§ 2-101. Board of ethics generally.

(a)

Board created, requirements of members. There is hereby created and established a board of ethics consisting of five (5) persons who shall hold no other office or employment in the City. At least one of said members shall be an attorney at law of the State of Connecticut, and said member may be, but shall not be required to be, a resident of the City. All other members shall be residents of the City of Danbury.

(b)

Appointment and terms of members. The members of said board of ethics shall be appointed by the Mayor subject to confirmation by the City Council. They shall serve for a term of two (2) years. Members shall hold office for the term as specified herein and until successors are appointed and confirmed. Vacancies shall be filled for unexpired portions of the term by appointment by the Mayor subject to confirmation by the City Council.

(c)

Meetings; adoption of rules and conduct. Members of the board of ethics shall meet annually to elect a Chairperson. The board shall adopt rules for the conduct of its business.

(d)

Advisory opinions. Upon written request for any officer or employee concerned, the board shall render written advisory opinions based upon the provisions of section 8-3 of the Danbury Municipal Charter and this division. The board shall file its advisory opinions with the Town Clerk, but shall delete references to the identity of the officer, employee or other party involved where such disclosure would constitute an invasion of personal privacy.

(e)

Investigations. Upon the sworn complaint, on a form prescribed by the board of ethics, signed under penalty of false statement, of any person, or upon its own complaint, alleging facts which if true would constitute improper conduct under the provisions of section 8-3 of the Danbury Municipal Charter or this division, the board of ethics shall conduct an investigation of such alleged violation. The board of ethics shall not later than five (5) days after receipt or issuance of such complaint notify by registered or certified mail any officer or employee against whom such complaint is filed and a copy of such complaint shall accompany such notice. The board of ethics shall also notify the complainant of its receipt of such complaint not later than five (5) days thereafter. Any investigation to determine whether or not there is probable cause that a violation of Danbury Municipal Charter section 8-3 or this division has occurred shall be concluded within sixty (60) days of the initiation of any complaint hereunder. An investigation to determine whether or not there is probable cause that a violation of Danbury Municipal Charter section 8-3 or this division has occurred shall be conducted in public and subject to the disclosure requirements of the Freedom of Information Act, C.G.S ch. 14 (C.G.S. § 1-200 et seq.), except when and if confidentiality is necessary and appropriate in accordance with the provisions of the Freedom of Information Act, C.G.S ch. 14 (C.G.S. § 1-200 et seq.). The officer or employee involved shall have the right to appear and be heard and to offer any information which may tend to clear him of probable cause indicating that he has violated any provision of Danbury Municipal Charter section 8-3 or this division. The officer or employee involved shall also have the right to be represented by legal counsel and examine and cross-examine witnesses. The board of ethics shall make no finding that there is probable cause to believe that the officer or employee involved is in violation of any provision of Danbury Municipal Charter section 8-3 or this division except upon the concurring vote of three (3) of its members. The board of ethics shall not later than three (3) business days after the termination of such investigation notify the complainant and the officer or employee involved that the investigation has been terminated and the results thereof. Within three (3) days following the termination of any investigation hereunder, the board shall, in written findings of facts and conclusions based thereon, make recommendations to the City Council concerning the propriety of the conduct involved and appropriate penalties attaching to such conduct, if any. The board shall transmit its findings and recommendations to the City Council which shall make the final determination concerning the propriety of the conduct involved in accordance with the procedural requirements of section 2-100 and which shall determine appropriate penalties attaching to such conduct.

(Code 1961, § 2-168; Ord. No. 281, § 4, 3-2-1982; Ord. No. 356, 10-6-1987)

State law reference

Board of ethics authorized, C.G.S. § 7-148h.