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Norwalk: Ethics Code 40 Years In The Making


by turfgrrl


April 10th, 2007 · 4 Comments

After 40 years, it’s finally time to tackle an ethics code applicable to Norwalk’s public officials, both elected and appointed. Recent events and allegations show that not all incidents are so egregious that “a caveman could do it”, that is, figure out if there was a ethical breach.

Thus the stage is set for revisions to the code. From the Hour:

Norwalk’s current ethics code is nearly 40 years old. Over the last two years, the council’s Ethics Committee has worked with city attorneys to draft a new document more in line with norms used by other Connecticut cities.

The revised ethics code — which could be considered by the full council as soon as its Tuesday meeting — puts forward a more comprehensive procedure for investigating complaints. Special committees would look into the complaints, with a standing committee deciding wrongdoing and meting sanctions.

“As we sit here today, we have a document that has been with us for many years and does not have a lot of the procedural mechanisms that should be a guide post for how we conduct these investigations and hearings,” said Council President Michael Coffey, who chairs the Ethics Committee.
The Ethics Committee now has three members, Democrats Coffey and Councilman Carvin Hilliard and Republican Councilman Richard McQuaid. The revised code would add two alternates.

The new code would also ban gifts valued at more than $50 to city officials and limit outgoing officials seeking to take jobs that trade on their past position, both of which are allowed under current rules.

I suppose its a start, but why would the ethics code rely on anyone in Norwalk to sit on a panel. The process for empaneling would be frought with the usual drama that seems to follow events without fail. Better to seek impartial ethics experts like retired judges, ethics professors or people versed in arbitration or mediation.

It’s also likely that the state will weigh in how ethics panels and perhaps create the infrastructure for municipalities to address teh issue. The problem with the home rule history of Connecticut is that you often get 169 versions of things that could greatly benefit form a single efficient way of doing things. The state is working on ethics legislation, proposing that it become mandatory, but as usual failed to include funding for it. The devil is always in the details. Comoncause.org has a model ethics code worth taking a look at here. Of course if you read the part on selecting a panel, it would safely rule out 90% of Norwalk voters, so taking a look at people outside the town might be a good thing.

Despite an obvious need, there are those who are objecting to a revisoin of the code. It defies logic as to why anyone would object to improving Norwalk’s ethics code, but then there are plenty of incidents that somepeople would rather see swept under the rug than examined under the proposed rules.

The new document has been vetted by city department heads. The Ethics Committee agreed on several revisions at its meeting last Thursday and Coffey said the proposed code will move to the full council as soon as it is finalized by Corporation Counsel Peter Nolin. Nolin, the city’s chief attorney and a Moccia appointee, staffs the Ethics Committee.

The committee is recommending $25,000 be set aside as an annual budget item for the cost of investigating complaints. As ethics complaints have been rare in Norwalk, the funds would roll over from year to year if not spent.

The new code would also allow for the possible reimbursement of attorneys fees to officials exonerated of ethics violations.

A public hearing on the proposed changes was held several weeks ago, and the proposed code has been circulated amongst common council members and city departs for many weeks. It will be interesting to see if Norwalk can muster the political will to codify a stronger ethics code.
source: The Hour, Council sets stage to revise ethics code, By PATRICK R. LINSEY, April 9, 2007

Tags: In the News · Local · Norwalk

4 Responses so far “Norwalk: Ethics Code 40 Years In The Making”



  • 1 anonymousObserver // Apr 10, 2007 at 8:26 am

    Way to go Turffie, my sentiments precisely.

  • 2 Anonymous // Apr 10, 2007 at 1:43 pm

    Is there a statute of limitations on ethics violations?

  • 3 Gordon F. Tully // Apr 11, 2007 at 10:36 am

    The current effort to reform Norwalk’s Ethics Code is fatally flawed, because it relies for its administration on elected officials. This practice undermines any credibility an Ethics Code might have with the public. Also, it is quite frightening to appointed and salaried officials alike, as it provides an ideal forum for an elected official to attack an appointed or salaried official who in honestly pursuing his or her duties comes into conflict with the elected official.

    Every major city in Connecticut except Norwalk has an independent Ethics Commission or Board of Ethics, as does the state government. The website www.cityethics.org is an excellent resource that explains why an independent body is needed. It also contains a well-annotated Model Ethics Code that ought to be the foundation for the proposed revised Ethics Code for Norwalk.

    I have had an excellent response to my various emails and op-ed comments strongly urging citizens to back the need for an independent Ethics Commission. The Council President, Mike Coffey, who has been spearheading the current effort by the Common Council, still is not convinced. His major concern is that there is no one who could sit on the Commission who would be free of political bias. I can understand his views, as he was previously a prosecutor in Brooklyn, and must have seen a lot of political double-dealings in his work there.

    However, I believe that Mr. Coffey underestimates the ability of people with political views to set them aside when acting in judgment. This may be more true in this relatively laid-back suburb than it would be in the bowels of hyperactive New York.

    As a member of the Zoning Board of Appeals, I do not recall any case in which political bias affected the discussion or voting. All of us on the Board must follow the law, and in doing so, we often have to set aside strongly held personal views. I feel terrible turning down a request for a variance that would, in fact, greatly improve a building or neighborhood. I believe most people can be this objective. It is after all built into our legal system, which is based on trial by jury.

    Several safeguards against political shenanigans are built into the Model Ethics Code. For example, of the 5 Commission members (which is the typical number), only two can be from the same party, thus guaranteeing that a party-biased vote is unlikely.

    Along with the need for an independent Ethics Commission is the parallel need that the proposed Code of Ethics to be fully vetted by the public. Despite my interest in this subject, I never heard of a public hearing on the issue. Everyone I have talked to who has reviewed the proposed Code has found serious flaws that must be corrected. There is no harm and much good in exposing the public to the issues and seeking their input. This could most effectively be done through Norwalk’s excellent network of neighborhood associations.

    I also do not agree that the city’s Corporation Counsels should be responsible for drafting the Ethics Code. The Corporation Counsels are appointed by the Mayor and have offices adjacent to the Mayor’s. Whether real or imagined, the public perception is inevitable that the Corporation Counsels will act with a political bias. In matters of ethics, the perception of bias is perhaps more important than any real bias.

    I believe outside legal counsel should be used to aid in drafting the Code, and I am confident there are qualified attorneys who could provide the requisite advice, perhaps pro bono.

    The Corporation Counsels should review the draft document, obviously, to insure that no provisions violate state statutes or the city’s ordinances. Even these judgments, however, are often subject to interpretation and need public vetting.

    Ample public input is essential, which may mean several public hearings, coupled with wide publicity on the issues, using the press and the neighborhood associations as vehicles. This process of open public debate could be completed in three months, and should begin immediately. I hope viewers of this website can offer some constructive suggestions. Please first visit the City Ethics website, however.

  • 4 Anonymous // Apr 11, 2007 at 1:54 pm

    It might be pointed out tha Mr Tully is a member of the ZBA, who no matter how the makeup of the board goes, would be covered by such a board, so he he has an ethics quandry right now. Should a sitting member of a Commmsion be invloved with publicaly advocating a positon on the makeup of a board that might have to rule on his actions someday.