Waterford Commission Suggests Sanctions for Breaching Confidentiality of Ethics Complaint

October 12, 2024 4:09 p.m. • Last updated: October 12, 2024 4:09 p.m.

Waterford ― The commission charged with investigating residents’ complaints against city officials has suggested ordinance changes that would penalize reporters who make their complaints public.

Three ordinance changes, which the Ethics Commission unanimously approved Oct. 1, were referred Monday to the Representative Municipal Assembly’s Standing Committee on Legislation and Administration, said member Sue Driscoll of the committee and the RTM. The committee has not yet set a date to discuss the changes, she said.

“It’s all in their court now,” Ethics Commission Chair Betsy Ritter said Thursday.

The Ethics Commission is established under state law as the agency charged with investigating allegations of unethical conduct, corrupting influence, or illegal activities against any municipal board, agency, commission, committee, official or employee. Under state law, it is made up of seven residents who are not elected officials and meets quarterly to investigate complaints.

The proposals end a year of discussions within the Ethics Commission about how the city can maintain the confidentiality of its ethics complaint process. Commissioners began discussing the issue at their first meeting in 2024, after the complaint’s filer, Ron Elkin, disclosed to The Day a copy of a complaint – which he had filed against First Selectman Rob Brule and then-Board of Education candidate Mindy Stone.

Elkin, a Democrat running for a position in the city’s representative municipal assembly, filed a complaint against the two Republicans in October, a month before the municipal elections. In it, he alleged that he saw Brule and Stone use a city-owned vehicle to distribute election flyers on Columbus Day.

After Elkin’s complaint was filed, commissioners ruled that Elkin violated city rules regarding confidentiality of complaints. According to the city’s ethics ordinance, “an investigation conducted before probable cause is found is confidential unless requested by the person against whom the complaint is made.”

The commission held special meetings on the issue and the complaint was dismissed. The allegations made by Elkin in the complaint were never investigated.

One of the three proposed order changes adds language stating that investigations into ethics complaints would end – without any follow-up investigation by the commission – if the complainant makes the complaint public before the commission establishes probable cause for an investigation.

A second proposed addition to the orders states that ethics complaints against more than one person or party must be filed as two separate complaints, even if they involve violations of the same ethics rule. For example, in Elkin’s case, he should have filed separate complaints against Brule and Stone.

The third addition would add language to enforce the confidentiality process. We still don’t know yet what this application would look like.

Members of the Ethics Commission debated how best to enforce the confidentiality process.

Member Adam Stone, the husband of complaint target Mindy Stone, suggested fining or jailing those who might seek to violate the ethical confidentiality process. Commission deputy Sara Gilman Mallari argued that the threat of such a heavy penalty could discourage reporters from filing a complaint.

Although the commission was unable to reach a solution, it agreed that some form of crackdown was necessary against those who violated the ethics process, and forwarded the change to the RTM, along with the other two, for consideration.

“The Ethics Commission has not made any specific recommendation regarding punishment for violations,” Ritter said. “Only a request that the RTM examine it.”

Driscoll said a public hearing would be held before any changes are made to the city’s ordinances.

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