New Haven Independent

ORDINANCE AMENDMENT UPDATING THE CODE OF ETHICS FOR PUBLIC OFFICIALS, EXECUTIVE MANAGEMENT EMPLOYEES AND CITY CONTRACTORS

Be it ordained by the Board of Aldermen that a new section to the Code of Ordinances be and hereby be added as follows:
All City-wide elected officials, members of the Board of Aldermen, all City department heads and their deputies, members or directors of each quasi-public agency, members of executive management acting department heads shall be subject to the provisions of this subsection. These provisions will also apply to any person hired as a contractor to perform the duties of any of the previous mentioned individuals.

No public official, executive management employee or candidate for public office, or person hired as a contractor to perform the duties of any of the previous mentioned individuals or a member of any such person’s staff or immediate family shall knowingly accept any Gift during the official’s, employee’s or staff member’s City service or such candidacy and for one year after leaving City service or the termination of such candidacy.

No public official or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals shall knowingly accept, directly or indirectly, any Gift, during the official’s or employee’s City service and for one year after leaving City service, from any person or entity the official or employee knows or has reason to know: (a) is doing business with or seeking to do business with the department or agency in which the official or employee is employed; (b) is engaged in activities which are directly regulated by such department or agency; or (c) contracts with the City of New Haven.

No former public official or executive management employee nor any member nor director of a quasi-pubic agency nor any person hired as a contractor to perform the duties of any of the previous mentioned individuals who participated substantially in the negotiation or award of a City contract valued at an amount of five thousand dollars or more, or who supervised the negotiation or award of such a contract or agreement, shall accept employment with a party to the contract or agreement for a period of one year after the public official’s or executive management employee’s has left office or resigned from office or employment.

No former public official or executive management employee nor any member or director or a quasi-pubic agency nor any person hired as a contractor to perform the duties of any of the previous mentioned individuals for one year after leaving the employ of the City, shall be a lobbyist with regard to any City business.

A public official, including an elected City official, or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals, shall be deemed in substantial conflict with the proper discharge of his duties or employment in the public interest and of his responsibilities as prescribed in the laws of this City, if he has reason to believe or expect that he, his spouse, a dependent child, or a business with which he is associated will derive a direct monetary gain or suffer a direct monetary loss, as the case may be, by reason of his official activity.

Therefore, such public official or elected City official or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals who has a substantial conflict may not take official action on the matter.

A public official, including an elected City official, or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals does not have an interest which is in substantial conflict with the proper discharge of his duties in the public interest and of his responsibilities as prescribed by the laws of this City, if any benefit or detriment accrues to him, his spouse, a dependent child, or a business with which he, his spouse or such dependent child is associated or, in the case of a member of the Board of Aldermen, a business in which he is employed, if such benefit or detriment is suffered by them is no greater than that benefit or detriment suffered by any other member of such profession, occupation or group.

No public official or executive management employee nor any person hired as a contractor to perform the duties of any of the previous mentioned individuals shall accept other employment which will either impair his independence of judgment as to his official duties or employment or require him, or induce him, to disclose confidential information acquired by him in the course of and by reason of his official duties.

No public official or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals shall, while serving as such, have any financial interest in, or engage in, any business, employment, transaction or professional activity, which is in substantial conflict with the proper discharge of his duties or employment in the public interest and of his responsibilities as prescribed in the laws of this City.

No public official or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals shall willfully and knowingly disclose, for financial gain, to any other person, confidential information acquired by him in the course of and by reason of his official duties or employment and no public official or executive management employee shall use his public office or position or any confidential information received through his holding such public office or position to obtain financial gain for himself, his spouse, child, child’s spouse, parent, brother or sister or a business with which he is associated.

No public official or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals shall willfully and knowingly disclose confidential information acquired by such person in the course of and by reason of the person’s official duties or employment to any other person that would result in the recipient of such information having an advantage over other persons in the awarding of a City construction or procurement contract.

No public official or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals or candidate for public office shall solicit or accept anything of value, including but not limited to, a Gift, loan, political contribution, reward or promise of future employment based on any understanding that the vote, official action or judgment of the public official or executive management employee or candidate for public office would be or had been influenced thereby.

No public official or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals or candidate for public office shall solicit or accept anything of value, including but not limited to, a Gift, loan, political contribution, reward or promise of future employment during any time while officially conducting the duties of their office or contract.

No public official or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals or member of the official, employee’s, or contractor’s immediate family or a business with which he is associated shall enter into any contract with the City, valued at one hundred dollars or more, other than a contract of employment as a executive management employee or pursuant to a court appointment, unless the contract has been awarded through an open and public process, including prior public offer and subsequent public disclosure of all proposals considered and the contract awarded.

No public official or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals shall accept a fee or honorarium for an article, appearance or speech, or for participation at an event, in the public official’s or executive management employee’s official capacity, provided a public official or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals may receive payment or reimbursement for necessary expenses for any such activity in his official capacity. If a public official or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals receives such a payment or reimbursement for lodging or out-of-city travel or both, the official or employee shall, within thirty days, file a report of the payment or reimbursement with the Board of Ethics unless the payment or reimbursement is provided by the Federal Government or another City government.

If a public official or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals does not file such report within such period, either intentionally or due to gross negligence on the public official’s or executive management employee’s part, the public official or executive management employee shall return the payment or reimbursement.

When a public official or executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals attends an event in their official capacity as a principal speaker at such event and receives admission to or food or beverage at such event from the sponsor of the event, such admission or food or beverage shall not be considered a Gift and no report shall be required from such official or employee or from the sponsor of the event.

No public official or executive management employee, or any person hired as a contractor to perform the duties of any of the previous mentioned individuals or any person acting on their behalf shall willfully and knowingly interfere with, influence, direct or solicit existing or new lobbying contracts, agreements or business relationships for or on behalf of any person.

No person or entity shall knowingly give, directly or indirectly, any Gift in violation of these provisions.

No public official or executive management employee, or any person hired as a contractor to perform the duties of any of the previous mentioned individuals shall use any city resources to solicit any political contribution nor shall any such person solicit political contributions while performing their official duties or conducting official business for the City of New Haven.

Definitions

Gift
For the purpose of this section “Gift” means anything of value, which is directly and personally received by a public official an elected official, executive management employee, or a person or entity hired as a contractor to perform the duties of an executive management employee or any member of the immediate family of the previously mentioned entities. This shall not apply to payment for services paid to an elected officials for services provided in private business with anyone who does not have an item before the Board of Aldermen.
Any monetary Gift by someone who does business with or is trying to do business with the City;
Food or beverage or both, costing more than fifty dollars in the aggregate per recipient in a calendar year, and consumed on an occasion or occasions at which the person paying or his representative, directly or indirectly is doing business with or is trying to do business with the City;
Food or beverage or both, provided by an individual or entity that does business for the City for the celebration of a major life event and costing more than fifty dollars;
Items provided at a hospitality suite for a meeting or conference of an association or other business entity, costing more than fifty dollars by a person or entity that does business with the City of New Haven;
Anything of value provided by an employer that is not customarily and ordinarily provided to other individuals or entities in similar circumstances.
Not withstanding the foregoing the definition of “Gift” shall not include contributions, political or otherwise that have been made in accordance with all federal state or local agencies having jurisdiction there over.

Immediately Family
For the purpose of this section “Immediate Family” mean any person’ s spouse, parent, brother, sister or child or spouse of such person’s parent brother, sister or child;

Public Official
For the purpose of this section Public Official means any person elected or appointed whose serves as an official representative of the City of New Haven including but not limited to those persons whose serve as members of the City of New Haven’s various Board and Commissions.

Executive Management
For the purpose of this Section Executive Management Means any employee who serves in a position where the appointing authority is the Mayor, the Board of Aldermen, the City Clerk, or any other elected official of the City of New Haven or is defined by the Human Resources Department as a Confidential or Executive Management employee.

Elected Official
For the purpose of this section Elected Official means any person who serves in a position by virtue of an election pursuant to Federal, State or Local law.

Key Employees
For the purpose of this section Key Employees means any employee who is in a Senior Vice President or higher position at a place of business or has a role in hiring or purchasing decisions.

Enforcement
Any complaint(s) that a public official or an elected City official has violated this ordinance must be submitted in writing to the Board of Aldermen and by an affirmative vote of the majority of those Aldermen present it will be forwarded to the Aldermanic Affairs Committee for a hearing and recommendation to the full Board.
The Aldermanic Affairs Committee should hold an inquiry, and interview all parties involved before reaching a recommendation. The Committee can call any person(s) it deems necessary to testify, and may request from the leadership of the Board of Aldermen that an attorney be retained to assist them. If the Aldermanic Affairs committee recommends removal of the public or elected official it will require vote of 2/3 majority of the entire Board of Aldermen for the recommendation to be adopted.
Any complaint(s) that a City department head and their deputies, members of executive management, or any person hired as a contractor to perform the duties of the previous mentioned individuals or a city contractor has violated this ordinance shall be submitted in writing to the Board of Ethics of the City of New Haven for action.
The Board of Ethics should hold an inquiry, and interview all parties involved before reaching a recommendation. The Committee can call any person(s) it deems necessary to testify, and may request from the Mayor that an attorney be retained to assist them.
If the Board of Ethics recommends removal from Office that recommendation shall be forwarded to the appointing authority for action.

Penalties
Any individual or entity violating this ordinance can be subject to penalties pursuant to the maximum allowed by all applicable state and local laws including but not limited to the State Statute, and the Charter of the City of New Haven including:
Official letter of reprimand;
Official letter of censure;
Financial Penalties of $99.00 per incident;
Suspension from duty for a period of up to 30 days;
Removal from Office.

CITY CONTRACTING
Be it further ordained by the Board of Aldermen that the Code of Ordinance is further amended in relation to City contracting as follows:
Upon accepting a City of New Haven contract any person or entity doing business with the City of New Haven shall file a disclosure form identifying for the last three years any Gifts, employment or political contributions made to any public official, elected public official, executive management employee or any person hired as a contractor to perform the duties of any of the previous mentioned individuals or any member of the immediate family of the aforementioned persons. This provision will apply to all key employees of the person or entity doing business with the City of New Haven.

No person or entity shall offer or give to a public official, elected public official, executive management employee, person hired as a contractor to perform the duties of any of the previous mentioned individuals or candidate for public office or his spouse, his parent, brother, sister or child or spouse of such child or a business with which he is associated, anything of value, including but not limited to, a Gift, loan, reward or promise of future employment with the express purpose that the vote, official action or judgment of the public official, executive management employee or candidate for public office is or will be influenced thereby.

No City contractor shall knowingly give a Gift to any executive management employee, public official, elected public official, candidate for public office or a member or any person hired as a contractor to perform the duties of any of the previous mentioned individuals or to any of the aforementioned person’s staff or immediate family, during the official’s, employee’s , contractor’s or staff member’s City service or candidacy and for one year after (a) such official, employee contractor or staff member leaves City service, or (b) the termination of such candidacy.

Enforcement
Any complaint(s) that a contractor has violated this ordinance shall be submitted to the Board of Ethics for action.
The Board of Ethics should hold an inquiry, and interview all parties involved before reaching a recommendation. The Board of Ethics can call any person(s) it deems necessary to testify, and may request from the Mayor that an attorney be retained to assist them.
If the Board of Ethics recommends suspension of business with the entity that recommendation shall be forwarded to the purchasing agent and corporation counsel for action.

Penalties
Any individual or entity violating this ordinance can be subject to penalties pursuant to the maximum allowed by all applicable state and local laws including but not limited to the State Statute, and the Charter of the City of New Haven including:
Official letter of reprimand;
Voiding of all current contracts with the City of New Haven;
Suspension from doing business with City for up to one year for first offense;
Suspension from doing business with the City for up three years for second offense;