| 26 | | - | Section 1. Section 7-148h of the general statutes is repealed and the 1 |
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| 27 | | - | following is substituted in lieu thereof (Effective October 1, 2021): 2 |
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| 28 | | - | (a) Any town, city, district, as defined in section 7-324, or borough 3 |
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| 29 | | - | may, by charter provision or ordinance, establish a board, commission, 4 |
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| 30 | | - | council, committee or other agency to investigate allegations of 5 |
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| 31 | | - | unethical conduct, corrupting influence or illegal activities levied 6 |
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| 32 | | - | against any official, officer or employee of such town, city, district or 7 |
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| 33 | | - | borough. The provisions of subsections (a) to (e), inclusive, of section 8 |
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| 34 | | - | 1-82a, as amended by this act, shall apply to allegations before any such 9 |
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| 35 | | - | agency of such conduct, influence or activities, to an investigation of 10 |
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| 36 | | - | such allegations conducted prior to a probable cause finding, and to a 11 |
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| 37 | | - | finding of probable cause or no probable cause. Any board, commission, 12 |
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| 38 | | - | council, committee or other agency established pursuant to this section 13 |
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| 39 | | - | may issue subpoenas or subpoenas duces tecum, enforceable upon 14 |
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| 40 | | - | application to the Superior Court, to compel the attendance of persons 15 |
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| 41 | | - | Committee Bill No. 296 |
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| 42 | | - | |
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| 43 | | - | |
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| 44 | | - | LCO No. 4964 2 of 12 |
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| 45 | | - | |
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| 46 | | - | at hearings and the production of books, documents, records and 16 |
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| 47 | | - | papers. 17 |
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| 48 | | - | (b) Notwithstanding the provisions of any special act, municipal 18 |
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| 49 | | - | charter or ordinance to the contrary, an elected official of any town, city, 19 |
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| 50 | | - | district or borough that has established a board, commission, council, 20 |
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| 51 | | - | committee or other agency under subsection (a) of this section, has an 21 |
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| 52 | | - | interest that is in substantial conflict with the proper discharge of the 22 |
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| 53 | | - | official's duties or employment in the public interest and of the official's 23 |
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| 54 | | - | responsibilities as prescribed by the laws of this state, if the official has 24 |
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| 55 | | - | reason to believe or expect that the official, the official's spouse or 25 |
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| 56 | | - | dependent child, or a business with which he is associated, as defined 26 |
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| 57 | | - | in section 1-79, will derive a direct monetary gain or suffer a direct 27 |
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| 58 | | - | monetary loss, as the case may be, by reason of the official's official 28 |
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| 59 | | - | activity. Any such elected official does not have an interest that is in 29 |
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| 60 | | - | substantial conflict with the proper discharge of the official's duties in 30 |
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| 61 | | - | the public interest and of the official's responsibilities as prescribed by 31 |
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| 62 | | - | the laws of this state, if any benefit or detriment accrues to the official, 32 |
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| 63 | | - | the official's spouse or dependent child, or a business with which he, his 33 |
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| 64 | | - | spouse or such dependent child is associated as a member of a 34 |
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| 65 | | - | profession, occupation or group to no greater extent than to any other 35 |
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| 66 | | - | member of such profession, occupation or group. Any such elected 36 |
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| 67 | | - | official who has a substantial conflict may not take official action on the 37 |
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| 68 | | - | matter. 38 |
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| 69 | | - | (c) Any person who is aggrieved by the decision of a board, 39 |
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| 70 | | - | commission, council, committee or other agency established under 40 |
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| 71 | | - | subsection (a) of this section that presents an issue of law shall have a 41 |
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| 72 | | - | right to appeal such decision to the Office of State Ethics under part I of 42 |
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| 73 | | - | chapter 10. 43 |
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| 74 | | - | Sec. 2. Subsection (a) of section 1-81 of the general statutes is repealed 44 |
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| 75 | | - | and the following is substituted in lieu thereof (Effective October 1, 2021): 45 |
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| 76 | | - | (a) The board and general counsel and staff of the Office of State 46 |
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| 77 | | - | Ethics shall: 47 |
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| 78 | | - | Committee Bill No. 296 |
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| 79 | | - | |
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| 80 | | - | |
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| 81 | | - | LCO No. 4964 3 of 12 |
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| 82 | | - | |
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| 83 | | - | (1) Compile and maintain an index of all reports, advisory opinions, 48 |
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| 84 | | - | informal staff letters, memoranda issued in accordance with subsection 49 |
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| 85 | | - | (b) of section 1-82, as amended by this act, and statements filed by and 50 |
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| 86 | | - | with the Office of State Ethics to facilitate public access to such reports 51 |
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| 87 | | - | and advisory opinions, informal staff letters, memoranda statements as 52 |
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| 88 | | - | provided by this part; 53 |
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| 89 | | - | (2) Preserve advisory opinions and informal staff letters, 54 |
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| 90 | | - | permanently; preserve memoranda issued in accordance with 55 |
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| 91 | | - | subsection (b) of section 1-82, as amended by this act, and statements 56 |
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| 92 | | - | and reports filed by and with the board for a period of five years from 57 |
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| 93 | | - | the date of receipt; 58 |
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| 94 | | - | (3) Upon the concurring vote of a majority of the board present and 59 |
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| 95 | | - | voting, issue advisory opinions with regard to the requirements of this 60 |
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| 96 | | - | part or part IV of this chapter, upon the request of any person subject to 61 |
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| 97 | | - | the provisions of this part or part IV of this chapter, and publish such 62 |
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| 98 | | - | advisory opinions in the Connecticut Law Journal. Advisory opinions 63 |
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| 99 | | - | rendered by the board, until amended or revoked, shall be binding on 64 |
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| 100 | | - | the board and shall be deemed to be final decisions of the board for 65 |
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| 101 | | - | purposes of appeal to the superior court, in accordance with the 66 |
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| 102 | | - | provisions of section 4-175 or 4-183. Any advisory opinion concerning 67 |
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| 103 | | - | the person who requested the opinion and who acted in reliance 68 |
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| 104 | | - | thereon, in good faith, shall be binding upon the board, and it shall be 69 |
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| 105 | | - | an absolute defense in any criminal action brought under the provisions 70 |
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| 106 | | - | of this part or part IV of this chapter, that the accused acted in reliance 71 |
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| 107 | | - | upon such advisory opinion; 72 |
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| 108 | | - | (4) Respond to inquiries and provide advice regarding the code of 73 |
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| 109 | | - | ethics either verbally or through informal letters; 74 |
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| 110 | | - | (5) Hear appeals filed by an aggrieved person concerning decisions 75 |
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| 111 | | - | of a municipal board, commission, council, committee or other agency 76 |
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| 112 | | - | established under subsection (a) of section 7-148h, as amended by this 77 |
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| 113 | | - | act, that present an issue of law; 78 |
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| 114 | | - | Committee Bill No. 296 |
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| 115 | | - | |
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| 116 | | - | |
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| 117 | | - | LCO No. 4964 4 of 12 |
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| 118 | | - | |
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| 119 | | - | [(5)] (6) Provide yearly training to all state employees regarding the 79 |
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| 120 | | - | code of ethics; 80 |
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| 121 | | - | [(6)] (7) Make legislative recommendations to the General Assembly 81 |
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| 122 | | - | and report annually, not later than February fifteenth, to the Governor 82 |
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| 123 | | - | summarizing the activities of the Office of State Ethics; and 83 |
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| 124 | | - | [(7)] (8) Meet not less than once per month with the office's executive 84 |
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| 125 | | - | director and ethics enforcement officer. 85 |
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| 126 | | - | Sec. 3. Section 1-82 of the general statutes is repealed and the 86 |
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| 127 | | - | following is substituted in lieu thereof (Effective October 1, 2021): 87 |
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| 128 | | - | (a) (1) Upon the complaint of any person on a form prescribed by the 88 |
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| 129 | | - | board, signed under penalty of false statement, or upon its own 89 |
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| 130 | | - | complaint, the ethics enforcement officer of the Office of State Ethics 90 |
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| 131 | | - | shall investigate any alleged violation of this part, section 1-101bb or 91 |
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| 132 | | - | section 1-101nn or an appeal of a decision made under section 7-148h, 92 |
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| 133 | | - | as amended by this act. Not later than five days after the receipt or 93 |
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| 134 | | - | issuance of such complaint, the board shall provide notice of such 94 |
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| 135 | | - | receipt or issuance and a copy of the complaint by registered or certified 95 |
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| 136 | | - | mail to any respondent against whom such complaint is filed and shall 96 |
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| 137 | | - | provide notice of the receipt of such complaint to the complainant. 97 |
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| 138 | | - | When the ethics enforcement officer of the Office of State Ethics 98 |
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| 139 | | - | undertakes an evaluation of a possible violation of this part, section 1-99 |
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| 140 | | - | 101bb or section 1-101nn or an appeal of a decision made under section 100 |
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| 141 | | - | 7-148h, as amended by this act, prior to the filing of a complaint, the 101 |
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| 142 | | - | subject of the evaluation shall be notified not later than five business 102 |
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| 143 | | - | days after an Office of State Ethics staff member's first contact with a 103 |
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| 144 | | - | third party concerning the matter. 104 |
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| 145 | | - | (2) In the conduct of its investigation of an alleged violation of this 105 |
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| 146 | | - | part, section 1-101bb or section 1-101nn or an appeal of a decision made 106 |
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| 147 | | - | under section 7-148h, as amended by this act, the Office of State Ethics 107 |
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| 148 | | - | shall have the power to hold hearings, administer oaths, examine 108 |
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| 149 | | - | witnesses and receive oral and documentary evidence. The Office of 109 |
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| 150 | | - | Committee Bill No. 296 |
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| 151 | | - | |
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| 152 | | - | |
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| 153 | | - | LCO No. 4964 5 of 12 |
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| 154 | | - | |
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| 155 | | - | State Ethics may subpoena witnesses under procedural rules adopted 110 |
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| 156 | | - | by the Citizen's Ethics Advisory Board as regulations in accordance with 111 |
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| 157 | | - | the provisions of chapter 54 to compel attendance before the Office of 112 |
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| 158 | | - | State Ethics and to require the production for examination by the ethics 113 |
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| 159 | | - | enforcement officer of the Office of State Ethics of any books and papers 114 |
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| 160 | | - | which the Office of State Ethics deems relevant in any matter under 115 |
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| 161 | | - | investigation or in question, provided any such subpoena is issued 116 |
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| 162 | | - | either pursuant to a majority vote of the Citizen's Ethics Advisory Board 117 |
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| 163 | | - | or pursuant to the signature of the chairperson of such board. The vice-118 |
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| 164 | | - | chairperson of such board may sign any such subpoena if the 119 |
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| 165 | | - | chairperson of such board is unavailable. In the exercise of such powers, 120 |
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| 166 | | - | the Office of State Ethics may use the services of the state police, who 121 |
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| 167 | | - | shall provide the same upon the office's request. The Office of State 122 |
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| 168 | | - | Ethics shall make a record of all proceedings conducted pursuant to this 123 |
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| 169 | | - | subsection. The ethics enforcement officer of the Office of State Ethics 124 |
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| 170 | | - | may bring any alleged violation of this part before a judge trial referee 125 |
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| 171 | | - | assigned by the Chief Court Administrator for such purpose for a 126 |
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| 172 | | - | probable cause hearing. Such judge trial referee shall be compensated in 127 |
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| 173 | | - | accordance with the provisions of section 52-434 from such funds as 128 |
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| 174 | | - | may be available to the Office of State Ethics. Any witness summoned 129 |
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| 175 | | - | before the Office of State Ethics or a judge trial referee pursuant to this 130 |
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| 176 | | - | subsection shall receive the witness fee paid to witnesses in the courts 131 |
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| 177 | | - | of this state. During any investigation conducted pursuant to this 132 |
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| 178 | | - | subsection or any probable cause hearing conducted pursuant to this 133 |
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| 179 | | - | subsection, the respondent shall have the right to appear and be heard 134 |
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| 180 | | - | and to offer any information which may tend to clear the respondent of 135 |
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| 181 | | - | probable cause to believe the respondent has violated any provision of 136 |
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| 182 | | - | this part, section 1-101bb or section 1-101nn or made an incorrect 137 |
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| 183 | | - | decision on an issue of law under section 7-148h, as amended by this act. 138 |
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| 184 | | - | The respondent shall also have the right to be represented by legal 139 |
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| 185 | | - | counsel and to examine and cross-examine witnesses. Not later than ten 140 |
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| 186 | | - | days prior to the commencement of any hearing conducted pursuant to 141 |
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| 187 | | - | this subsection, the Office of State Ethics shall provide the respondent 142 |
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| 188 | | - | with a list of its intended witnesses. Any finding of probable cause to 143 |
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| 189 | | - | Committee Bill No. 296 |
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| 190 | | - | |
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| 191 | | - | |
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| 192 | | - | LCO No. 4964 6 of 12 |
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| 193 | | - | |
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| 194 | | - | believe the respondent is in violation of any provisions of this part shall 144 |
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| 195 | | - | be made by a judge trial referee not later than thirty days after the ethics 145 |
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| 196 | | - | enforcement officer brings such alleged violation before such judge trial 146 |
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| 197 | | - | referee, except that such thirty-day limitation period shall not apply if 147 |
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| 198 | | - | the judge trial referee determines that good cause exists for extending 148 |
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| 199 | | - | such limitation period. 149 |
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| 200 | | - | (b) If a judge trial referee determines that probable cause exists for 150 |
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| 201 | | - | the violation of a provision of this part, section 1-101bb or section 1-151 |
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| 202 | | - | 101nn or an incorrect decision on an issue of law under section 7-148h, 152 |
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| 203 | | - | as amended by this act, the board shall initiate hearings to determine 153 |
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| 204 | | - | whether there has been a violation of this part, section 1-101bb or section 154 |
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| 205 | | - | 1-101nn or an incorrect decision on an issue of law under section 7-148h, 155 |
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| 206 | | - | as amended by this act. Any such hearing shall be initiated by the board 156 |
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| 207 | | - | not later than thirty days after the finding of probable cause by a judge 157 |
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| 208 | | - | trial referee and shall be concluded not later than ninety days after its 158 |
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| 209 | | - | initiation, except that such thirty or ninety-day limitation period shall 159 |
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| 210 | | - | not apply if the judge trial referee determines that good cause exists for 160 |
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| 211 | | - | extending such limitation period. A judge trial referee, who has not 161 |
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| 212 | | - | taken part in the probable cause determination on the matter shall be 162 |
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| 213 | | - | assigned by the Chief Court Administrator and shall be compensated in 163 |
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| 214 | | - | accordance with section 52-434 out of funds available to the Office of 164 |
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| 215 | | - | State Ethics. Such judge trial referee shall preside over such hearing and 165 |
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| 216 | | - | rule on all issues concerning the application of the rules of evidence, 166 |
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| 217 | | - | which shall be the same as in judicial proceedings. The judge trial referee 167 |
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| 218 | | - | shall have no vote in any decision of the board. All hearings of the board 168 |
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| 219 | | - | held pursuant to this subsection shall be open. At such hearing the 169 |
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| 220 | | - | board shall have the same powers as the Office of State Ethics under 170 |
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| 221 | | - | subsection (a) of this section and the respondent shall have the right to 171 |
|---|
| 222 | | - | be represented by legal counsel, to compel attendance of witnesses and 172 |
|---|
| 223 | | - | the production of books, documents, records and papers and to examine 173 |
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| 224 | | - | and cross-examine witnesses. Not later than ten days prior to the 174 |
|---|
| 225 | | - | commencement of any hearing conducted pursuant to this subsection, 175 |
|---|
| 226 | | - | the Office of State Ethics shall provide the respondent with a list of its 176 |
|---|
| 227 | | - | intended witnesses. The judge trial referee shall, while engaged in the 177 |
|---|
| 228 | | - | Committee Bill No. 296 |
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| 229 | | - | |
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| 230 | | - | |
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| 231 | | - | LCO No. 4964 7 of 12 |
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| 232 | | - | |
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| 233 | | - | discharge of the duties as provided in this subsection, have the same 178 |
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| 234 | | - | authority as is provided in section 51-35 over witnesses who refuse to 179 |
|---|
| 235 | | - | obey a subpoena or to testify with respect to any matter upon which 180 |
|---|
| 236 | | - | such witness may be lawfully interrogated, and may commit any such 181 |
|---|
| 237 | | - | witness for contempt for a period no longer than thirty days. The Office 182 |
|---|
| 238 | | - | of State Ethics shall make a record of all proceedings pursuant to this 183 |
|---|
| 239 | | - | subsection. During the course of any such hearing, no ex-parte 184 |
|---|
| 240 | | - | communication shall occur between the board, or any of its members, 185 |
|---|
| 241 | | - | and: (1) The judge trial referee, or (2) any staff member of the 186 |
|---|
| 242 | | - | Enforcement Division of the Office of State Ethics, concerning the 187 |
|---|
| 243 | | - | complaint or the respondent. The board shall find no person in violation 188 |
|---|
| 244 | | - | of any provision of this part, section 1-101bb or section 1-101nn or a 189 |
|---|
| 245 | | - | finding of an incorrect decision on an issue of law under section 7-148h, 190 |
|---|
| 246 | | - | as amended by this act, except upon the concurring vote of two-thirds 191 |
|---|
| 247 | | - | of its members present and voting. No member of the board shall vote 192 |
|---|
| 248 | | - | on the question of whether a violation of any provision of this part has 193 |
|---|
| 249 | | - | occurred unless such member was physically present for the duration 194 |
|---|
| 250 | | - | of any hearing held pursuant to this subsection. Not later than fifteen 195 |
|---|
| 251 | | - | days after the public hearing conducted in accordance with this 196 |
|---|
| 252 | | - | subsection, the board shall publish its finding and a memorandum of 197 |
|---|
| 253 | | - | the reasons therefor. Such finding and memorandum shall be deemed 198 |
|---|
| 254 | | - | to be the final decision of the board on the matter for the purposes of 199 |
|---|
| 255 | | - | chapter 54. The respondent, if aggrieved by the finding and 200 |
|---|
| 256 | | - | memorandum, may appeal therefrom to the Superior Court in 201 |
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| 257 | | - | accordance with the provisions of section 4-183, except a finding 202 |
|---|
| 258 | | - | concerning an issue of law for an appeal filed under section 7-148h, as 203 |
|---|
| 259 | | - | amended by this act, shall not be appealable to the Superior Court. 204 |
|---|
| 260 | | - | (c) If a judge trial referee finds, after a hearing pursuant to this 205 |
|---|
| 261 | | - | section, that there is no probable cause to believe that a public official or 206 |
|---|
| 262 | | - | state employee has violated a provision of this part, section 1-101bb or 207 |
|---|
| 263 | | - | section 1-101nn, or if the board determines that a public official or state 208 |
|---|
| 264 | | - | employee has not violated any such provision, or if a court of competent 209 |
|---|
| 265 | | - | jurisdiction overturns a finding by the board of a violation by such a 210 |
|---|
| 266 | | - | respondent, the state shall pay the reasonable legal expenses of the 211 |
|---|
| 267 | | - | Committee Bill No. 296 |
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| 268 | | - | |
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| 269 | | - | |
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| 270 | | - | LCO No. 4964 8 of 12 |
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| 271 | | - | |
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| 272 | | - | respondent as determined by the Attorney General or by the court if 212 |
|---|
| 273 | | - | appropriate. If any complaint brought under the provisions of this part, 213 |
|---|
| 274 | | - | section 1-101bb or section 1-101nn is made with the knowledge that it is 214 |
|---|
| 275 | | - | made without foundation in fact, the respondent shall have a cause of 215 |
|---|
| 276 | | - | action against the complainant for double the amount of damage caused 216 |
|---|
| 277 | | - | thereby and, if the respondent prevails in such action, the respondent 217 |
|---|
| 278 | | - | may be awarded by the court the costs of such action together with 218 |
|---|
| 279 | | - | reasonable attorneys' fees. 219 |
|---|
| 280 | | - | (d) No complaint may be made under this section later than five years 220 |
|---|
| 281 | | - | after the violation alleged in the complaint has been committed. 221 |
|---|
| 282 | | - | (e) No person shall take or threaten to take official action against an 222 |
|---|
| 283 | | - | individual for such individual's disclosure of information to the board 223 |
|---|
| 284 | | - | or the general counsel, ethics enforcement officer or staff of the Office of 224 |
|---|
| 285 | | - | State Ethics under the provisions of this part, section 1-101bb or section 225 |
|---|
| 286 | | - | 1-101nn or an appeal under section 7-148h, as amended by this act. After 226 |
|---|
| 287 | | - | receipt of information from an individual under the provisions of this 227 |
|---|
| 288 | | - | part, section 1-101bb or section 1-101nn or an appeal under section 7-228 |
|---|
| 289 | | - | 148h, as amended by this act, the Office of State Ethics shall not disclose 229 |
|---|
| 290 | | - | the identity of such individual without such individual's consent unless 230 |
|---|
| 291 | | - | the Office of State Ethics determines that such disclosure is unavoidable 231 |
|---|
| 292 | | - | during the course of an investigation. No person shall be subject to civil 232 |
|---|
| 293 | | - | liability for any good faith disclosure that such person makes to the 233 |
|---|
| 294 | | - | Office of State Ethics. 234 |
|---|
| 295 | | - | Sec. 4. Section 1-82a of the general statutes is repealed and the 235 |
|---|
| 296 | | - | following is substituted in lieu thereof (Effective October 1, 2021): 236 |
|---|
| 297 | | - | (a) Unless a judge trial referee makes a finding of probable cause, a 237 |
|---|
| 298 | | - | complaint alleging a violation of this part, section 1-101bb or section 1-238 |
|---|
| 299 | | - | 101nn or an incorrect decision on an issue of law under section 7-148h, 239 |
|---|
| 300 | | - | as amended by this act, shall be confidential except upon the request of 240 |
|---|
| 301 | | - | the respondent. An evaluation of a possible violation of this part, section 241 |
|---|
| 302 | | - | 1-101bb or section 1-101nn or a possible incorrect decision on an issue of 242 |
|---|
| 303 | | - | law under section 7-148h, as amended by this act, by the Office of State 243 |
|---|
| 304 | | - | Committee Bill No. 296 |
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| 305 | | - | |
|---|
| 306 | | - | |
|---|
| 307 | | - | LCO No. 4964 9 of 12 |
|---|
| 308 | | - | |
|---|
| 309 | | - | Ethics prior to the filing of a complaint shall be confidential except upon 244 |
|---|
| 310 | | - | the request of the subject of the evaluation. If the evaluation is 245 |
|---|
| 311 | | - | confidential, any information supplied to or received from the Office of 246 |
|---|
| 312 | | - | State Ethics shall not be disclosed to any third party by a subject of the 247 |
|---|
| 313 | | - | evaluation, a person contacted for the purpose of obtaining information 248 |
|---|
| 314 | | - | or by the ethics enforcement officer or staff of the Office of State Ethics. 249 |
|---|
| 315 | | - | No provision of this subsection shall prevent the Office of State Ethics 250 |
|---|
| 316 | | - | from reporting the possible commission of a crime to the Chief State's 251 |
|---|
| 317 | | - | Attorney or other prosecutorial authority. 252 |
|---|
| 318 | | - | (b) An investigation conducted prior to a probable cause finding shall 253 |
|---|
| 319 | | - | be confidential except upon the request of the respondent. If the 254 |
|---|
| 320 | | - | investigation is confidential, the allegations in the complaint and any 255 |
|---|
| 321 | | - | information supplied to or received from the Office of State Ethics shall 256 |
|---|
| 322 | | - | not be disclosed during the investigation to any third party by a 257 |
|---|
| 323 | | - | complainant, respondent, witness, designated party, or board or staff 258 |
|---|
| 324 | | - | member of the Office of State Ethics. 259 |
|---|
| 325 | | - | (c) Not later than three business days after the termination of the 260 |
|---|
| 326 | | - | investigation, the Office of State Ethics shall inform the complainant and 261 |
|---|
| 327 | | - | the respondent of its finding and provide them a summary of its reasons 262 |
|---|
| 328 | | - | for making that finding. The Office of State Ethics shall publish its 263 |
|---|
| 329 | | - | finding upon the respondent's request and may also publish a summary 264 |
|---|
| 330 | | - | of its reasons for making such finding. 265 |
|---|
| 331 | | - | (d) If a judge trial referee makes a finding of no probable cause, the 266 |
|---|
| 332 | | - | complaint and the record of the Office of State Ethics' investigation shall 267 |
|---|
| 333 | | - | remain confidential, except upon the request of the respondent and 268 |
|---|
| 334 | | - | except that some or all of the record may be used in subsequent 269 |
|---|
| 335 | | - | proceedings. No complainant, respondent, witness, designated party, or 270 |
|---|
| 336 | | - | board or staff member of the Office of State Ethics shall disclose to any 271 |
|---|
| 337 | | - | third party any information learned from the investigation, including 272 |
|---|
| 338 | | - | knowledge of the existence of a complaint, which the disclosing party 273 |
|---|
| 339 | | - | would not otherwise have known. If such a disclosure is made, the judge 274 |
|---|
| 340 | | - | trial referee may, after consultation with the respondent if the 275 |
|---|
| 341 | | - | Committee Bill No. 296 |
|---|
| 342 | | - | |
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| 343 | | - | |
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| 344 | | - | LCO No. 4964 10 of 12 |
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| 345 | | - | |
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| 346 | | - | respondent is not the source of the disclosure, publish the judge trial 276 |
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| 347 | | - | referee's finding and a summary of the judge trial referee's reasons 277 |
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| 348 | | - | therefor. 278 |
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| 349 | | - | (e) The judge trial referee shall make public a finding of probable 279 |
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| 350 | | - | cause not later than five business days after any such finding. At such 280 |
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| 351 | | - | time the entire record of the investigation shall become public, except 281 |
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| 352 | | - | that the Office of State Ethics may postpone examination or release of 282 |
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| 353 | | - | such public records for a period not to exceed fourteen days for the 283 |
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| 354 | | - | purpose of reaching a stipulation agreement pursuant to subsection (c) 284 |
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| 355 | | - | of section 4-177. Any such stipulation agreement or settlement shall be 285 |
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| 356 | | - | approved by a majority of those members present and voting. 286 |
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| 357 | | - | Sec. 5. Section 1-88 of the general statutes is repealed and the 287 |
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| 358 | | - | following is substituted in lieu thereof (Effective October 1, 2021): 288 |
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| 359 | | - | (a) (1) The board, upon a finding made pursuant to section 1-82, as 289 |
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| 360 | | - | amended by this act, that there has been a violation of any provision of 290 |
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| 361 | | - | this part, section 1-101bb or section 1-101nn, shall have the authority to 291 |
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| 362 | | - | order the violator to do any or all of the following: [(1)] (A) Cease and 292 |
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| 363 | | - | desist the violation of this part, section 1-101bb or section 1-101nn; [(2)] 293 |
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| 364 | | - | (B) file any report, statement or other information as required by this 294 |
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| 365 | | - | part, section 1-101bb or section 1-101nn; and [(3)] (C) pay a civil penalty 295 |
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| 366 | | - | of not more than ten thousand dollars for each violation of this part, 296 |
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| 367 | | - | section 1-101bb or section 1-101nn. 297 |
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| 368 | | - | (2) The board, upon a finding made pursuant to section 1-82, as 298 |
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| 369 | | - | amended by this act, that there has been an incorrect decision on an 299 |
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| 370 | | - | issue of law under section 7-148h, as amended by this act, shall remand 300 |
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| 371 | | - | the case to the municipal board, commission, council, committee or 301 |
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| 372 | | - | other agency established under subsection (a) of section 7-148h, as 302 |
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| 373 | | - | amended by this act, for any remedies authorized by law. 303 |
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| 374 | | - | (b) Notwithstanding the provisions of subsection (a) of this section, 304 |
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| 375 | | - | the board may, after a hearing conducted in accordance with sections 4-305 |
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| 376 | | - | 176e to 4-184, inclusive, upon the concurring vote of two-thirds of its 306 |
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| 377 | | - | Committee Bill No. 296 |
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| 378 | | - | |
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| 379 | | - | |
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| 380 | | - | LCO No. 4964 11 of 12 |
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| 381 | | - | |
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| 382 | | - | members present and voting, impose a civil penalty not to exceed ten 307 |
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| 383 | | - | dollars per day upon any individual who fails to file any report, 308 |
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| 384 | | - | statement or other information as required by this part, section 1-101bb 309 |
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| 385 | | - | or section 1-101nn. Each distinct violation of this subsection shall be a 310 |
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| 386 | | - | separate offense and in case of a continued violation, each day thereof 311 |
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| 387 | | - | shall be deemed a separate offense. In no event shall the aggregate 312 |
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| 388 | | - | penalty imposed for such failure to file exceed ten thousand dollars. 313 |
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| 389 | | - | (c) The board may also report its finding to the Chief State's Attorney 314 |
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| 390 | | - | for any action deemed necessary. The board, upon a finding made 315 |
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| 391 | | - | pursuant to section 1-82, as amended by this act, that a member or 316 |
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| 392 | | - | member-elect of the General Assembly has violated any provision of 317 |
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| 393 | | - | this part, section 1-101bb or section 1-101nn, shall notify the appropriate 318 |
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| 394 | | - | house of the General Assembly, in writing, of such finding and the basis 319 |
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| 395 | | - | for such finding. 320 |
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| 396 | | - | (d) Any person who knowingly acts in such person's financial interest 321 |
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| 397 | | - | in violation of section 1-84, 1-85, 1-86, 1-86d, 1-86e or 1-101nn or any 322 |
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| 398 | | - | person who knowingly receives a financial advantage resulting from a 323 |
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| 399 | | - | violation of any of said sections shall be liable for damages in the 324 |
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| 400 | | - | amount of such advantage. If the board determines that any person may 325 |
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| 401 | | - | be so liable, it shall immediately inform the Attorney General of that 326 |
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| 402 | | - | possibility. 327 |
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| 403 | | - | (e) Any employee of the Office of State Ethics or member of the 328 |
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| 404 | | - | Citizen's Ethics Advisory Board who, in violation of this part or section 329 |
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| 405 | | - | 1-101nn, discloses information filed in accordance with subparagraph 330 |
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| 406 | | - | (F) of subdivision (1) of subsection (b) of section 1-83, shall be dismissed, 331 |
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| 407 | | - | if an employee, or removed from the board, if a member. 332 |
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| 408 | | - | (f) Any civil penalty imposed by the board pursuant to this section 333 |
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| 409 | | - | may be enforced by the Office of State Ethics as a money judgment in 334 |
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| 410 | | - | accordance with chapter 906. 335 |
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| 411 | | - | Committee Bill No. 296 |
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| 412 | | - | |
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| 413 | | - | |
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| 414 | | - | LCO No. 4964 12 of 12 |
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| 415 | | - | |
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| 416 | | - | This act shall take effect as follows and shall amend the following |
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| 417 | | - | sections: |
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| 418 | | - | |
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| 419 | | - | Section 1 October 1, 2021 7-148h |
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| 420 | | - | Sec. 2 October 1, 2021 1-81(a) |
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| 421 | | - | Sec. 3 October 1, 2021 1-82 |
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| 422 | | - | Sec. 4 October 1, 2021 1-82a |
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| 423 | | - | Sec. 5 October 1, 2021 1-88 |
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| 424 | | - | |
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| 24 | + | That section 7-148h of the general statutes be amended to provide a 1 |
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| 25 | + | right to appeal the decision of a municipal ethics board to the Office of 2 |
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| 26 | + | State Ethics. 3 |
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