The Waterford Representative Town Meeting has referred a proposed change to the town ethics ordinance to the Legislative and Administrative Standing Committee for review and public Hearing. Unlike most ordinance changes, this change was developed by the Ethics Committee with the input of the town attorney before forwarding to the RTM.

This column is the first of two examining the ethics ordinance as proposed by the Ethics Commission to the RTM. This column will discuss the code of ethics, and the second column will discuss the Ethics Commission itself.

This is the first major review and revision of this ordinance since it was initially approved and adopted by the RTM in June 1992. There were minor revisions to the ordinance passed by the RTM in February 1994, February 1998, and February 2003. This column will discuss the ordinance assuming that the changes proposed are eventually approved by the RTM.

Ethics ordinances are the guard rails for public officials and town employees as they make decisions in town government. A cynic once said that it merely documents the limits of graft permitted in the town since much of the ordinance deals with the value of gifts and favors that are permitted to be received by public officials and town employees.

Connecticut statutes encourage municipalities to promulgate a code of ethics and establish a commission to monitor and enforce the code.

According to the ordinance, its purpose is “to maintain and increase the confidence of our citizens in the integrity and fairness of their government.” It further states that “public officials and town employees should not place themselves in positions where private interest conflicts with public duty.”

Probably the most important definition in the list of definitions in the ordinance is that of a gift. “Gift includes, but is not necessarily limited to, a payment, subscription, advance, forbearance, rendering of service, deposit of money, favorable treatment of consequence, or anything of value that is directly and personally received.”

Gift exceptions listed are, first, a political contribution reported as required by law; second, “services supporting a political candidate or party without compensation by persons volunteering their time”; third, a commercially reasonable loan made “on terms not more favorable than loans made in the ordinary course of business”; fourth, “anything of value received because of a family or close personal relationship with the donor”; fifth, “a nonpecuniary gift, including food or beverage, not to exceed $25.00 in value” (this is a reduction from the $50 in the current ordinance.); sixth, a public service award; and, finally, “any gift that would have been offered or given to the individual regardless of the individual’s status as a public official or town employee.”

The key to the code of ethics is the proposition that a person may not take official action on any matter in which they have a substantial conflict (they or their kin or their business would benefit from the matter). If they reveal the conflict, they may participate in the discussion but they may not take any action.

A person may not use their position for personal gain, use town owned equipment for personal convenience or profit. A person “shall not accept a gift that might reasonably tend to influence the impartial discharge of their official acts.”

The Code limits the person to non-bid contracts of $500 or a series of non-bid contracts totaling $2,000 per year. Persons are permitted to submit sealed bids as long as they are not in the decision tree for the particular bid. No one will get “special treatment” beyond that which is available to every other citizen and no person should use their position to directly benefit any political party or candidate for public office.

The ordinance requires that a copy the code of ethics be provided to every public official and town employee within 30 days on enactment and each public official and town employee be given a copy before entering the duties of the office or employment.

Author’s Note: The author drafted the original ethics ordinance that was passed by the RTM June 1, 1992, while a member and then chairman of the Legislative and Administrative Standing Committee.

John W. “Bill” Sheehan is a member of the Waterford Board of Finance.