Norwich – Ethics Commission members disagreed with the report by an attorney hired by the utilities commission that the participants in the Kentucky Derby controversy could not be disciplined, and will recommend that city officials strengthen the ethics code, including adding enforcement language and clarifying that utilities officials are covered in the ordinance.

The commission Tuesday briefly reviewed the report submitted to the Board of Public Utilities by attorney Anthony Palermino Sept. 26, which concluded that the four Norwich Public Utilities officials who attended the 2016 Kentucky Derby trip were acting as officials of the Connecticut Municipal Electric Energy Cooperative, which hosted the trips.

“This is not good,” Ethics Commission member Robert Ballard said of Palermino’s findings. “They missed the big points. He doesn’t get that these people were not brought before the commission because they are CMEEC representatives. They were brought before the commission because they are Norwich entities.”

The Ethics Commission already had been discussing ways to strengthen the ethics ordinance during its past few meetings, but waited until receiving the report from the NPU attorney before voting on a series of recommendations to the City Council. Ethics Commission Chairman Carol Menard said she will finalize the draft letter this week and forward it to the City Council.

Commission member Christopher Dixon wrote the draft letter, which includes a list of penalties authorized in Preston’s ethics ordinance, including possible fines, restitution and suspensions from appointed, elected or employment positions. Menard said the commission isn’t recommending specific penalties, but only that city officials consider strengthening the ordinance to include possible enforcement action.

The commission wants to incorporate its rules and procedures directly into the ordinance, avoiding confusion raised by NPU officials that the commission did not follow the ordinance language in its review of the Kentucky Derby complaints. The commission also will ask for more flexibility on the 18-month time limit for raising complaints if information is revealed outside that time frame, such as the Kentucky Derby trips from 2013, 2014 and 2015.

The commission also will add one suggestion listed in Palermino’s report that would allow the commission to reach an agreement with the subject of a complaint if the person agrees he or she had violated the city’s ethics code. Menard said the agreement could come before the lengthy and burdensome public hearing process and could include restitution if the matter involved a gift or letter of apology.

The Ethics Commission voted on the letter, endorsing it unanimously, although it was still in draft form, because the terms for all six members of the commission expire Oct. 18. Not knowing whether the City Council will reappoint them, members said they needed to act on the recommended ordinance changes this week.

c.bessette@theday.com