§ 2-129. Code of ethics.

(a)

Generally. The requirements herein set forth shall constitute a code of ethics establishing reasonable standards and guidelines for the ethical conduct of public officials and municipal employees. Such ethical conduct may separately involve the effect of a particular action and the intent of the parties involved, with the commission investigating and reporting on both. The following enumeration of certain activities does not eliminate unethical activities not listed in this division. Allegations of unethical conduct, corrupting influence or illegal activities levied against any municipal official, officer or employee except as hereinafter mentioned will be investigated by the commission. All professional employees and officials of the town including, but not limited to, accountants, attorneys, engineers and school teachers, shall also be required to conform to the canons or code of ethics of their profession. Allegations or complaints concerning sworn police officers and animal control officers, excluding all officers above the rank of lieutenant, received by the commission will be referred to the director of public safety for investigation and disposition in accordance with the procedures authorized in the Enfield Police Manual and Chapter V, Section 10 of the Town Charter. A record of such referrals will be maintained by the commission. The chief of police will notify the director of public safety and the commission of the results of such investigation and final disposition of the matter.

(b)

Interest in contract or transaction. No public official or municipal employee having the power or duty to perform an official act or action related to a contract or transaction which is or may be the subject of an official act or action of the town shall:

(1)

Have or thereafter acquire an interest in such contract or transaction;

(2)

Have a financial interest in any business entity representing, advising or appearing on behalf of any person involved in such contract or transaction;

(3)

Have solicited or accepted present or future employment with a person or business entity involved in such contract or transaction;

(4)

Have solicited, accepted or granted a present or future gift, favor, service or thing of value from or to a person involved in such contract or transaction; or

(5)

Have encouraged, made or accepted any ex parte or unilateral application or communication where a determination is to be made after a public hearing and such public official or municipal employee fails to make the contents of the communication a part of the record.

(c)

Preacquisition of interest. No public official or municipal employee with respect to any contract or transaction which is or may be the subject of an official act or action of the town shall acquire an interest in or affected by such contract or transaction at a time when the public official or municipal employee believes or has reasons to believe that it will directly or indirectly be affected by an official act or action of the town.

(d)

Disclosure of information. No public official or municipal employee with respect to any contract or transaction which is or may be the subject of an official act or action of the town, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the town, or use such information to advance the financial or other private interest of himself or others. All matters discussed in executive session shall be confidential information.

(e)

Incompatible service. No public official or municipal employee shall engage in or accept private employment or render service, for private interest, when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair his independence of judgment or action in the performance of his official duties, unless otherwise permitted by law.

(f)

Appearances. No public official or municipal employee shall appear on behalf of any private person, other than himself, his spouse, parents or minor children before any town agency, board or commission except, in the case of municipal employees, with the written approval of the town manager when the manager deems such appearance to be in accordance with the employee's employment responsibility and in accordance with established town council policies. However, a member of the town council may appear before town agencies, boards or commissions on behalf of his constituents in the course of his duties as a representative of the electorate or in the performance of public or civic obligations. Neither the town manager nor any municipal employee shall use his position in behalf of any political party.

(g)

Public contracts. No public official or municipal employee who, in his capacity as such official or employee, participates in the making of a contract in which he has a financial interest, direct or indirect, or performs in regard to that contract some function requiring the exercise of discretion on his part, shall enter into any contract with the town unless:

(1)

The contract is awarded through a process of public notice and competitive bidding; or

(2)

The town manager waives the requirement of this section after determining that it is in the best interest of the town to do so and immediately notifies the town council of said waiver.

(h)

Public property. No public official or municipal employee shall request or permit the unauthorized use of town owned vehicles, equipment, materials or property for personal convenience or profit.

(i)

Special treatment. No public official or municipal employee shall seek or grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen. No member of the classified service shall seek any special consideration regarding his employment from a member of the town council.

(j)

Later case interest. No public official or municipal employee shall, for a period of one year, after the termination of service or employment with the town, appear before any board, commission, committee or agency of the town in relation to any case, proceeding or application in which he personally participated during the period of his service or employment, or which was under his active consideration.

(k)

Disclosure of interest in legislative action. Any member of the town council or other town board or commission who has a financial interest or personal interest in any proposal before the council or a town board or commission shall disclose on the record of the council, board or commission existence of such an interest. Any other public official or municipal employee who has a financial or personal interest in any proposed legislative action of the council or the commission and who participates in discussion with or gives an official opinion or recommendation to the council or the commission, shall disclose on the record of the council or the commission the nature and extent of such interest.

(l)

New public official and employees to receive copy of this division. Prior to any public official taking office or municipal employee beginning employment he shall receive from the town clerk, and give written receipt for, a copy of this division and he shall immediately read and otherwise familiarize himself with the terms of this division. Where any public official or municipal employee has a doubt as to the applicability of any provisions of this division to a particular situation or as to the definition of terms used herein, he may apply, in writing, to the town's ethics commission for an advisory opinion. Such opinion until amended or revoked shall be binding on the town, public officials and municipal employees in any subsequent actions concerning the public official or municipal employee who sought the opinion and acted on it in good faith, unless material facts were omitted or misstated in the request for the advisory opinion. Any advisory opinion issued by the ethics commission shall be made publicly where such disclosure will not violate the law.

(m)

Town manager to establish procedure. The town manager shall cause to be established a procedure to familiarize elected and appointed officials with the duties and responsibilities of their positions. The town manager shall prepare a written report outlining such activities for the prior year and plans for the coming year and submit said report to the town council during the month of January each year.

(Code 1967, § 2-10; Ord. No. 14-7 , 12-15-2014)