Councilor Garcia-Irizarry went on to note as an example that Section 3 of the Fraud
Policy, stated “Each member of the management team will be familiar with the types
of improprieties that might occur within his or her area of responsibility, and be
alert for any indication of irregularity. Any irregularity that is detected or suspected
must be reported immediately to the Mayor, who coordinates all investigations with
the Town’s legal counsel, and other affected areas, both internal and external.” She
stated that nowhere in this Section does it say that the Town Council was the one that
was supposed to do the investigation based on some interpretations of the Town
Charter. She stated if we follow the interpretation that only the Town Council had the
power to do investigations, was the Fraud Policy in violation of the Town Charter?
She noted the Town Charter stated all Offices and Agencies of the Town, noting that
the Mayor’s Office was one of the Offices of the Town. Therefore, she questioned
whether this also meant that the Planning & Zoning Commission could not do
investigations regarding zoning violations or that the Town Planner cannot do
investigations regarding land use?
Councilor Garcia-Irizarry went on to note Chapter IX; Section 6 of the Town Charter
as follows::
ü
Chapter IX; Section 6 “ Conflicts Of Interest”
“Any elected or appointed officer or any employee of the Town who has a
financial interest or personal benefit, direct or indirect, in any contract,
transaction, or decision of any board or commission to which the Town is a party,
shall disclose publicly that interest to the appropriate board or commission and
the Town Council in advance of discussion or action on the matter, which shall
record such disclosure upon the official record of its meetings. The Town Council
may by ordinance specify what is, or what is not, a conflict of interest for
officials and employees of the Town.
Willful violation by any such officer or employee of the provisions of this section
shall be grounds for his removal. Violation 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 Town Council, or
by a court of competent jurisdiction”.
In addition, Councilor Garcia-Irizarry noted that CGS Section 7-148h. Ethics
Commission; establishment and powers. Interest in conflict with discharge of
duties” specifically stated, “Any town, city, district, as defined in section 7-324, or
borough may, by charter provision OR ordinance, establish a board, commission,
council, committee or other agency to investigate allegations of unethical conduct,
corrupting influence or illegal activities levied against any official, officer or
employee of such town, city, district or borough.”
Councilor Garcia-Irizarry went on to state as specified in the Draft Ordinance that
was presented at the Administration Committee’s September 9, 2024 Meeting, an
Ethics Commission “shall be comprised of five regular members and two alternates
of whom shall be electors of the Town….Political minority rules shall apply for the
membership of this commission.” She stated in other words, this Commission
would have members of both parties with the purpose of minimizing, if not
completely avoiding politically motivated accusations.