§ 32-11. Board of Ethics., Chapter 32. Ethics, Code of, Part I. Administrative Legislation, Code of Ordinances, Newington

Membership.

(1)

There is hereby established a Board of Ethics which shall consist of seven members consisting of two Democrats, two Republicans, and three unaffiliated or other party persons appointed by the Town Council for terms of four years. Four members shall be appointed for terms expiring on November 30 in an even-numbered year, and three members shall be appointed for a term expiring on November 30 in an odd-numbered year.

(2)

There shall be two alternate members of the Board of Ethics. One alternate shall be appointed for a term expiring on November 30 in an even-numbered year, and one alternate shall be appointed for a term expiring on November 30 in an odd-numbered year. All alternates shall be appointed for a period of four years.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Eligibility.

(1)

No member of said Board shall hold or campaign for any public office, be a public official, or be a political party Town committee officer, as defined in § 32-2.

(2)

A member or an alternate member who within the last three years prior to receipt of a complaint shall have held public office or was a candidate for public office for the board or committee or commission involved in that complaint shall not participate in the investigation or hearing of that complaint.

Vacancy. Any vacancy on the Board shall be filled for the unexpired portion of the term appointed by the Town Council. An individual selected to fill the vacancy shall be eligible for appointment thereafter.

Chairperson; quorum; calling meetings. The Board shall elect its own Chairperson who shall preside at meetings of the Board and a Vice Chairperson to preside in the absence of the Chairperson. Four members of the Board shall constitute a quorum, and four votes of the Board shall be required for action of the Board. The Chairperson or any three members may call a meeting.

Powers and duties. The Board shall have all duties provided within this article and shall have the authority to recommend action to the Town Council, the Town Manager, the Board of Education or the Superintendent of Schools.

Duties of Board regarding reports and memoranda. The Board shall:

(1)

Preserve memoranda and statements and reports filed by and with the Board for a period of five years from the date of receipt;

(2)

Report annually, prior to December 31, to the Town Council summarizing the activities of the Board.

Complaint procedure and time limits; notice of investigation; hearings; attorneys' fees; damages for complaints without foundation.

(1)

Complaint. Upon receipt of a written complaint from any person on a form prescribed by the Board, signed under penalty of false statement, the Board shall notify the complainant, by registered or certified mail, of the receipt of the complaint within five days of receiving said complaint. Within 15 business days of receipt of the written complaint, the Board shall meet to determine if there is sufficient evidence to warrant an investigation. If the Board, by a vote of four members, determines that the complaint does not merit investigation, the complaint shall be dismissed and notice of dismissal shall be mailed, registered or certified mail, to the complainant within five business days.

(2)

Investigation.

(a)

If the Board finds that the complaint has sufficient evidence to warrant an inquiry, the Board shall notify within five business days, by registered or certified mail, the complainant and any respondent against whom such complaint is filed. A copy of such complaint shall accompany such notice.

(b)

The Board shall have the power to hold hearings, administer oaths, examine witnesses, receive oral and documentary evidence, subpoena witnesses under procedural rules adopted by the Board to compel attendance before the Board and to require the production for examination by the Board of any books and papers which the Board deems relevant in any matter under investigation or in question. In the exercise of such powers, the Board may use the services of the local police, who shall provide the same upon the Board's request. In the event of a hearing during the investigation, the complainant and the respondent shall have the following rights:

[1]

To appear before the Board and be heard;

[2]

To be represented by legal counsel; and

[3]

To examine and cross-examine witnesses.

(c)

In addition, any witness appearing before the Board shall have the right to be represented by legal counsel.

(d)

The Board shall make no finding that there is probable cause to believe the respondent is in violation of any provision of this chapter except upon the concurring vote of four of its members.

(3)

Post-probable-cause hearing.

(a)

After its investigation, the Board shall notify the respondent and the complainant within three business days of the termination of its investigation of its finding and a summary of its reasons for making that finding. If the Board finds that probable cause of a violation exists, it shall make public its finding no later than five business days after the termination of its investigation, and at said time the entire record of the investigation shall become public. The Board may postpone examination or release of such records for 14 days after termination of its investigation for the purpose of reaching a stipulation agreement pursuant to C.G.S. § 4-177(c). Thereafter the Board shall initiate public hearings to determine whether there has been a violation of this chapter. At such hearing, the Board shall have the same powers as under Subsection G(2) of this section. The respondent shall have the right to be represented by legal counsel, the right to compel attendance of witnesses and the production of books, documents, records and papers and to examine and cross-examine witnesses. In addition, any witness appearing before the Board shall have the right to be represented by legal counsel.

(b)

The Board shall make a record of all proceedings pursuant to this subsection. The Board shall find no person in violation of any provision of this chapter except upon the concurring vote of four of its members.

(c)

If the Board finds after a hearing pursuant to this section that a public official or Town employee has not violated a provision of the chapter, the Board shall dismiss the case. The Board shall notify the respondent and the person who signed the written complaint pursuant to Subsection G(1) of this section of its decision within 15 business days.

(4)

If any complaint brought under the provisions of this chapter is made with the knowledge that it is made without foundation in fact, the respondent shall have a cause of action against the complainant who signed the written complaint pursuant to Subsection G(1) of this section for damages caused thereby, and if the respondent prevails in such action, he may be awarded by the court the costs of such action together with reasonable attorney's fees.

(5)

Complaints must be made under this section within one year after the violation alleged in the complaint has been committed.