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