Connecticut 2019 2019 Regular Session

Connecticut House Bill HB07220 Introduced / Bill

Filed 02/21/2019

                       
 
LCO No. 4672  	1 of 2 
 
General Assembly  Raised Bill No. 7220  
January Session, 2019  
LCO No. 4672 
 
 
Referred to Committee on JUDICIARY  
 
 
Introduced by:  
(JUD)  
 
 
 
 
AN ACT ESTABLISHING A RIGHT TO APPEAL THE DECISION OF A 
MUNICIPAL ETHICS BOA RD TO THE SUPERIOR COURT UNDER THE 
UNIFORM ADMINISTRATI VE PROCEDURES ACT. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Subsection (a) of section 4-183 of the general statutes is 1 
repealed and the following is substituted in lieu thereof (Effective 2 
October 1, 2019): 3 
(a) A person who has exhausted all administrative remedies 4 
available within the agency and who is aggrieved by a final decision 5 
may appeal to the Superior Court as provided in this section. The filing 6 
of a petition for reconsideration is not a prerequisite to the filing of 7 
such an appeal. As used in this section, "agency" has the same meaning 8 
as provided in section 4-166 and includes a municipal board, 9 
commission, council, committee or other agency, that is established 10 
under section 7-148h, as amended by this act, to investigate allegations 11 
of unethical conduct, corrupting influence or illegal activities levied 12 
against any official, officer or employee of the municipality. 13  Raised Bill No.  7220 
 
 
 
LCO No. 4672   	2 of 2 
 
Sec. 2. Subsection (a) of section 7-148h of the general statutes is 14 
repealed and the following is substituted in lieu thereof (Effective 15 
October 1, 2019): 16 
(a) Any town, city, district, as defined in section 7-324, or borough 17 
may, by charter provision or ordinance, establish a board, commission, 18 
council, committee or other agency to investigate allegations of 19 
unethical conduct, corrupting influence or illegal activities levied 20 
against any official, officer or employee of such town, city, district or 21 
borough. The provisions of subsections (a) to (e), inclusive, of section 22 
1-82a shall apply to allegations before any such agency of such 23 
conduct, influence or activities, to an investigation of such allegations 24 
conducted prior to a probable cause finding, and to a finding of 25 
probable cause or no probable cause. Any board, commission, council, 26 
committee or other agency established pursuant to this section may 27 
issue subpoenas or subpoenas duces tecum, enforceable upon 28 
application to the Superior Court, to compel the attendance of persons 29 
at hearings and the production of books, documents, records and 30 
papers. Any person aggrieved by a decision of a board, commission, 31 
council, committee or other agency established pursuant to this section 32 
shall have a right of appeal pursuant to section 4-183, as amended by 33 
this act. 34 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2019 4-183(a) 
Sec. 2 October 1, 2019 7-148h(a) 
 
Statement of Purpose:   
To provide a right to appeal the decision of a municipal ethics board to 
the Superior Court in accordance with the provisions of the Uniform 
Administrative Procedures Act. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, 
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is 
not underlined.]