§ 43-4. Public employees and public officials.  


Latest version.
  • A. 
    Special interest. No public employee or public official shall engage in or participate in any business or transaction, including outside employment with a private business, or have an interest, direct or indirect, that is in conflict with the proper discharge of the employee's or official's responsibilities in the public interest or that would impair the employee's or official's independent judgment or action in the performance of the employee's or official's responsibilities.
    B. 
    Gifts or favors.
    (1) 
    No public employee or public official shall solicit or accept any gift from any person that, to the employee's or official's knowledge, is interested in any matter within such individual's official responsibility. As used in this subsection, "official responsibility" means the direct administrative or operating authority, whether intermediate or final and whether exercisable personally or through subordinates, to approve, disapprove or otherwise direct governmental action.
    (2) 
    If a prohibited gift is offered, the public employee or public official shall refuse it, or pay the donor full value of the gift or donate it to a nonprofit organization, provided the employee or official does not take the corresponding tax deduction or credit. Alternatively, the gift may be deemed to be a gift to the Town, provided it permanently remains in the Town's possession.
    C. 
    Voting conflicts.
    (1) 
    A public employee or public official shall refrain from voting upon or otherwise participating in any matter on behalf of the Town if the employee or official, or a business with which he/she is associated, or a member of his/her immediate family has a financial interest in the matter, including, but not limited to, the sale of real estate, material supplies, or services to the Town. As used in this subsection, "personal interest" means an interest in any action taken by the Town in which an individual will derive a nonfinancial benefit or detriment but which will result in the expenditure of funds.
    (2) 
    Notwithstanding the prohibition in Subsection C(1) of this subsection and the provisions of this subsection, a public employee or public official may vote or otherwise participate in a matter that involves a determination of general policy if the employee's or official's interest in the matter is de minimus in nature or shared with a substantial segment of the population of the Town.
    D. 
    Voting restrictions. In addition to the restrictions in Subsection C of this section, a public employee who serves on any governmental body of the Town shall not vote or participate in any matter involving, for the department or program employing such public employee, a) collective bargaining; b) compensation or benefits; c) personnel policies and procedures; d) the budget, other appropriation or capital funding; or e) employment, compensation, benefits or performance of personnel, unless such public employee is permitted to vote or participate pursuant to the provisions of state statutes or Town ordinance. This provision shall not prevent the individual from voting on the Town budget as a whole.
    E. 
    Incompatible service.
    (1) 
    No public employee or public official shall appear on behalf of private interests before any board, agency, or committee of the Town for which the employee or official serves.
    (2) 
    No public employee or public official shall represent private interests against the interest of the Town for which the employee or official serves, in any litigation to which the Town is a party.
    (3) 
    The provisions of Subsection E(1) and (2) of this subdivision shall not apply to a public official who receives no compensation for service to the Town other than per diem payments and reimbursement expenses.
    F. 
    Public employee or public official nonrestrictions. Nothing in this section shall prohibit or restrict a public employee or public official from:
    (1) 
    Appearing before any board or commission of the Town on the employee's or official's own behalf; or
    (2) 
    Being a party in any action, proceeding or litigation:
    (a) 
    In which the Town is a party; and
    (b) 
    That is brought by or against the public employee or official.
    G. 
    Disclosure of information. No public employee or public official shall disclose or use confidential information concerning the affairs of the Town for the financial interests of the employee, official or others.
    H. 
    Public property use. No public employee or public official shall request, use or permit the use of a vehicle, equipment, facility, material or property, which is owned by the Town for which the employee or official serves, for personal convenience or profit, except when available to the public generally or provided as Town policy for the use of such public employee or public official in the conduct of official business, in which case the public employee or public official may use such vehicle, equipment, facility, or equipment for de minimus personal convenience.
    I. 
    Public contracts. No public employee or public official, or a business with which he/she is associated, or a member of his or her immediate family shall enter into a contract with the Town for which the public employee or public official serves which has a value of $1,000 or more unless approved by the First Selectman or by the Board of Selectmen if the First Selectman has a conflict.
    J. 
    Financial benefits. No public employee or public official may use the employee's or official's position or office with the Town for which the employee or official serves for the financial benefit of the employee or official, a business with which he or she is associated, or a member of his or her immediate family. The provisions of this subsection shall not prohibit a public employee or public official from receiving compensation for writing, on the employee's or official's own time, a book or article relating to the employee's or official's service for such municipality or district.
    K. 
    Appearances. No public employee or public official shall accept a fee or honorarium for an article, appearance or speech, or for participation in an event, in the employee's or official's capacity, provided the public official or public employee may receive payment or reimbursement for necessary expenses for any such activity in such official's or employee's official capacity.
    L. 
    Solicitation. No public employee or public official, or member of such individual's immediate family or business with which he or she is associated, shall solicit or accept anything of value, including, but not limited to, a gift, loan, political contribution, reward or promise of future employment, based on any understanding that the vote, official action or judgment of the public employee or public official would be influenced thereby.
    M. 
    Political activity. No public employee or public official or candidate for elected office of the Town shall utilize Town funds, supplies, vehicles, or facilities for the purpose of any political activity.