Common Council

SPECIAL MEETING OF THE COMMON COUNCIL MIDDLETOWN CONNECTICUT ETHICS WORKSHOP MONDAY, DECEMBER 2, 2019 6:30 PM MINUTES The Special Meeting -- Ethics Workshop -- of the Common Council of the City of Middletown was held in the Council Chamber of the Municipal Building on Monday, December 2, 2019, at 6:30 PM. Present: Councilwoman Jeanette Blackwell Councilwoman Meghan Carta Councilman Grady Faulkner, Jr. Deputy Majority Leader. Councilman Darnell Ford Councilman Edward Ford, Jr. Councilman Anthony Gennaro, Sr., Deputy Minority Leader Councilman Vincent Loffredo, Deputy Mayor Councilman Edward McKeon Councilman Eugene Nocera, Majority Leader Councilman Philip Pessina, Minority Leader Councilwoman Linda Salafia Also Present: Mayor Benjamin D. Florshiem -- Chair Linda Reed, -- Clerk of the Common Council Daniel Ryan, Esq. -- Corporation Counsel Officer Matt Tiano -- Middletown Police, Sergeant-at-Arms, Barbara Knoll Peterson, Mayor’s Administrative Assistant Kori Wisneski, Esq. – Deputy General Counsel Faith Jackson, Director – Office of Equal Opportunity & Diversity Management Keisha Michael -- Arts Coordinator Members of the Public: 10 1. Call to Order Mayor Benjamin Florsheim calls the workshop special meeting regarding the City’s Code of Ethics to order at 6:30 PM. He leads the public in the Pledge of Allegiance. The Clerk reads the Call of the Meeting and the Chair declares the call a legal call and the meeting a legal meeting. 2. Public Hearing Opens The Chair asks for a motion to waive the public hearing. Councilman Eugene Nocera moves to waive the public hearing. Councilwoman Meghan Carta seconds the motion. There being no discussion, the Chair calls for the vote. The motion to waive the public hearing is approved with 11 aye votes (Councilmembers Blackwell, Carta, Faulkner, D. Ford, E. Ford, Gennaro, McKeon, Nocera, Loffredo, Nocera, Pessina, and Salafia). The motion to waive the public hearing passes. 3. Public Hearing Closes The public hearing has been waived, 4. Review of City of Middletown Code of Ethics The Chair turns the floor over to Councilman Eugene Nocera. He thanks the Deputy General Counsel Wisneski for attending this meeting. The Chaired calls on Councilman Eugene Nocera. DECEMBER 2, 2019 SPECIAL COMMON COUNCIL MEETING – ETHICS WORKSHOP Page 2 Councilman Nocera explains that, during the transition, he met with Councilman Philip Pessina and Councilman Loffredo and discussed past practices on the Code of Ethics. They agreed that, since there are so many new members, rather a simple sign off of the process, which typically occurs, they have a discussion. He acknowledges that there is great deal of business and time is short; however, he believes that it is important that they take the time and review the Code and the open it up to questions. Attorney Wisneski steps to the podium and introduces herself to the Common Council. . Chapter 40. Ethics Article I. Code of Ethics § 40-1. Declaration of policy. The proper operation of the City government requires that public officials and employees be independent, impartial and responsible; that governmental policies and decisions be made in the proper channels of the governmental structure; that public office and employment not be used for personal gain; and that the public have confidence in the integrity of its government. The purposes of this Code of Ethics are to set forth standards of ethical conduct; to assist public officials and employees in establishing guidelines for their conduct; and to foster the development and maintenance of a tradition of responsible and effective public service. § 40-2. Definitions. [Amended 12-7-1992] As used in this chapter, unless a different meaning is required by the context or is specifically prescribed, the following words, terms or phrases shall have the following meanings: AGENCY Includes the Common Council, the Board of Education and all other agencies, authorities, boards, commissions, committees, departments and offices of the City of Middletown without exception. CONFIDENTIAL INFORMATION Any information which is not available to the general public under the General Statutes and which is obtained only by reason of an official's or employee's position. FAMILY Spouse, parent, children, siblings and their spouses or children. FINANCIAL INTEREST Any interest which will result in a monetary or other material benefit to an official or employee, either directly or indirectly (which has a value of more than $50 to the official or employee), other than his duly authorized salary or compensation for his services to the City, and which is not common to the interest of all other citizens of the City. The following financial interests shall be imputed to be those of an official or employee of the City: A. That of a spouse or child of an official or employee. B. That of any prime contractor or subcontractor of the City in which the official or employee or any member of his immediate family has any direct or indirect interest as the proprietor, by ownership of stock or partnership interest. OFFICIALS or EMPLOYEES All officials, officers, members and employees of the government of the City of Middletown and of all its agencies, whether elected or appointed, whether paid or unpaid, whether permanent, temporary or alternate. PERSONAL INTEREST As distinguished from financial interest shall include but not be limited to an interest arising from a family relationship or business association. TRANSACTION The offer of or the sale, purchase or furnishing of any real or personal property, or services, by or to any person or entity directly or indirectly, as vendor or vendee, prime contractor, subcontractor or otherwise, for the use and benefit of the City or of such other person or entity, for a valuable consideration. § 40-3. Applicability. All City officials and employees shall be bound by this chapter. § 40-4. Standards of conduct. [Amended 12-1-1980; 12-7-1992] A. Officials and employees have an obligation to act morally and honestly in discharging their responsibilities. B. Officials and employees shall conduct themselves with propriety, discharge their duties impartially and fairly and make continuing efforts toward attaining and maintaining high standards of conduct. C. Each official serving on a multi-member agency, authority, board, commission or committee is expected to devote the time and effort necessary to the successful functioning of such agency, authority, board, commission or committee. D. No official or employee shall use, directly or indirectly, his City position to secure any financial interest or personal interest for himself or others. E. No official or employee shall, for any reason, use or attempt to use his position to improperly influence any other official or employee in the performance of his official duties. DECEMBER 2, 2019 SPECIAL COMMON COUNCIL MEETING – ETHICS WORKSHOP Page 3 F. City officials and employees shall treat each member of the public professionally, courteously, impartially and fairly. No City official or employee shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen. § 40-5. Use of City resources. No official or employee shall use or permit the use of City-owned material or City personnel in any manner prohibited by state statute, City ordinance or administrative regulation. City-owned property and City personnel may be used only for the conduct of official business, except where such resources are available to the public generally. § 40-6. Conflict of interest. [Amended 12-1-1980] A. No official or employee shall engage in any employment or business which conflicts with the proper discharge of his official duties. B. No official or employee shall have a financial or personal interest, directly or indirectly, in any transaction with any City agency as to which he has the power to take or influence official action. A contract in violation of this section may be declared void at the option of the Common Council. C. If an official or employee has any direct or indirect financial or personal interest in the outcome of any matter coming before the agency of which he is a member or by which he is employed, such official or employee shall disclose on the record of the agency or to his superior or other appropriate authority the existence of such financial or personal interest. An official or employee having such a financial interest shall not engage in deliberations concerning the matter, shall disqualify himself from acting on the matter and shall not communicate about such matter with any person who will participate in the action to be taken on such matter. Unless any such personal interest is sufficiently remote from the matter, such official or employee shall not engage in deliberations concerning the matter, shall disqualify himself from acting on the matter and shall not communicate about such matter with any person who will participate in the action to be taken on such matter. D. No official or employee, whether paid or unpaid, shall represent or appear in behalf of any individual or entity, either personally or through an associate or partner, against the interests of the City or any of its agencies in any action or proceeding in which the City or any of its agencies is a party, unless the action or proceeding is sufficiently remote from his official duties so that no actual conflict of interest exists. E. No official or employee, whether paid or unpaid, shall represent or appear in behalf of any individual or entity before any agency of the City, or take any appellate proceedings from any action of any such agency, either personally or through an associate or partner, unless there is first a full disclosure and unless further the matter or transaction for which he is appearing is sufficiently remote from his official duties so that no conflict of interest exists and the officer or employee is not in a position to exert improper influence. F. Nothing herein shall be interpreted or construed to prohibit any official or employee from exercising his legal rights as to his own personal interests in processing a claim against or request to the City or any of its agencies, or in defending a claim made against him by the City or any of its agencies, or to prohibit an official or employee from testifying as a witness in any administrative or judicial proceeding. § 40-7. Confidential information. A. No official or employee shall, without legal authority, disclose confidential information concerning the personnel, property, government or affairs of the City. B. No official or employee shall use confidential information to advance his own financial or personal interests or the financial or personal interests of any other person. § 40-8. Gifts, gratuities and favors. No official or employee shall accept, from any one source during any period of one year, any thing or things exceeding $50 in total value as a gift, gratuity or favor, whether in the form of a service, loan, thing or promise, from any person who or entity which to his knowledge is interested directly or indirectly, in any manner whatsoever, in a transaction with any City agency as to which he has the power to take or influence official action. § 40-9. Distribution of Code of Ethics. [Added 12-7-1992; amended 6-2-1997; 11-5-2007 by Ord. No. 32-07; 5-2-2013 by Ord. No. 10-13; 5-2-2013 by Ord. No. 11-13] The Director of Human Resources shall cause a copy of the Code of Ethics for the City of Middletown to be distributed to each employee of the City within four months of the enactment of this section. Thereafter each newly elected or appointed official or newly hired employee shall receive a copy of the Code of Ethics before entering upon the duties of their office or appointment. The Mayor’s Office shall distribute copies to elected officials. A signed and dated receipt by each employee and elected official shall be kept on record in the applicable office, Human Resources Division of the Office of the General Counsel for City employees and Mayor’s office for elected officials, for the duration of employment or term of office. The Code was adopted in 1980 and she estimates that it has been revised about seven (7) time. There are two (2) articles. The first article includes the standards of conduct, which is the “meat and potatoes” of the ethics code. The second article is the Board of Ethics, including composition. Attorney Wisneski reads the declaration of policy, Section 40-1, indicating it specifies what should be held as important. The theme is code of conduct. She states that the Office of General Counsel is available to answer questions about Code. The authority lies with Board of Ethics, adding that the Office of General DECEMBER 2, 2019 SPECIAL COMMON COUNCIL MEETING – ETHICS WORKSHOP Page 4 Counsel does not offer an opinion as to whether or not an ethics violation has occurred. They do, however, always alert people that there is an ethics code. Based on the facts provided, if someone needs an advisory option, that individual can contact their department head to seek a legal opinion. She describes the composition of the Board of Ethics, noting that there are some vacancies. It has three (3) main powers: (1) advisory opinions to elected official and employees (2) investigate and hear complaints; and (3) recommendations to the Common Council for changes to the Ethics Board. She reads information from the Code as to the board’s composition, appointed by the Mayor with the approval of the Common Council. The appointments are subject to State minority representation statutory requirements. There are some vacancies, which will likely be filed in the coming months. They render opinions, but cannot take disciplinary action. She suggests that they contact General Counsel Brig Smith or the Mayor as the Director or Supervisor. Requests must be in writing and signed, naming the accused person. That form is filed with their staff person. If the board requires additional information, they will request it. The Ethics Board must adhere with a strict timeline. It investigates complaints. She reminds them no to copy the media because that is in violation of the Code. It is not a way to make news, but to seal with ethics issues. It only becomes public if the Ethics Board determines that there is probable cause. It then goes to a public hearing. The decision will be made public. In terms of expenses, if someone defends the complaint and is found “not guilty,” they can seek reimbursement. It is common sense. She encourages the Councilmember’s to read the Code as it has a lot of information. When things come up during tenure, read it again to determine concerns like conflicts. The Code also contains definitions. She reminds the Council that there is a freedom of Information workshop on Thursday, December 5th at 6:00 PM in the Chamber and encourages Councilmember’s to attend. She reminds the Councilmembers that: (1) everything you put in writing is discoverable; (2) use city email for city business rather than personal email; and (3) open meetings, includes social media, so avoid substantive conversations about city business on social media. Councilman Vincent Loffredo asks about advisory opinions and if there is an available file. . Attorney Wisneski replies that they are on file in the Town Clerk’s Office and Mayor’s Office. Councilman Loffredo asks if there is a catalog. Attorey Wisneski replies that they should have one. The Chair calls on Councilman Grady Faulkner. Councilman Faulkner asks if it is a list of the conflict of interest. Attorney Wisneski relies that conflicts of interests are set forth in . . . if a complaint is filed with the Board of Ethics. Councilman Faulkner (inaudible). Attorney Wisneski is not sure if there is a list, adding that, if something comes up in a public meeting, put it on the record. If someone feels he/she has a financial interest of concern, state it in the record and recuse yourself. There is no grad list. The Chair calls on Councilman Edward McKeon. Councilman McKeon states that he has two (2) questions. First, if a councilmember is accused of an ethical violation, is the Council indemnified? Are Councilmembers guaranteed representation by the City? Attorney Wisneski replies that is fact specific and set forth by State statue the City’s duty to indemnify and defend elected officials or City employees. She asks if he is referring to the Board of ethics, adding that they have never been asked to provide representation on a Board of Ethics matter. People get their own counsel and, if cleared, get reimbursed by the City. Attorney Wisneski adds that, if has more questions, there are State laws and they do have insurance for directors and officers depending on circumstances. Councilman McKeon states that, relative to his second question, we all want to adhere to these regulations so are there teeth on the other end. It states that the finding is passed onto the mayor’s office or Common Council or some other entity for action. He asks what that means. Attorney Wisneski replies that the Board of Ethics is advisory. For a City employee it would be forwarded to the Mayor for whatever discipline might be appropriate. That employee would be subject to due process and have to go through that process. As for elected officials, she is not sure, adding that it depends on what is going on. The Chair calls on Councilman Eugene Nocera. Councilman Nocera thanks Attorney Wisneski for her excellent summary. (Inaudible.) 5. Meeting adjourned There being no further business, the Chair asks for a motion to adjourn. Councilman Grady Faulkner moves to adjourn. Councilman Vincent Loffredo seconds the motion. There being no discussion, the Chair calls for the vote. The matins to adjourn is approved with 11 aye votes. The motion to adjourn is approved. DECEMBER 2, 2019 SPECIAL COMMON COUNCIL MEETING – ETHICS WORKSHOP Page 5 The meeting is adjourned at 7:03 PM. ATTEST: LINDA S.K. REED, COMMON COUNCIL CLERK K: review/ minutes/ 19 December 02 -- special meeting ethics workshop minutes – 2 December 2019