Brookfield
Board of Ethics
Brookfield,
Connecticut 06804
Procedure
for Processing a Complaint
I. Definitions:
Board: refers to the Board of
Ethics. All actions shall be by a
majority of the Board.
Days: are business days. The days listed for various events to
occur shall be amended by the Board of Ethics only for the most extraordinary
reasons, and for the briefest period of time practicable.
Probable cause: reason to believe that
the infraction alleged and the evidence provided would enable a person to
conclude that the alleged infraction could have occurred.
Findings of Fact: facts provided in the
complaint and during the hearing. The
Board shall compile Findings of Fact.
II. Filing a
Complaint
A. The
complaint shall be sent to the Town Clerk on the form adopted by the Board of
Ethics. The form is available on the
Town website and in the Town Clerk’s office.
B. All
Board procedures related to the complaint shall be confidential unless the
person against whom the complaint was filed wishes for the proceedings to be in
public.
C. The Town Clerk will make four (4)
complete copies of the complaint and shall inform, in writing within five (5)
business days, the members of the Board of Ethics and the person against whom
the complaint has been filed. The Board
and the person who is the subject of the complaint shall pick up the complaint
information at the Town Clerk’s office.
III.
Probable Cause: The Board shall conduct a probable cause investigation of
the complaint and any material provided within twenty (20) business days of
being notified by the Town Clerk of the complaint’s having been filed.
A. The Board shall determine the
following:
1. Whether the
person who is the subject of the complaint is an elected or appointed
official in Town or an employee of the
Town.
2.
Whether the act(s) alleged in the complaint, if proven, would constitute a
violation
of
the Code of Ethics of the Town of Brookfield.
3. Whether sufficient evidence has been
provided to warrant further proceedings
4.
Whether the person who is the subject of the complaint or the
circumstances complained of, are governed by a collective bargaining agreement,
personal employee contract, or other agreement or policy, the provisions of
which would take precedence over this article.
B. The Board will determine, by majority
consensus, whether probable cause is present, and will inform in writing within
five (5) days of the conclusion of the hearing, the person who filed the
complaint and the person against whom the complaint was filed.
C.
If the Board determines that the circumstances complained about are subject to
a
collective
bargaining agreement, personal employee contract, or other agreement or policy
applicable
to the person who is the subject of the complaint, the Board shall pursue one
of
the
following:
1. Transmit, within
five (5) business days of the conclusion of the probable cause
investigation, copies of the complaint
and the Board’s probable cause conclusion, to the appropriate forum having
jurisdiction.
2. The Board shall
further take one of the following actions:
a. Retain
jurisdiction, but defer any further action until the appropriate forum
has rendered a decision on the matter
b. Relinquish
jurisdiction to the appropriate forum and close the file on the
complaint.
D. If the Board determines that the
complaint is not covered by a collective bargaining agreement, personal
employee contract, or other agreement or policy, and that probable cause exists
that the complaint might be a violation of the Charter or Code of Ethics, the
Board shall, within twenty (20) business days of the conclusion of the probable
cause investigation, schedule a hearing to determine the merits of the
complaint.
IV.
Hearing:
A. The following persons shall appear at the Board’s hearing: the person filing the complaint and the person against whom the complaint has been filed. Additionally, counsel may accompany the person against whom the complaint has been filed.
B.
The Chair of the Board shall swear in all parties, including any witnesses.
C. All parties shall agree to maintain
confidentiality of the hearing, unless the person against whom the complaint
has been filed wishes to have the hearing conducted in public. If that person wishes a public hearing, that
shall occur.
D.
The person filing the complaint shall be allowed to present evidence, including
documentation
and witnesses.
E.
The person against whom the complaint has been filed (and that person’s
counsel) shall
have
the right to cross-examine all witnesses against him/her, and present evidence
and
witnesses
on his/her behalf.
F.
Witnesses shall be present only to offer testimony or be cross-examined.
G.
The Board shall schedule additional hearing sessions if needed.
H. At the conclusion of the presentation of evidence by both parties, the Board shall deliberate without either party present. Said deliberation may occur immediately at the conclusion of the hearing, or may be scheduled for another time, provided that time is within ten (10) days of the conclusion of the hearing.
I.
The Board shall, within five (5) days after the conclusion of its
deliberations,
1. Produce Findings of Fact.
2. Render a decision as to the merits of
the complaint.
a. If the Board determines the complaint is with merit, the Board shall forward to the Board of Selectmen its Findings of Fact and a recommendation as to the disposition of the complaint.
b. If the Board determines the
complaint is without merit, the matter will be
closed and no recommendation shall be
made to the Board of Selectmen.
Board of Selectmen shall consider the
Findings of Fact and recommendation of the Board of Ethics.
Date of approval: May 20, 2008