§ 43-7. Ethics Commission., Chapter 43. Ethics, Code of, Part I. Ordinances, Code of Ordinances, Old Lyme

Creation and composition of Ethics Commission. There shall be a municipal Ethics Commission composed of five electors of the Town of Old Lyme and at no time shall more than two members be of the same political party.

(1)

Eligibility. No member of said Commission shall hold or campaign for any public office, be a public official other than as a member of the Commission, or be an officer of Town party committees, as defined in Connecticut General Statutes § 9-601, or officers of political committees required by state law to report to and/or register with the Town Clerk. Any 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.

(2)

Appointment/Removal. The initial Ethics Commission shall be appointed by the unanimous vote of the Ethics Formation Committee. The Ethics Formation Committee will conduct an open solicitation of community-minded individuals and create a pool of candidates based upon their citizenship, political affiliations if any, and business, professional and personal history. Subject to the requirements of this subsection, the Ethics Formation Committee will randomly select and thereafter appoint the above five electors as the Ethics Commission. Thereafter, Commission members shall be appointed and/or vacancies filled by a two-thirds vote of the existing Ethics Commission (appointing authority). Removal from said Commission shall only be by two-thirds vote of the appointing authority or by unanimous vote of the Board of Selectmen. Of the five members of the Ethics Commission initially appointed, three members shall be appointed for the term commencing June 2008 and ending January 31, 2011, and two members shall be appointed for the term commencing June 2008 and ending January 21, 2012. All subsequent appointments and reappointments to the Commission shall be for a term of two years and will end on January 31. If a vacancy occurs as a result of a resignation, the appointing authority will appoint a member to the Commission to complete the unexpired term. Commission members may serve without limitations on the number of terms served.

(3)

Alternate members. The Ethics Commission shall select three alternates to include members of different political parties and/or unaffiliated voters. An alternate member(s) may act in the place of an absent or disqualified Ethics Commission member appointed pursuant to § 43-7A(2) upon majority vote of the Ethics Commission.

(4)

Ombudsman. The Ethics Commission shall select an ombudsman, which ombudsman shall be an elector of the Town who meets eligibility requirements found in § 43-7A(1). The Ethics Commission shall select an ombudsman. The ombudsman shall serve with no defined term of office, but at the pleasure of the Commission. Such ombudsman may be, but shall not be required to be, an alternate member of the Commission or a member of the former Ethics Formation Committee. When any public official, officer, or public employee has a question as to the applicability of any provision of this code to a particular situation or as to the definition of terms used herein, he or she may apply, in writing, to the ombudsman for an advisory opinion. Good faith reliance by such public official, officer or public employee on such advisory opinion shall be considered by the Ethics Commission in any subsequent proceeding brought pursuant to § 43-8.

[Amended 1-26-2009]

Meetings of Commission; quorum; minutes. The Commission shall annually elect a chairperson, vice chairperson and secretary from among its members at its first meeting. Meetings shall be held at the call of the Chairman or three members of the Commission and at such other times as the Commission shall determine. The presence of three members at a meeting shall constitute a quorum, except that any meeting whose purpose is to hear a complaint of violation of this code against an official, employee or consultant shall have four members to constitute a quorum. Any action taken by the Commission, other than findings under § 43-8A(7), shall be by a majority vote of the members present and voting. Except as otherwise noted, the rules of Robert's Rules of Order will govern the meetings. The Commission shall only conduct business if a quorum is present. The Commission shall keep minutes of its meetings, which minutes shall be filed with the Town Clerk and be in compliance with the requirements of the Connecticut Freedom of Information Act.

Editor's Note: See the Connecticut General Statutes, § 1-200 et seq.

Rules of procedure. The Commission may adopt rules of procedure and regulations which it deems necessary to carry out the intent of this code, and the same, and any amendments thereto, shall be filed in the office of the Town Clerk and be available for public inspection. The discussions of the Commission held in executive session are to be confidential. The minutes of the Commission are public information and, unless confidential, will be made available to the public through the Town Clerk's office. Any substantial amendments to this code must be approved at a Town Meeting.

Finances. The financial needs of the Commission, including necessary funds to retain legal counsel for said Commission, shall be funded in the same manner as other Town boards and commissions. It is anticipated that the Town Attorney or his/her designee will serve as counsel to the commission. Once funded, said finances shall not be diminished or reduced during the pendency of any Commission investigation or hearing.