c) Claim; or
(d) Charge or controversy.
(C) Disqualification of business when a public official, employee or member of a board or commission has a financial interest. It shall be a violation of this chapter for a business in which a public official, employee or member of a board or commission has a financial interest to knowingly to act as a principal, or as an agent for anyone other than the city, in connection with any of the following in which that person either participates personally and substantially through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, or which is the subject of that person's official responsibility, where the city is a party or has a direct and substantial interest:
(1) Judicial or other proceeding, application, request for a ruling or other determination;
(2) Contract;
(3) Claim; or
(4) Charge or controversy.
(D) Selling to the city after termination of employment is prohibited.
(1) It shall be a violation of this chapter for any former public official or employee to engage in selling or attempting to sell supplies, services or construction to the city for one year following the date employment ceased if he served in the following capacities: department head; member of the Department of Purchasing; position responsible for purchasing by a using agency; or, any supervisory or management position.
(2) The term
SELL, as used herein, means signing a bid, proposal or contract; negotiating a contract; contacting any employee for the purpose of obtaining, negotiating or discussing changes in specifications, price, cost allowances or other terms of a contract; settling disputes concerning performance of a contract; or any other liaison activity with a view toward the ultimate consummation of a sale although the actual contract therefor is subsequently negotiated by another person; provided, however, that, this section is not intended to preclude a former public official or employee from accepting employment with private industry solely because the former public official or employee's employer is a contractor with the city, nor shall a former public official or employee be precluded from serving as a consultant to the city.
(E) Nepotism in municipal employment.
(1) The City of Waterbury and its employees shall adhere to the highest ethical standards and shall avoid unmerited favoritism toward relatives. This policy shall not be construed to unnecessarily exclude qualified applicants from municipal employment.
(2) The city shall recruit and select employees based upon their qualifications and merit, and the city's requirements. City officials, department heads and management employees shall not participate in, or influence employment decisions directly affecting their relatives, but may participate in decisions affecting their relatives as members of broad groups or classes of employees. Relatives of city officials, department heads or management employees shall be hired, transferred or promoted only after disclosure to the Human Resource Director, and approval by the Civil Service Commission pursuant to division (E)(5)(b) below.
(3) Unless disclosed to the Human Resources Director, and approved by the Civil Service Commission pursuant to division (E)(5) below, no person will be hired, promoted or transferred into a department in which a relative is employed if:
(a) The relative occupies a position in the supervisory hierarchy under which the person would work, and
(b) The relative could influence employment and personnel decisions affecting the person.
(4) For purposes of this division (E), the term RELATIVE
means spouse, parent, grandparent, child, grandchild, brother, sister, aunt, uncle, niece, nephew or corresponding in-law or "step" relation.
(5) Employees shall disclose situations that conflict with the conditions stated in division (E)(3) above to the Human Resources Director within 15 calendar days of occurrence.
(a) The following events must be reported under this division:
1. If employees become relatives by marriage or adoption during the course of their employment, then the marriage or adoption is a reportable event.
2. The acceptance of an offer of employment, including voluntary or involuntary transfer or promotion, that conflicts with the conditions stated in division (E)(3) above is a reportable event.
(b) Within 15 days after receipt of disclosure pursuant to this division (E)(5), the Human Resources Director shall notify the appointing authority of the affected employees and direct the appointing authority to draft an employment plan addressing the conflict. The draft employment plan shall be submitted to the Civil Service Commission by the appointing authority within 30 days of the appointing authority's notification by the Human Resources Director. Within 30 days after submission thereto, the Civil Service Commission shall review the draft employment plan and may recommend amendments as it deems appropriate. The Civil Service Commission can either approve the plan or amended plan, or deny the plan or amended plan. An approved employment plan shall be immediately implemented. If the Civil Service Commission denies the plan or the amended plan, the Civil Service Commission shall promulgate an employment plan addressing the conflict, which shall be immediately implemented. If the Civil Service Commission has taken no action more than 30 days after it was submitted, the draft employment plan submitted by the appointing authority is approved by default.
(c) Notwithstanding a conflict with divisions (E)(2) or (3) above, a person may be conditionally hired, promoted or transferred into a department in which a relative is employed prior to approval of the employment plan by the Civil Service Commission, provided a proper disclosure is made to the Director of Human Resources, and conditioned upon compliance with the plan subsequently approved by the Civil Service Commission.
(d) The failure of an employee to report a reportable event as required by this division is grounds for disciplinary action, including involuntary transfer, reassignment, or termination of employment.
(Ord. passed 8-11-2003; Ord. passed 5-6-2013)