Connecticut 2019 Regular Session

Connecticut Senate Bill SB01095 Compare Versions

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7	7		General Assembly Substitute Bill No. 1095
8	8		January Session, 2019
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12	12		AN ACT CONCERNING MU NICIPAL ETHICS.
13	13		Be it enacted by the Senate and House of Representatives in General
14	14		Assembly convened:
15	15
16	16		Section 1. (NEW) (Effective October 1, 2019) (a) Notwithstanding the 1
17	17		provisions of any special act, municipal charter or ordinance, not later 2
18	18		than October 1, 2020, each municipality shall adopt a code of ethics 3
19	19		that contains, at a minimum, the provisions described in subsection (b) 4
20	20		of this section. Any municipality that had adopted a code of ethics 5
21	21		prior to October 1, 2019, that contains the minimum provisions 6
22	22		described in subsection (b) of this section, shall not be required to 7
23	23		adopt a new code of ethics under this section. Any municipality that 8
24	24		adopts the model municipal code of ethics, developed by the Office of 9
25	25		State Ethics under subsection (c) of this section, on or before October 1, 10
26	26		2020, shall be deemed in compliance with the requirements of this 11
27	27		section. 12
28	28		(b) Any code of ethics that is adopted by a municipality pursuant to 13
29	29		subsection (a) of this section shall include, but need not be limited to: 14
30	30		(1) A conflict of interest provision that prohibits a municipal official 15
31	31		or employee of the municipality from participating in any matter in 16
32	32		which such municipal official or employee, his or her immediate 17
33	33		family member, or any business with which the official or employee is 18
34	34		associated, has a personal or financial interest, other than (A) an 19
35	35		interest of a de minimis nature valued less than one hundred dollars, 20 Substitute Bill No. 1095
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42	42		or (B) an interest that is not distinct from that of a substantial segment 21
43	43		of the municipality's population, provided such segment does not 22
44	44		consist of any group of municipal government employees; 23
45	45		(2) A disclosure and recusal provision that requires the written 24
46	46		disclosure of a conflict of interest by a municipal official or employee 25
47	47		of the municipality and the recusal from participating in any decision-26
48	48		making concerning a matter that presents a conflict of interest; 27
49	49		(3) A gift provision that prohibits a municipal official or employee 28
50	50		of the municipality from soliciting or accepting anything of value that 29
51	51		could reasonably be expected to influence the actions or judgment of 30
52	52		such municipal official or employee; 31
53	53		(4) A use of property provision that prohibits a municipal official or 32
54	54		employee of the municipality from using municipal property in any 33
55	55		manner that benefits himself or herself, his or her immediate family 34
56	56		member, or any business with which the official or employee is 35
57	57		associated, to a degree that is greater than a member of the general 36
58	58		public when such property is made available to the general public; 37
59	59		(5) A use of office or position provision that prohibits a municipal 38
60	60		official or employee of the municipality from using his or her office or 39
61	61		position and any confidential information acquired by a municipal 40
62	62		official or employee of the municipality through his or her office or 41
63	63		position to further such official's or employee's own personal or 42
64	64		financial interests, or interests of his or her immediate family member, 43
65	65		or any business with which the official or employee is associated; 44
66	66		(6) A nepotism provision that prohibits a municipal official or 45
67	67		employee of the municipality from appointing or hiring, or 46
68	68		participating in influencing the appointment or hiring of an immediate 47
69	69		family member for any type of employment with the municipality, 48
70	70		including by contract, unless the contract is competitively bid. The 49
71	71		provision shall prohibit a municipal official or employee of the 50
72	72		municipality from serving in a direct supervisory capacity over an 51 Substitute Bill No. 1095
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79	79		immediate family member, or exercising authority or making 52
80	80		recommendations with regard to personnel actions involving such 53
81	81		family member; 54
82	82		(7) A contracting provision that prohibits a municipal official or 55
83	83		employee of the municipality, his or her immediate family members, 56
84	84		or any businesses with which the official or employee is associated, 57
85	85		from entering into any contract with the municipality in which such 58
86	86		municipal official or municipal employee holds a municipal office or 59
87	87		position, valued at five hundred dollars or more, other than a contract 60
88	88		of employment as a municipal employee, or pursuant to a court 61
89	89		appointment, unless the contract has been awarded through an open 62
90	90		and public process; 63
91	91		(8) A representation of private interests provision, other than self-64
92	92		representation or representation of an immediate family member, that 65
93	93		prohibits a municipal official or employee of the municipality from 66
94	94		representing anyone in any matter before any municipal board, 67
95	95		commission, council or department; and 68
96	96		(9) Post-employment provisions that prohibit a former municipal 69
97	97		official or employee of the municipality from (A) representing anyone 70
98	98		for compensation before any municipal board, commission, council, 71
99	99		committee or department in which he or she was formerly employed 72
100	100		at any time within a period of one year after termination of his or her 73
101	101		service with the municipality; (B) representing anyone other than the 74
102	102		municipality, concerning any particular matter which the official or 75
103	103		employee participated personally and substantially while in municipal 76
104	104		service or employment, and in which the municipality has a 77
105	105		substantial interest; (C) accepting employment with any party to a 78
106	106		contract with the municipality valued at an amount of twenty-five 79
107	107		thousand dollars or more, other than the municipality, for a period of 80
108	108		one year after his or her resignation from municipal office or position if 81
109	109		the former official or employee participated substantially in the 82
110	110		negotiation or award of such contract and his or her resignation occurs 83
111	111		less than one year after the contract is signed; and (D) disclosing or 84 Substitute Bill No. 1095
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118	118		using confidential information acquired in the course of and by reason 85
119	119		of his or her official duties, for anyone's financial gain or benefit. 86
120	120		(c) Not later than October 1, 2019, the Office of State Ethics shall 87
121	121		develop and publish on its Internet web site a model municipal code of 88
122	122		ethics which may be adopted by municipalities. The office shall update 89
123	123		such model municipal code of ethics as the office deems necessary. 90
124	124		(d) Not later than January 15, 2021, each municipality shall submit a 91
125	125		notice to the Office of State Ethics certifying whether the municipality 92
126	126		has complied with the requirements of this section. Such notice shall 93
127	127		include a copy of such municipality's code of ethics that includes the 94
128	128		minimum provisions described in subsection (b) of this section. 95
129	129		Sec. 2. (Effective October 1, 2019) Not later than January 1, 2022, the 96
130	130		Office of State Ethics shall submit a report, in accordance with the 97
131	131		provisions of section 11-4a of the general statutes, to the joint standing 98
132	132		committee of the General Assembly having cognizance of matters 99
133	133		relating to ethics. Such report shall indicate the status of the 100
134	134		compliance of each municipality with the requirements of section 1 of 101
135	135		this act. 102
136	136		Sec. 3. (NEW) (Effective October 1, 2019) Not later than October 1, 103
137	137		2020, the Office of State Ethics shall employ an ethics education 104
138	138		instructor, who shall be in classified state service, to conduct a 105
139	139		municipal ethics education program, at least annually, for municipal 106
140	140		officials and employees for the purpose of educating such officials or 107
141	141		employees on the requirements of the minimum provisions described 108
142	142		in subsection (b) of section 1 of this act. 109
143	143		Sec. 4. (Effective July 1, 2020) The sum of ____ dollars is appropriated 110
144	144		to the Office of State Ethics, from the General Fund, for the fiscal year 111
145	145		ending June 30, 2021, for the municipal ethics education program 112
146	146		described in section 3 of this act. 113 Substitute Bill No. 1095
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153	153		This act shall take effect as follows and shall amend the following
154	154		sections:
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156	156		Section 1 October 1, 2019 New section
157	157		Sec. 2 October 1, 2019 New section
158	158		Sec. 3 October 1, 2019 New section
159	159		Sec. 4 July 1, 2020 New section
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	161	+	Statement of Legislative Commissioners:
	162	+	In Section 1(a), "ethics code" was changed to "code of ethics" for
	163	+	consistency, in Section 1(b)(1), subparagraph designators were added
	164	+	and the provision was reworded for clarity and Section 1(b)(9)(C) was
	165	+	reworded for clarity.
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162	167		GAE Joint Favorable Subst. -LCO
163		-	APP Joint Favorable
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