§ 43-8. Enforcement; penalties for offenses.

A. 

Investigations and hearings. The Ethics Commission shall have the authority to evaluate, investigate and/or hear written complaints concerning allegations of violations of this code. The complaint shall be on a form prescribed by the Commission and signed under oath by the individual making said complaint and shall name the person accused (respondent) and shall specify the acts alleged to constitute the violation and when they occurred. Upon the complaint of any person on a form prescribed by the Commission, signed under penalty of false statement, or upon its own complaint, the Commission shall evaluate any alleged violation of this code. It shall also state whether these allegations have been presented to other administrative or judicial authorities. If the individual(s) intentionally makes a false written statement under oath which he does not believe to be true and which statement is intended to mislead a public servant in the performance of his official function, he shall be in violation of this section, in addition to any other penalties provided by law.

(1) 

Complaint. Unless the Commission makes a finding of probable cause for a hearing, or unless the respondent requests in writing that the entire record and any hearings be open to the public, the complaint and all information supplied to or received from the Commission during evaluation or investigation shall remain confidential, as specified by provisions of the Connecticut General Statutes, § l-82a(a), relating to operations of an ethics commission. The provisions of Connecticut General Statutes § 1-82a are incorporated herein.

(2) 

Evaluation and acknowledgment. Upon presentation of a complaint to the Commission, it shall evaluate it to decide whether the allegations would constitute a violation if true, and are of sufficient gravity, and whether it would be more reasonable to refer the matter to another administrative or judicial authority. Based on this evaluation, it may, in its discretion, refuse the complaint and return notice to the complainant of its reasons for that action. If it accepts the complaint, acknowledgment of receipt shall be sent to the complainant within five days thereafter, and a copy of the complaint furnished the respondent. The respondent shall be notified that he/she is afforded at least 10 business days to submit any response he/she wishes the Commission to consider before it decides to open a hearing.

(3) 

Investigations. If the Commission accepts the complaint, it shall make or cause an investigation to be made, sufficient to decide whether there is probable cause to believe a violation of this code has occurred. The investigation shall be concluded within 90 days. In the conduct of its investigation, the Commission shall have the power to hold hearings, administer oaths, examine witnesses, receive oral and documentary evidence, subpoena witnesses and require the production for examination by the Commission of any books and papers which the Commission deems relevant in any matter under investigation or in question. The provisions of Connecticut General Statutes § 7-148h are incorporated herein. During the investigation, the respondent shall have the right to appear, be represented by counsel, and be heard and offer any information which may tend to clear him/her of probable cause to believe he/she has violated any provision of the Code of Ethics.

(4) 

No probable cause. If the Commission finds no probable cause, it shall, within three business days, advise the complainant and the respondent of its finding and a summary of the reasons therefor, and the complaint and the record of investigation shall remain confidential.

(5) 

Probable cause. If the Commission finds probable cause by the concurring vote of three of its members, it shall, within three business days after the termination of its investigation, advise the complainant and the respondent of its finding and a summary of the reasons therefor. If there is found such probable cause, the Commission shall make public its finding within five business days after the termination of its investigation, and the entire record of investigation shall become public, with exception for postponement of the release of said record for a period not to exceed 14 days during negotiations for the resolution of the matter by stipulation, agreed settlement or consent order and/or as provided for in § 4-177 of the Connecticut General Statutes as referenced in § 1-82a(e). It shall also, unless resolved as stated above, fix a date for a hearing on the complaint and shall give notice of that date to the respondent, such date to be not less than 10 days following notice, nor more than 90 days after the finding of probable cause.

(6) 

Hearings. Hearings shall be open to the public. Oral evidence shall be taken under oath. The respondent shall have the right to be represented by counsel, to present evidence and to examine and cross-examine witnesses. Hearings shall be recorded by a stenographer or a recording device provided by the Commission. If the Commission does not provide a stenographer, the complainant or respondent may employ a stenographer at his/her own expense. If a transcript is made, a copy shall be made available to the other party upon payment of 1/2 the cost of obtaining the transcript.

(7) 

Finding. No finding of violation of this code shall be made except upon concurring vote of four members of the Commission. The Chairman shall render the finding of the Commission within 30 days after conclusion of the hearing. A copy of the finding shall be sent to the complainant, the respondent, and the Town Clerk.

(8) 

Board-initiated complaints. Upon a concurring vote of three or more members, the Commission may initiate its own complaint. In doing so, it is not required that the complaint be sworn.

(9) 

Advisory opinions. Reliance by a Town official, officer or employee on an advisory opinion issued by the ombudsman pursuant to § 43-7A(4) shall be considered by the Ethics Commission in any proceeding brought pursuant to this section.

B. 

Penalties. Violation of any provision of this code shall constitute grounds for, and may be punished by, a) public censure and reprimand; b) in the case of a public employee, recommendations to the Board of Selectmen ranging from suspension from employment with or without pay up to dismissal from employment; c) a civil penalty of not more than $250 per violation; and/or d) restitution of any pecuniary benefits received because of the violation committed. The Commission will also retain the authority to refer appropriate cases to other venues for proper adjudication (e.g., the police, etc.). At no time will the Commission have the authority to remove elected officials from office.

C. 

Appeals. The respondent shall have the right to appeal the findings of the Commission within 30 days of receipt of its findings. Said notice of appeal shall be sent by mail or be hand-delivered to the First Selectman. The Appellate Board will consist of the Board of Selectmen. To the extent that the First Selectman exercises his/her right pursuant to Connecticut General Statute § 7-12a to sit as an ex officio member of the Ethics Commission, the First Selectman will be disqualified from sitting on the Appellate Board. In the event that the complaint involves one or more members of the Board of Selectmen and/or the First Selectman is disqualified, the remaining selectman/selectmen, or the Chairman of the Ethics Commission in the absence of an available selectman, shall appoint an attorney(s) to sit on said three-person Appellate Board. The Appellate Board will not review the case de novo. If, after hearing the appeal, a majority of the Appellate Board determines that the finding appealed was arbitrary, capricious or an abuse of discretion, the appeal shall be sustained; otherwise, the appeal shall be denied. The respondent shall have the right to a further appeal to Superior Court subject to the provisions of the Connecticut General Statutes, if any.