04/22/2010 Special Meeting - Laserfiche WebLink

Home Browse Search

1. Where a municipal employee or public official is employed by a person who enters into a contract with the City of I Haven, where said employee or public official is not directly involved in the procurement, preparation, or performance ~ such contract and whose remuneration is not, directly or indirectly, derived from said contract; 2. If the municipal employee or public official is empioyed by any newspaper which publishes any municipal notice, resolution, ordinance or other proceeding where such publication is required or authorized by law; 3. If the municipal employee or public official is employed by a public utility that furnishes public utility services to the of New Haven when the rates or charges therefor are fixed or regulated by the public utifities control authority; 4. If the municipal employee or public official is employed by a person or business which has a contract with the City New Haven if the total consideration thereunder, when added to the aggregate amount of all consideration payable un contracts in which said employee or public official has an interest during a calendar year does not exceed five hundrec dollars ($500.00). Sec. 12 5/8-7. Examples of an interest requiring disclosure. In accordance with article XXIII, section 210, of the Charter of the City of New Haven, interests requiring disclosure shall but not be limited to the foliowing: 1. Where a member of the immediate family of a member of a board, commission or task force is employed by the Ci New Haven; 2. Where a member of a board, commission or task force is employed by a nonmunicipal agency the funding of whict in part or in its entirety, provided by funds authorized by the City of New Haven; 3. Where a member of a board, commission or task force serves on the board of directors or governing board of a nonprofit organization when said organization is engaged in the application of federal, state or locai funding authorized the City of New Haven; 4. Where a member of a board, commission or task force serves on the board of directors or governing board of a nonprofit organization when said organization is lobbying for specific legislation before the City of New Haven or when organization is lobbying for specific State of Connecticut legislation which will result in the city receiving funding which controlled by the city board, commission or task force of which the individual is a member; 5. Where a member of a board, commission or task force serves on the board of directors or governing board of a nonprofit organization when said organization is engaged in litigation against the City of New Haven; 6. Where a member of a board, commission or task force accepts an offer of employment, whether paid or unpaid, b) City of New Haven or by a program recommended by said task force but has not yet resigned or retired from said boar commission or task force to accept said offer of employment; 7. Where a municipal employee or public official has a financial or personal interest in a contract which was entered F to the time of his nomination, appointment, election or employment to said position, so long as said contract is not renewed, amended or modified subsequent to his assuming public office; 8. Where an employee or public official seeks or obtains employment with a person, company or corporation engage~ business with the City of New Haven but has not yet resigned his position assume said employment; 9. Where an employee or public official applies for a city program or benefit over which he has control, influence or discretionary authority. 2. l.egislators Employed by City To discuss this provision, click here. A member of the legislative body has a conflict of interest with respect to any labor contract to which he or she, or a member or her household*, may be a party, and with respect to an appropriation to any city department or agency through which he o or a member of his or her household, is employed. Comment: Some cities require that there be no incompafible or even muftiple offices held by an individual, especially a coun member, so that this problem could only arise with respect to members of ihe household. In towns and small cities, it is more difficult to make such requirements, because there are sometimes too few competent and interested people to go around. Al; recusal can take care of instances such as those described in this subsection. But explicit restrictions in this area, especially large cities, can be valuable. 3. Recusal To discuss this provision, click here. 2. An official or employee* must refrain from acting on or discussing, formally or informally, a matter before the city, i acting on the matter, or failing to act on the matter, may personally* or financially benefit* any of the persons or entitie; listed in subsection 1 of this section. Such an official or employee should join the public if the recusal occurs at a publii meeting, or leave the room if it is not a public meeting. 3. An official or ernployee* must refrain from acting or discussing, formally or informally, a matter involving a person ~ appointed or recommended him or her for that position, if he or she is aware of such appointment or recommendation. 4. If a board or agency member is requested to recuse himself or herself with respect to a matter, for the reason that or she has a conflict of interest, by 1. another member, 2. a party to the current matter, or 3. anyone else who may be affected by a decision relating to this matter, the member must decide whether recuse himself or herself. If the member decides not to recuse himself or herself, the unchallenged members must consider any relevant evidf concerning such claimed conflict of interest, as defined in this code, and vote whether or not to allow the request an, require that the member refrain from participating in the matter. 5. Rule of Necessity: If recusal would leave a board with less than a quorum capable of acting, members must discl< their conflicts on the public record, but they may then vote. If an afficial or employee* is the only person authorized by to act, the official or employee* must disclose the nature and circumstances of the conflict to the Ethics Commission e ask for a waiver or advisory opinion. Comment: "Acting on and discussing, formally or informally" means that the official should withdraw from any involvement v the matter, including conversations, appearances at meetings or portions of ineetings concerned with the matter, and voting the matter, except, of course, in a public referendum. the his 36