§ 6B-7. Complaints., Chapter 6B. Ethics, Code of, Part II. Code of Ordinances, Part I. Charter and Related Laws, Code of Ordinances, New Milford

(a)

Form, content. Complaints alleging violations of this chapter shall be signed under oath as to the truth of the allegations and shall include the name of the official involved and the specific act or acts alleged to constitute such violation. Complaints shall be submitted to the Commission or its agent in a sealed envelope or package. The Complaint shall include adequate documentation that the official has engaged in the alleged activities, such as copies of relevant documents or explicit references to specific pertinent public records. Failure to provide supporting information may result in dismissal of the complaint. As herein set forth, the existence and contents of any complaint shall be and shall remain confidential.

(b)

Delivery. Complaints shall be submitted to the Chairman of the Commission by delivery thereof to the Town Clerk.

(c)

Date of receipt. The date of the receipt of a complaint shall be the date of the next meeting of the full Commission immediately following the date of the submission to the Commission or its agent of such complaint or request or 30 days after such submission, whichever is sooner.

(d)

Period of limitation, jurisdiction. The Commission shall investigate such complaint, provided that no complaint may be considered by the Commission unless it shall have been filed within three years of the act complained of. If, after the filing of a complaint against him, an Official shall resign or leave office for any reason, the Commission may, in its discretion, continue its investigation into whether or not a violation of the Code of Ethics was committed by said Official notwithstanding whether a penalty may be imposed. Commission deliberations on this matter shall consider the public interest and the stated purpose of this Code of Ethics.

(e)

Initial screening. Within 10 days after its receipt of a complaint, the Commission shall perform an initial screening and review of the complaint to determine whether:

[1]

The person against whom the complaint has been filed is not an official as defined in this chapter; or

[2]

The alleged conduct of the official, when taken as true, does not constitute a violation of this Code of Ethics; or

[3]

The facts set forth in the complaint are substantially the same as the facts that were set forth in a complaint that had been previously considered and disposed of by the Commission.

Promptly upon completion of the initial screening, the Commission shall give notice to the complainant and to the respondent by certified and regular mail that it has received such complaint and the date, time and place that it will meet to consider such complaint or, if the Commission has determined that either of the foregoing conditions exist, a statement that the complaint has been dismissed and that no further action will be taken in such matter by the Commission. Such notice shall include a copy of the complaint.

(f)

Preliminary investigation. Any investigation to determine whether or not there is probable cause to believe that a violation of this chapter has occurred shall be concluded within 90 days of the receipt of such complaint. The Commission may, by majority vote of those seated and present, and for good cause stated on the public record, extend said period for such determination to a maximum of 120 days from the date of receipt of the complaint.

(g)

Confidentiality of preliminary investigation. In accord with the provisions of Section 1-82a of the Connecticut General Statutes, an investigation conducted prior to a probable cause finding shall be confidential except upon the request of the respondent. If the investigation is confidential, the allegations in the complaint and any information supplied to or received from the Commission shall not be disclosed during the investigation to any third party by a complainant, respondent, witness, designated party or Commission or staff member. No provision of this chapter shall prevent the Commission from reporting the possible commission of a crime to the State's Attorney's Office.

(h)

Dismissal of complaint. If the Commission determines after a preliminary investigation that no probable cause exists to believe that a violation of this chapter has occurred or if it finds that the allegations contained in the complaint do not constitute a violation of this chapter, it shall dismiss such complaint and inform the complainant and respondent of the dismissal by certified and regular mail and advise of the confidentiality requirements set forth in Section 1-82a of the Connecticut General Statutes.

(i)

Confidentiality of finding of no probable cause. If the Commission makes a finding of no probable cause, the complaint and the record of its investigation shall remain confidential, except upon the request of the respondent and except that some or all of the record may be used in subsequent proceedings. No complainant, respondent, witness, designated party or Commission or staff member shall disclose to any third party any information learned from the investigation, including knowledge of the existence of a complaint, which the disclosing party would not otherwise have known. If such a disclosure is made, the Commission may, after consultation with the respondent if the respondent is not the source of the disclosure, publish its finding and a summary of its reasons therefor. Not later than three business days after the termination of the preliminary investigation, the Commission shall inform the complainant and the respondent in writing of its finding and provide to them by certified and regular mail a written summary of its reasons for making that finding. The Commission shall publish its findings upon the respondent's request and may also publish a summary of its reasons for making such finding.