After receiving clearance from the town attorney, the

Board of Ethics has released two draft forms to be used by members of the public or officials who either aim to lodge an ethics complaint or request clarification about whether one may be justified.

The Newtown Bee to inquire about them in an e-mail request to Ethics Chair Jacqueline Villa. But as of press time, Ms Villa had not responded to the query, so minutes to the board's latest meeting were reviewed.

On Monday, January 9, a "Complaint Petition," and "Advisory Opinion Request" form were posted in the town clerks office, prompting

According to those minutes, the board initially presented three documents for review to Town Attorney David Grogins. While the two previously mentioned were approved for potential use, Mr Grogins reported that a third, identified as "Complaint Processing Procedures," was not approved.

The minutes reflect that such procedures are set forth in the town charter, which means they cannot be changed or modified without a Charter Revision Commission, the Legislative Council, and ultimately citizens ratify them by referendum vote.

Ms Villa provided the two approved forms, as well as the draft of procedures her board has drafted for public review with the town clerk. The minutes reflect that public comment on those documents would be accepted when the ethics panel meets again on February 2.

The Complaint Petition requests the name, address, phone number, and e-mail of the individual filing the document, along with identifying the person believed to have violated the ethics code, that person's position or office, and the specific section of the code the complainant believes was violated.

The form also asks where and when the alleged violation occurred, along with a brief statement containing other facts, circumstances, and documentation supporting the complaint. The form must then be signed and notarized.

All sworn complaints remain confidential until probable cause to hold a violation hearing is established, and all meetings of the Ethics Board and involved parties are not subject to public notice or access until the board votes to hold a hearing.

The Advisory Opinion Request form is intended for elected or appointed officials, and is not intended or regarded as a complaint. As such, the requestor's name, address, phone number, and e-mail are requested, along with a description of concerns, the specific section of the code may be involved, and any other details of the potential violation.

The draft states that a return opinion should be expected within 25 business days of receipt.

Based on the draft of processing procedures, ethics officials expect the forms to be available in the town clerk's office, and on the town website. Probable cause investigations would commence within 20 business days of the chairperson receiving a complaint.

If probable cause is determined, both the complainant and respondent would be notified within five business days. Provided the respondent is not subject to a collective bargaining agreement, personal employee contract, or other agreement that would trigger a referral to the appropriate "forum" to be filed, a hearing would be scheduled within 20 business days to determine the merits of the complaint.

A complainant would be afforded an opportunity to present evidence including documentation and witnesses. And the respondent (and attorney if retained) would be allowed to cross examine the complainant and their witnesses, along with presenting their own evidence and witnesses in their defense.

Upon conclusion of that phase of proceedings, the ethics board would deliberate. According to the draft, all deliberations and voting would be bound to occur in public. Then, within five business days the ethics board would be bound to publish its findings of fact, and any decisions regarding complaint's merits.

If the complaint is without merit, the case would be dismissed. If the complaint is determined to have merit, any such findings and recommendations would be forwarded to the Board of Selectmen for review and possible further action.

Drafting of these updated procedures began last November, prompted by a Legislative Council request to the Board of Ethics to develop a complaint process, in reaction to Freedom Of Information issues affecting that board.