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ARTICLE 18
By Petition of Marc Sneider
and others To see if the Town will vote to adopt the
following ordinance:
The purpose of this ordinance is to insure that town
officials and town employees are dedicated solely to the service of the
residents of the town and are not motivated or appear to be motivated in his or
her actions for anything other than service to the town. Moreover, this
ordinance is to promote transparency in town administration and to prohibit
town officials and town employees from improperly using their position with the
town for their advantage or the advantage of their friends, relations,
employers or business associates.
Prohibition Against Conflict of
Interest.
Town shall be defined as the Town of Windham.
Covered Person shall be defined to include an elected
Town official, a non-elected Town official, a Town employee, and any person or
business (including the principals, partners, employees and owners of the
business) that have performed or are performing services pursuant to a contract
or arrangement with or on behalf of the Town whether or not the services were
or are performed for compensation.
A Covered Person shall not participate in deciding or
acting on any Town matter if the matter may provide a direct or indirect
benefit, create a material gain or provide an advantage to relations, friends,
employers, groups, businesses or associations to which the Covered Person has
an affiliation or connection. A Covered Person with such an affiliation or
connection must make that affiliation or connection public, must refrain from
participating, voting or taking any action on the matter and must recuse himself or herself from
involvement with respect to the action or decision. Further, the Covered Person
shall not discuss the matter privately or otherwise communicate directly or
indirectly with any other Covered Person regarding the matter.
The provisions set forth above shall not prohibit a
Covered Person from appearing before a Town board to voice their support in
favor of or against a matter before said board as long as it is made clear on
the record of the proceedings that the Covered Person is not acting in his or
her official capacity but is acting solely in his or her capacity as a resident
of the Town.
A violation of this ordinance by a Covered Person
shall be deemed a violation of the Town’s Code of Ethics (with respect to
Town employees) and shall be grounds for removal from office or employment with
the Town.
The provisions contained in this ordinance shall be in
addition to and shall supplement any and all other laws, ordinances, codes,
rules or regulations now or hereinafter in force and effect.
The provisions contained herein cannot be waived,
suspended or overridden.
Covered Persons who are now in office, employed by, or
who are under contract or arrangement with or on behalf of the Town at the time
of adoption of this ordinance shall be exempt from the provisions hereof for a
period of 180 days following the date of adoption of this ordinance.
If any provision of
this ordinance is held to be invalid or unenforceable, the invalidity shall not
affect other provisions or applications which can be given effect without the
invalid provision.
·
Code
of Ethics and Standards of Conduct
·
Conflict
of Interest Defined and Regulated
·
2/13/12
Attorney Campbell’s Comments for both Articles 18 and 19
Meeting video clips shown have been
shortened for content. The full
meeting video may be obtained at wctv.pegcentral.com.
·
2/11/12 Town Deliberative Session (Entire meeting video
can be found here)
o
WCTV
Video Clip (01:00:23)
·
Letter in
support of both Articles 18 and 19 (J. Mckenzie)
·
Letter in
opposition of both Articles 18 and 19 (Wendi Haegle-Devlin)