Berlin Ethics Code and Policy Overview
Overview of the Berlin Ethics Code and Policy including applicable laws, town charter regulations, purpose, definitions, board of ethics duties, investigation procedures, penalties, conflict of interest standards, financial interests disclosure, and policy distribution.
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Presentation Transcript
BERLIN ETHICS CODE/POLICY: AN OVERVIEW December 14, 2020
INTRODUCTION: APPLICABLE LAWS Berlin Town Charter: Code of Ethics Berlin Ethics Policy Connecticut General Statutes Berlin Town Charter: Other Provisions
TOWN CHARTER: BERLIN CODE OF ETHICS Chapter 9 (pages 40-42) of Town Charter Section 9-1: Definitions of terms used in the Code Section 9-2: Purpose of the Code Section 9-3: Conflict of Interest Section 9-4: Standards of Conduct Section 9-5: Administration of the Code by the Board of Ethics; How to file a Complaint; Board of Ethics Processing of Complaints; Confidentiality; Probable Cause Determination; Hearing on the Merits; Appellate rights Section 9-6: Applicability of Provision
BERLIN ETHICS POLICY Purpose: public trust; effective government; free from favoritism, undue influence and all forms of impropriety; increase confidence in integrity and fairness of gov t. Section 1-1: Definitions: Business; Business with which he/she is associated; Confidential Info; Conflict of Interest; Gift; Immediate family; Personal Interest; Public Official Section 1-2: Board of Ethics: qualifications; code for the Board members Section 1-3: Duties of the Board of Ethics: Section 1-4: Investigation of Complaints: submitted under oath to Town Clerk; Prompt processing; Confidentiality; Probable Cause determination Section 1-4: hearing on the merits only if probable cause found; process for hearings; two year limitation period; cannot retaliate or threaten retaliation
BERLIN ETHICS POLICY Section 1-5: Confidentiality; publication of findings by Board Section 1-6: Penalties Section 1-7: Conflicts of Interest/Standards of Conduct: Prohibited transactions; recusal; use of Town resources; contract prohibition; financial benefit; misuse of position; no solicitation; no bribes; gifts. Section 1-8: consultants/ vendors: prohibited transactions Section 1-9: Former Employees/Officials: prohibited transactions/dealings Section 1-10: Statements of Financial Interests: All elected officials, department heads/management employees with purchasing authority, Tax Collector, Assessor, Purchasing Agent, BAA, Town Atty and anyone else designated by Town Manager; Contents of Disclosure
BERLIN ETHICS POLICY Section 1-10: Requirements for Filing of Statement of Financial Interests: Town Clerk mails to existing personnel covered by (a)(1) and HR provides to new employees; noncompliance Section 1-11: Distribution of Ethics Policy: Town Manager Police Department employees exempted per TC resolution 12/18
CONNECTICUT GENERAL STATUTES Code for Ethics for Public Officials: C.G.S. Sections 1-79 et seq. applies to state-wide elected officers, state appointees, various others. C.G.S. 7-148h(a) provides, in pertinent part, that Any town, city, district, as defined in section 7-324, or borough may, by charter provision or ordinance, establish a board, commission, council, committee or other agency to investigate allegations of unethical conduct, corrupting influence or illegal activities levied against any official, officer or employee of such town, city, district or borough. The provisions of subsections (a) to (e), inclusive, of section 1-82a shall apply to allegations before any such agency of such conduct, influence or activities, to an investigation of such allegations conducted prior to a probable cause finding, and to a finding of probable cause or no probable cause.
CONNECTICUT GENERAL STATUTES Town of Berlin: pursuant to Chapter 9 of its Charter, adopted a Code of Ethics, established a Board of Ethics pursuant to C.G.S. 7-148h and adopted an Ethics Policy. C.G.S. 7-148h(a) expressly provides that C.G.S. 1-82a applies to complaints filed with the Board of Ethics. C.G.S. 1-82a(a), provides, in pertinent part: Unless probable cause found, a complaint alleging a violation shall be confidential except upon the request of the respondent. Any information supplied to or received shall not be disclosed to any third party.
CONNECTICUT GENERAL STATUTES C.G.S. 1-82a(b) provides, in pertinent part: An investigation conducted prior to a probable cause finding 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 Office of State Ethics shall not be disclosed during the investigation to any third party by a complainant, respondent, witness, designated party, or board or staff member of the Office of State Ethics. * FOIC decisions have been clear and consistent: confidentiality maintained unless probable cause found.
TOWN CHARTER: OTHER PROVISIONS Although not part of the Code of Ethics, there are quasi ethics provisions elsewhere in the Town Charter. The whole Town Charter is obviously the organic law of the Town. For example: Section 3-11: Power of the TC to remove appointive officials Section 4-4-1: Board of Finance: Qualification of Members Section 5-3: Duties of Town Manager Section 5-4: Removal of Muni Employees Section 5-5: Purchasing Section 6-10-7: Financial Expenditures
