TOWN OF MANSFIELD
Ethics Board
Thursday, April 30, 2009
Audrey Beck Municipal Building, Conference Room C
4:30pm
Minutes
Members Present: Mike Sikoski, David Ferrero, Nancy Cox, Lena Barry, Win Smith, Nora Stevens
Staff Present: Maria Capriola, Assistant to Town Manager
I. APPROVAL OF MINUTES FROM 4/16/09
A motion was made by Mr. Sikoski and seconded by Ms. Cox to adopt the minutes of April 16, 2009 as presented. The minutes were approved unanimously as presented.
II. PUBLIC COMMENT
None.
III. CHAIRPERSON’S REPORT
Mr. Sikoski stated that he would like to have FOI training for the Ethics Board on May 7, 2009; the training would be conducted by the FOI Commission. Discussion occurred on the matter. Ms. Stevens made a motion, seconded by Mr. Ferrero to ask Ms. Capriola to research the feasibility of moving the FOI training that she and Ms. Stanton are coordinating to June, 2009; all were in favor and the motion passed. Board members agreed that the May 7th training was not needed as a result.
V. DISCUSSION ON ETHICS CODE
The Board continued to review and discuss Ms. Cox’s suggestions regarding the Ethics Code. Recommended changes and pending items for further discussion are attached to these minutes. At the 4/30 meeting the following decisions were made:
· Add definition of “appear” to 25.3 (all in favor);
· Add definition of “conflict of interest” to 25.3 (all in favor);
· Revise definition of “interest in a personal and financial sense” to 25.3 (all in favor);
· Revise definition of “official” to 25.3 (all in favor);
· Add definition of “outside employer” to 25.3 (all in favor);
· Add definition of “subordinate” to 25.3 (all in favor);
· Revise language in 25.4A, use of town assets (Smith, Cox, Sikoski, Ferrero in favor, Stevens abstention);
· Revise language in 25.4B to include “special consideration”, “representation”, “appearances”, “political solicitation”, “patronage”, and “nepotism” (all in favor).
VI. FUTURE AGENDAS AND MEETING SCHEDULE
The next meeting will be held May 14, 2009 at 4:30pm
VII.ADJOURNMENT
The meeting adjourned at 6:24 pm.
Respectfully Submitted,
Maria E. Capriola,
Assistant to Town Manager
Notes on Recommended Changes Decided Up To the 4/30/09 meeting:
[HISTORY: Adopted by the Town Council of the Town of Mansfield 6-26-1995, effective 8-7-1995. Amendments noted where applicable.]
§ 25-1. Title.
This chapter shall be known and may be cited as the "Code of Ethics."
§ 25-2. Purpose.
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The purpose of these
standards is to guide town officials, elected and appointed, town employees
and citizens by establishing standards of conduct |
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Good government depends on decisions which are based upon the merits of the issue and are in the best interests of the town as a whole, without regard to personal gain. |
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In pursuit of that goal, these standards are provided to aid those involved in decisionmaking to act in accordance with the public interest, use objective judgment, assure accountability, provide democratic leadership and uphold the respectability of the government. |
§ 25-3. Definitions.
As used in this chapter, the following words or phrases shall have the meanings ascribed to them in this section:
A. APPEAR— Any form of communication including: in person, through another person, by letter, by telephone or by electronic media.
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CONFIDENTIAL INFORMATION —
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CONFLICT OF INTEREST - An official or employee may not use his or her position/office in a manner which he or she knows may result in a personal or financial benefit, not shared with a substantial segment of the town's population, for any of the following: a) himself or herself; b) a member of his or her household; c) an outside employer/business of his or hers, or of a member of his or her household; d) a customer or client; e) person or entity from whom the official has received an election campaign contribution totaling more than $200 in the aggregate during the past election cycle (this amount includes contributions from a person's immediate family or business); f) a substantial debtor or creditor of his or hers, or of members of his or her household; or g) a nongovernmental civic group, union, social, charitable, or religious organization of which he or she (or a member of his or her household) is an officer or director. EMPLOYEE — Any person receiving a salary, wages or compensation from the town for services rendered. |
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IMMEDIATE FAMILY — Any parent, brother, sister, child spouse or co-habitating partner of an individual as well as the parent, brother, sister or child of said spouse or co-habitating partner, and the spouse or co-habitating partner of any such child or any dependent relative who resides in said individual's household. |
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INTEREST IN A PERSONAL OR FINANCIAL SENSE — A relationship in which a direct or indirect personal or financial benefit might be received. "Financial benefit" includes: money, service, entertainment, or any promise of these or anything else of value. This term does not include campaign contributions authorized by law. For the purpose of this Code, the same meaning as the courts of this state apply, from time to time, to the same phrase as used in §§ 8-11 and 8-21, C.G.S. 2. MINISTERIAL ACT--An action performed without the exercise of judgment or discretion as to the propriety of the act. An example of a ministerial act is the granting of a marriage license by a town clerk. [MEC1] |
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OFFICIAL — Any person holding elective or appointive town office, paid or unpaid, including members and alternate members of town agencies, boards and commissions, and committees appointed to oversee the construction or improvement of town facilities, or any other board, commission or agency that perform legislative or judicial functions or exercise financial authority (collectively hereinafter referred to as "body")."Official or employee" does not include a judge, justice, or official or employee of the court system. OUTSIDE EMPLOYER OR BUSINESS—This term includes: any substantial business activity other than service to the town; any entity of which the official/employee is a member, official, or employee, and from which he or she receives compensation; any entity located in the town or which does business with the town, in which the official/employee has an ownership interest; and any entity to which the official or employee* owes, or is owed, more than $10,000. For purposes of this definition, "compensation" does not include reimbursement for expenses. SUBORDINATE--Another official/employee whose activities an official or employee directs/supervises. |
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§ 25-4. Guidelines established.
If an official or employee is speaking before a body as an elector during public comment, said person shall disclose their name, address, and public affiliation, regardless of whether the affiliation is indirect or direct to the matter in which the person is speaking.
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Use of town assets. No official or employee shall use or permit the use of town funds, services, property, equipment, owned or leased vehicles or materials for personal convenience or profit, except when such services are available to the public generally or are provided in conformance with established written town policies for the use of such officials or employees. This applies not only to objects such as cars and trucks, but also to travel and other expense reimbursements, which may not be spent on anything but official business. |
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Fair and equal treatment.
1. Special Consideration--No official or employee shall grant or accept any special consideration, treatment or advantage to or from any person beyond that which is available to every other person.
2. Representation--An official/employee may not represent any other person or entity before the town, nor appear in any matter not before the town, but against the interests of the town. However, it is acceptable for elected officials to represent constituents without compensation in matters of public advocacy. Volunteer members of established boards and commissions may represent persons and entities before, or appear before, any town department, agency, board, or commission other than their own.
3. Appearances--An official or employee may not appear before any town department, agency, board or commission, except on his or her own behalf or on behalf of the town. Every time an official or employee appears or when he or she writes a letter to the editor or other publicly distributed correspondence regarding the Town, he or she is required to disclose whether he or she is appearing in an official capacity or as a private citizen. If the speech or writing is in response to criticism or other communication directed at his or her official role, the official/employee may respond only in his or her official role.
4. Political Solicitation--An official/employee may not request, or authorize anyone else to request, that any subordinate participate in an election campaign or make a political contribution. Nor may he or she engage in any political activity while on duty for the town, or with the use of town funds, supplies, vehicles, or facilities.
5. Patronage--No official or employee may use his or her influence to obtain an appointment of another person to any position as a reward for political activity or contribution.
6. Nepotism--No official or employee may appoint or hire a member of his or her household to any type of employment with the town without first obtaining a waiver pursuant to XXXX. No official or employee may supervise or be in a direct line of supervision a member of his or her household. If an official or employee comes into a direct line of supervision of a member of his or her household, he or she will have six months to obtain a waiver. |
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Conflict of interest.
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§ 25-6. Organization and procedure.
The Board of Ethics shall elect a Chair, Vice Chair, and Secretary
annually. Rules and procedures shall be established. Confidentiality must be
maintained in order to protect the privacy of public officials, employees and
citizens, including the provisions of Sec 1-82(a)-(f) of the Connecticut
General Statutes. The Board shall keep records of its meetings, planning to
meet at least four times a year and at such other times as deemed necessary by
any member. Chairperson and a Secretary and
shall establish its own rules and procedures, which shall be available to any
elector of the town through the Town Clerk's office. Rules and procedures shall
be established within six (6) months of the initial appointment of all members
and alternates. The need to maintain confidentiality in order to protect the
privacy of public officials and employees and citizens [including the
provisions of § 1-82a(a) through (f), C.G.S.] shall be considered when
establishing the rules and procedures. The Board shall keep records of its
meetings and shall hold meetings at the call of the Chairperson and at such
other times as it may determine. Practices regarding
recordkeeping, release of documents, and notice of meetings will be consistent
with Connecticut general statutes pertaining to freedom of information and
ethics boards.
Provision for Filling Vacancies of the Board
Requirement for the Ethics Code to be reviewed and updated at least every five years.
Duties of Town Clerk.
The Town Clerk must maintain on file for public inspection and, with respect to disclosure statements, index in alphabetical order by the last name of the relevant official, employee, candidate, or applicant the following documents:
(1) A copy of the code of ethics and amendments thereto;
(2) A statement that the town has established an Ethics Board, and its composition;
(3) A copy of the form of annual statement of financial disclosure;
(4) A list of the names and offices, or positions, of all officials and employees required to file annual disclosure statements;
(5) Copies of all transactional, applicant, and annual disclosure statements filed pursuant to this code.
6. Maintenance of Records of the Ethics Board
Maintenance of Disclosure Statements.
1. The Town Clerk must transmit promptly to the Ethics Board copies of each transactional and applicant disclosure statement filed pursuant to this code.
2. The Ethics Commission must index and maintain on file for at least seven years all disclosure statements filed with it pursuant to this code.
Public Inspection of Records; Public Access to Meetings.
1. Unless otherwise stated in this code, the records of the Ethics Board will be available for public inspection. Records available for public inspection include all disclosure statements, advisory opinions (with names and other necessary details omitted to protect anonymity, unless the requesting party states otherwise in writing), all requests for waivers and related papers and decisions, and all papers filed and all decisions made in an Ethics Board proceeding after a finding, formally or presumed, of probable cause.
2. After a finding, formally or presumed, of probable cause, all hearings before the Ethics Board concerning alleged misconduct will be open to the public. All meetings, or parts of meetings, of the Ethics Board that are not directly related to an investigation or other consideration of complaints prior to a finding of probable cause will be open to the public.
§ 25-7. Powers and duties.
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Advisory Opinions. The Board of Ethics shall render advisory opinions with
respect to the applicability of this Code of Ethics in specific situations to any body,
or any official, employee or elector pursuant to a written request or upon
its own initiative. Advisory opinions for the purposes of this code
shall be defined as an official, employee, or body of the town seeking an
advisory opinion with respect to whether his, her, or its own action might
violate a provision of this code. The Board may also issue
guidelines on |
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Inquiries. Any member of the public may submit an inquiry asking whether a current official or employee has failed to comply with the Code or asking about the appropriateness of conduct. An individual initiating an inquiry must do so in writing and in conformance with procedures established by the Board. The initiating individual must sign the form under penalty of false statement. The Board may itself initiate an inquiry regarding a possible violation of the Code. |
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Complaints. The Board shall establish procedures by which the public may initiate complaints alleging violations of this Code. The Board itself may also initiate such complaints. The Board shall have the power to hold hearings concerning the application of this Code and its violation and may administer oaths and compel attendance of witnesses by subpoena. Such hearings shall be closed to the public unless the respondent requests otherwise. If the Board determines the respondent has, in fact, violated the provisions of this Code, it shall file a memorandum of decision which may include a recommendation for action, with the Town Council or other appropriate body. The recommended action may include reprimand, public censure, termination or suspension of employment, removal or suspension from appointive office or termination of contractual status, except that no action may be recommended which would violate the provisions of the state or federal law. In the case of union employees, such recommended action does not constitute a unilateral change in conditions of employment. No such recommendation shall limit the authority of the Town Council under the Charter of the town or under any ordinance, statute or any other law. Any discussion by the Town Council or other body of an individual affected by the memorandum of decision shall be in executive session, unless the individual affected requests that such discussion be held in open session.
Upon the finding of a violation of the Ethics Code, the Town Council shall review and respond within 90 days to the Ethics Board with a statement of the disposition of the case. [MEC7] |
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Any complaint received by the Board must be in writing and signed under oath by the individual making said complaint, under penalty of false statement (C.G.S. § 53a-157b). |
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Correspondence. The Board welcomes and encourages communications from the public regarding ethics issues relevant to this code, even if they do not fall within the categories of an advisory opinion, inquiry, or complaint. Communications will be handled on a case-by-case basis and at the discretion of the Board. The Board will take appropriate steps in an effort to increase public and officials’ awareness of this Code of Ethics.
1. Upon written application and a showing of compelling need by the applicant, at an open session after public notice, the Ethics Commission may in exceptional circumstances grant the applicant a waiver of subsections [Here we have to specifically list the sections of the code for which a waiver may be sought.] 2. Waivers must be in writing and must state the grounds upon which they are granted. Within ten days after granting a waiver, the Ethics Commission must publish a notice setting forth the name of the person or entity requesting the waiver and a general description of the nature of the waiver in the official newspaper designated by the town for legal notices. All waiver applications, decisions, and other records and proceedings relating to waivers will be indexed and maintained on file by the Ethics Commission.[MEC8] |
§ 25-8. Annual report.
Each year, at a time to be
determined by the Board, it shall prepare and submit to the Town Council an
annual report of its actions during the preceding twelve (12) months and its
recommendations, if any. Additional reports, opinions and recommendations may
be submitted by the Board to the Town Council at any time. In all such
submissions, the Board shall be scrupulous in its avoidance of the undue invasion of the personal privacy of any
individual.
§ 25-9. Distribution of Code of Ethics, Training
In order that all public
officials and employees are aware of what constitutes ethical conduct in the
operations of the government of the Town of Mansfield, the Town Clerk appropriate officials
shall cause a copy of this Code of Ethics to be distributed to each and every official
The Ethics Board will hold an annual workshop for new and old officials and employees to discuss this code, its values and goals, its enforcement, and the ways in which it has affected their work and the working of the town government.
and employee of the town.
§ 25-10. Appeals.
A decision by the Board of Ethics may be appealed in the manner allowed by the general statutes.
§ 25-11. Severability; conflicts with other provisions.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. Furthermore, should any such provisions of this chapter conflict with any provisions of the Personnel Rules of the Town of Mansfield, the collective bargaining agreements of the Town of Mansfield or the Connecticut General Statutes, the relevant provisions of the Personnel Rules, collective bargaining agreements and/or the Connecticut General Statutes shall prevail.
APPENDIX A Sample Annual Disclosure Statement
Annual Disclosure Statement for 2009
Town of Mansfield, Connecticut
___________________________________________________________
Last Name First Name Initial
___________________________________________________________
Title Department, Agency, or Body
___________________________________________________________
Work Address Phone No. Home Address Phone No.
If the answer to any of the following questions is "none," please so indicate. If you have more than one entry for any of the sections, please fill out separate sheets and attach to these sheets. If you could not obtain the required information from a spouse or other relative, set forth your efforts to obtain information on a separate sheet attached to this statement.
1. Real Estate.
List the address or, if there is no address or if the address provides insufficient information to describe a large piece of property, description of each piece of real property in this town, or within one mile outside its boundaries, that you, your spouse, or other relative own or have a financial interest in. "Relative" means your spouse, child, step-child, brother, sister, parent or step-parent, or a person you claimed as a dependent on your latest state income tax return.
___________________________________________________________________
Name of Relative and Relationship to You
___________________________________________________________________
Address or Description of Real Estate
__________________________________________________________________
Type of Financial Interest (e.g., owns or partnership)
2. Your Outside Employers or Businesses.
List the names and address of the principal or local office of any outside employers or businesses from which you receive compensation for services rendered or goods sold or produced, or of which you are a member, official, or employee. Also include any entity in which you have an ownership interest, except a public corporation of which you own less than five percent of the outstanding stock or stock valued at less than $50,000, whichever is less (such a public corporation need be listed only if it does business with or in the town). Identify the type of entity (e.g., partnership, corporation, self-employment, or sole proprietorship), and list your relationship to the employer or business (e.g., employee, owner, partner, official, director, member, or shareholder).
____________________________________________________________________
Name of Employer or Business
____________________________________________________________________
Nature of Business Type of Entity
Your Relationship to Employer or Business
3. Your Spouse's or Domestic Partner's Employer or Business.
List the information in question 2 for your spouse or domestic partner.
____________________________________________________________________
Name of Employer or Business
____________________________________________________________________
Nature of Business Type of Entity
_
________________________________________________________________
Relationship to Employer or Business
4. Employed Relatives.
List the names and addresses of all relatives employed, directly or indirectly, as employees, contractors, or consultants, by the town during the prior year. See 1 above for definition of "relative."
____________________________________________________________________
____________________________________________________________________
Date: ______________________________________________________________
Signed: _____________________________________________________________