CITY OF NORWALK
ETHICS COMMITTEE
JUNE 6, 2007

ATTENDANCE: Michael Coffey, Chair; Douglas Hempstead; Carvin Hilliard

STAFF: Peter Nolin, Corporation Counsel

ROLL CALL

Mr. Coffey called the meeting to order at 8:05 p.m. and called the roll.

ACCEPTANCE OF MINUTES – MAY 24, 2007

There was no action taken.

REVISIONS TO ETHICS CODE

Mr. Coffey suggestion that they go to an independent Ethics Committee without Common Council members.

The Committee members discussed the proposed make up of the Ethics Committee. Mr. Coffey said that on one hand they have had a long standing tradition of the Common Council being in charge of this function and it worked well. He said that this is a wonderful Common Council that is above reproach. People seem to believe that the Common Council in a hybrid version will not be impartial. But if people are appointed to the Ethics Committee it will take away what people believe is a political bias.

Mr. Hilliard said that at first he thought the original code was best, but after hearing comments would support a 5 or 7 member total independent board. Mr. Hempstead said that if they are headed in that direction, he wanted to know how the appointment process would take place. Mr. Nolin said that they have to specify rules and how people are appointed.

Mr. Nolin said that the Investigative Panel would be appointed by the Ethics Board. The Committee held a discussion and suggested that the Investigative Panel be made up of no more than one representative of each party with one unaffiliated. Mr. Hempstead said that if they limit participation to parties, they are making it political. Mr. Hilliard said that to avoid any problem, he feels there should be representation from each party and one unaffiliated.

The Committee held a lengthy discussion about the composition of the panel.

** MR. COFFEY MOVED THAT THE INVESTIGATIVE PANEL WOULD BE MADE UP OF ONE REPRESENTATIVE FROM EACH POLITICAL PARTY AND ONE UNAFFILIATED
** MOTION PASSED UNANIMOUSLY

** MR. COFFEY MOVED THAT THE ETHICS COMMITTEE BE MADE UP OF FIVE MEMBERS AND TWO ALTERNATES
** MOTION PASSED UNANIMOUSLY

Mr. Hilliard suggested staggering the terms of office.

Mr. Coffey asked Mr. Robideux for his opinion. Mr. Robideux said that as soon as it becomes political, it becomes less effective. He suggested going with unaffiliated voters. Mr. Hempstead said that they are trying to come up with a methodology that is the most fair to everyone.

Mr. Nolin said that he knows that this Common Council will vote in good faith, however there may be others that may just rubber stamp and they need to guard against that. He said that he agreed with Mr. Hilliard’s suggestion to stagger the terms.

** MR. COFFEY MOVED THAT THE COMMON COUNCIL WILL APPOINT THE MEMBERS TO THE ETHICS COMMITTEE
** MOTION PASSED UNANIMOUSLY

** MR. COFFEY MOVED TO STAGGER THE TERMS AT THE ONSET
** MOTION PASSED WITH ONE (1) ABSTENTION (MR. HEMPSTEAD)

** MR. COFFEY MOVED TO STAGGER THE TERMS AS FOLLOWS:
3 – 3 YEAR TERMS
2 -2 YEAR TERMS
2 – 1 YEAR TERMS
AFTER THAT EACH MEMBER WILL BE APPOINTED FOR A THREE (3) YEAR TERM
** MOTION PASSED UNANIMOUSLY

The Committee held a discussion about how to choose the members of the Committee. Mr. Nolin that the public said that they did not want the members of the Ethics Committee to be involved in the City in any way. He suggested having an open nomination with 11 affirmative votes.

** MR. COFFEY MOVED THAT NOMINATIONS WOULD BE TAKEN FROM THE FLOOR OF THE COMMON COUNCIL AND ELEVEN (11) AFFIRMATIVE VOTES WOULD BE NEEDED
** MOTION PASSED UNANIMOUSLY

** MR. COFFEY MOVED THAT THE NOMINEES SHALL NOT BE EMPLOYEES OF THE CITY OF NORWALK OR MEMBERS OF ANY BOARD, COMMISSION OR AN ELECTED OFFICIAL
** MOTION PASSED UNANIMOUSLY

** MR. COFFEY MOVED THAT THE ETHICS COMMITTEE SHALL CONDUCT ETHICS EDUCATION ANNUALLY FOR THE CITY AT WHICH ALL ELECTED AND APPOINTED OFFICIALS AND EMPLOYEES SHALL ATTEND. THIS WILL TAKE PLACE PRIOR TO MARCH 30TH OF EACH YEAR
** MOTION PASSED UNANIMOUSLY

The Committee talked about the whistle blower provision in the code.

** MR. COFFEY MOVED THAT IT SHALL BE A VIOLATION FOR ANYONE TO RETALIATE AGAINST ANYONE FOR MAKING AN ETHICS COMPLAINT
** MOTION PASSED UNANIMOUSLY

** MR. COFFEY MOVED THAT NO AGENCY SHALL EMPLOY ANY PERSON WHO HAS SERVES AS AN OFFICER OF THAT AGENCY FOR A PERIOD OF EIGHTEEN (18) MONTHS
** MOTION PASSED UNANIMOUSLY

** MR. COFFEY MOVED THAT A RESPONDENT MAY AT HIS OR HER CHOICE BE REPRESENTED BY COUNSEL
** MOTION PASSED UNANIMOUSLY

** MR. COFFEY MOVED THAT IT SHALL BE A VIOLATION OF THE ETHICS CODE TO VIOLATION ANY CONFIDENTIALITY
** MOTION PASSED UNANIMOUSLY

** MR. COFFEY MOVED THAT THE LAW DEPARTMENT SHALL SERVE AS STAFF, OR AN OUTSIDE DESIGNEE IN THE EVENT OF A CONFLICT
** MOTION PASSED UNANIMOUSLY

Mr. Coffey thanked Mr. Robideux, the members of the Committee and the Law Department. He said that they had an excellent discussion this evening and feels they can be very proud of the document. He said that they listened to the public and others and made changes in response to their suggestions.

Mr. Coffey said that they have a truly independent board with new protocols, procedures and provisions. As a Common Council member, he said that this was one of his happiest moments and will recommend that every Council member support this.

Mr. Robideux thanked the Committee for their dedication. He said that they came up with a pretty good package. He added that the average resident does not know what goes on in committee meetings. He told Mr. Nolin that he did a wonderful job.

Mr. Hempstead thanked Mr. Robideux for his comments. He thanked Mr. Coffey for his true leadership and for taking this to its completion. Mr. Coffy said that Mr. McQuaid and Mr. Sutton worked on this a tremendous amount too. Mr. Coffey told Mr. Nolin that he has been a tremendous help.

Mr. Hilliard thanked Mr. Robideux for his comments. He noted that Mr. Robideux stuck with the Committee all the way through this. He thanked Mr. Nolin for his impartiality. He thanked Mr. Coffey and added that he stuck with this even when he did not make political friends by doing so. He said that this exercise was very good and a good example of how government should work.

Mr. Hilliard said that this Committee should be proud of this document and so should the City of Norwalk.

ADJOURNMENT

There was no further business and the meeting was unanimously adjourned at 9:50 p.m.

Respectfully submitted,

Rosemarie Lombardi
Telesco Secretarial Services

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