Conflicts of interest

At this point, I can't even recall all the reasons that people are suggesting that there are "conflicts of interest." But here's the Charter's explanation:

Section 9-3

Any elected or appointed officer or any employee of the Town who has a conflict of interest, as set forth in Section 10-1, “Conflicts of interest and standards of conduct”, of the Town’s Code of Ordinances, as amended, shall, in addition to the requirements of Section 10-1, disclose that interest to the Council who shall record such disclosure upon the official record of their meetings. Violation by any such officer or employee of the provisions of this section shall be grounds for his removal. Violations of this Section with the knowledge, express or implied, of any person or corporation participating in such contract, transaction, or decision shall render the same voidable by the Council or by a court of competent jurisdiction.

Sec. 10-1. Conflicts of interest and standards of conduct. (click it for the complete text of 10-1)

And some of the highlights of Section 10-1...

(a) Declaration of policy. The proper operation of the government of the Town of Cheshire requires that public officers and employees be independent, impartial and responsible to the people; that governmental decisions and policies be made in the proper channels of the government structure and free of coercive or other improper influence; 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 section are to set forth standards of ethical conduct, to assist public officers and employees and persons dealing with them in acting in the performance of their duties, and to maintain and enhance a tradition of responsible and effective public service. In recognition of these goals, there is hereby established for the Town of Cheshire the following standards.

(b) Definitions. As used in this section, the following words or phrases, unless a different meaning is required by the context or is specifically prescribed, shall have the following meanings:

(1) Financial interest shall be defined as any ownership of stocks, notes, bonds, obligations or other pecuniary interest in or with any person, partnership, firm or corporation which is involved in any matter, contract, subcontract, service, transaction, administrative decision or controversy directly or indirectly with the Town of Cheshire and which is not in common with the other members of the agency and the citizens of the town. Financial interest shall include the financial interest of any person related to any officer or employee by blood or marriage in a degree closer than the fourth degree of consanguinity or affinity (determined by the civil law method). A divorce or separation between spouses shall not be deemed to terminate any such relationship. In the case of members of the town council, financial interest shall also include any interest direct or indirect in any labor contract to which such council member may be a party or in any appropriations to any town department or agency through which the council member may beemployed.

(2) Improper influence shall be defined as: "coercion," as that term is defined in section 53a-192 of the Connecticut General Statutes; "bribery," as that term is defined in sections 53a-146 through 53a-147 of the Connecticut General Statutes; and as communications or attempts to communicate privately either in person or by an agent with any public officer or employee concerning the substantive details or wisdom of any proposed or pending application or appeal before that public officer or employee wherein a decision will be made approving or denying any permit, license, regulation, appeal or enforcement proceeding after a public hearing. Communications by the town attorney, special counsel, town engineer, town planner and other staff members or consultants hired to advise and assist public officers and employees in their duties as permitted by law shall not be considered an improper influence.

(3) Personal interest shall be defined as any interest which is incompatible with the proper discharge of one's official duties in the public interest or which would tend to impair one's independence of judgment or action in the performance of one's official duties. It is either an interest in the subject matter or a relationship with the parties before the public officer or employee which impairs or reasonably might impair the impartiality expected to characterize a public officer or employee. A personal interest can take the form of favoritism or hostility. It is a personal bias or prejudice which imperils or reasonably appears to imperil the open-mindedness and sense of fairness which a public officer is required to possess.

(c) Conflicts prohibited. No public officer or employee of the town shall:

(1) Have any financial interest or any personal interest, either directly or indirectly, in any matter involving a decision pending before him, or in any contract or purchase order for any supplies, materials, equipment or contractual services furnished to or used by the Town of Cheshire which contract or purchase order is to be recommended, made, granted or awarded by such public officer or employee or by an agency of which he is a member.

(2) Accept or receive, directly or indirectly, from any person, partnership, firm or corporation to which any decision, permit, license, contract or purchase order may be awarded by the town, by an agency or by a public officer or employee any money or anything of value whatsoever (by rebate, gift or otherwise), or any promise, obligation or contract for future reward or compensation as consideration for awarding or influencing the award of such decision, permit, license or contract or purchase order.

(3) This section shall not prohibit the acceptance of reasonable and customary dinner favors in the course of town business by public officers or employees.

(4) A public officer or employee shall prima facie not be considered to have a prejudice or bias as to issues pending before him or his agency merely because of his personal expertise in any field of endeavor, and this shall be especially so where by virtue of the Cheshire Charter, a state statute or a Cheshire ordinance a special expertise or philosophy is desired or required as a qualification for appointment or election of a public officer or employee.

(d) Improper influence prohibited. No person, partnership, firm or corporation shall improperly influence or attempt to improperly influence either directly or indirectly any public officer or employee of the town.

(e) Solicitation of private communications prohibited. No public officer or employee shall encourage, make or accept any private communications concerning any matter where a decision is to be made after a public hearing. If a public officer or employee inadvertently receives such a communication, he shall make the contents of the communication a part of the record of the public hearing.

(2) In the case of a single public officer or employee of the town:

a. Disclose such interest to the town manager or the superintendent of schools, as the proper case may be, or, in the case of the town manager, to the chairman of the town council, or, in the case of the superintendent of schools, to the chairman of the board of education; and

b. Abstain from participating in any relevant hearing, discussion, debate or decision on any matter to which he or she has control or decision-making power over as such public officer or employee.

Anyway... there's quite a bit more to the whole "conflicts of interest" section 10-1 in the Charter, but I provided the link above. So feel free to research it more. Personally, I found the boldface section interesting. While I didn't re-read this whole section today, that one part does seem to hold the background and experience of the Town Planner in a good light.

Tim White
Town Council, 4th District