§ 32-3. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

AGENCY

A board, agency, commission, department or other entity of the City, including but not limited to the Common Council, Board of Education and the Norwalk Public School System.

CLEAR AND CONVINCING EVIDENCE

Sufficient evidence to support the allegation that the respondent has violated the Code of Ethics, when such evidence is considered fairly and impartially, and induces a reasonable belief in the minds of the Hearing Board members that the allegations are true. Such evidence must indicate to the ethics Hearing Board members that the probability that the respondent has committed the alleged violation is substantially greater than the probability he or she has not.

EMPLOYEE

An Individual employed by the City or any of its agencies, whether as a classified Employee, unclassified, permanent or temporary, full-time or part-time Employee or Individual employed by contract on a continuing basis, and all Employees of the Norwalk Public School System.

FINANCIAL BENEFIT

Any direct monetary gain or direct monetary loss that would substantially conflict with the proper discharge of the Officer's or Employee's duties or employment in the public interest and of the Officer or Employee's responsibilities as prescribed by the laws of this state and City. Any such Officer or Employee does not have a benefit that is in substantial conflict with the proper discharge of the Officer or Employee's duties in the public interest and of the Officer or Employee's responsibilities as prescribed by the laws of this state and City, if any benefit or detriment accrues to the Officer or Employee, the Officer or Employee's Immediate Family, or a business with which the Officer or Employee or his or her Immediate Family is associated as a member of a profession, occupation, group or member of the general public to no greater extent than to any other member of such profession, occupation, group or member of the general public.

HEARING BOARD

Shall be comprised of three members of the Board of Ethics or, in the event of a conflict or vacancy, one or more of the alternates to the Board of Ethics who shall be appointed by a majority vote of the Board of Ethics. In the event the Board of Ethics members have a conflict or an interest in the complaint at issue, the Common Council, by majority vote, may appoint one or more City officials, who are electors of the City of Norwalk, to serve on a Hearing Board for that particular complaint. Once impaneled, the Hearing Board shall continue to serve until it completes the hearing process specified in this Code of Ethics. No more than two members of a Hearing Board shall be registered members of the same political party. The Hearing Board shall be permitted to hold a public hearing(s) and to determine whether there is Clear And Convincing Evidence that the respondent has violated the Code of Ethics.

IMMEDIATE FAMILY

A Person having legal residence or living in an Officer's or Employee's place of residence ("household member") or, in addition to any other definition, any Person who is related to an Officer or Employee, whether by blood, marriage or adoption, including but not limited to, a spouse, child, grandchild, brother, sister, in-law, parent or grandparent, stepparents and stepchildren, or Persons who reside in the same household.

INDIVIDUAL

A natural person.

INVESTIGATING PANEL

Shall consist of three individual electors, from the City of Norwalk, each of whom shall be appointed by the Board of Ethics to investigate an ethics complaint and to determine whether there is Probable Cause to proceed to a public hearing on such a complaint. No two members of an Investigating Panel shall be registered members of the same political party, and the Investigating Panel shall include an unaffiliated voter.

OFFICER

An Individual elected or appointed to an Agency, including but not limited to ad hoc or advisory committee members.

ORDINANCE LIST EMPLOYEE

Nonunion Employees, including management and confidential Employees.

PERSON

Includes associations, firms, partnerships and bodies politic and corporate, as well as Individuals.

PROBABLE CAUSE

A state of facts, which constitutes more than a mere suspicion and establishing that a state of facts is more likely than not to have occurred. To establish Probable Cause there must be facts and circumstances within the Investigating Panel members' knowledge, based upon trustworthy information, sufficient to justify the belief of a reasonable Person that a violation of the Code of Ethics has occurred. The Investigating Panel shall be guided by established law in the State of Connecticut in making a determination of what constitutes Probable Cause.

YEAR

The municipal fiscal year as established by the Connecticut General Statutes.

Amended 7-23-2019