[HISTORY: Adopted by the Village Board of the Village of
Athens 11-22-2004 as Title 2,
Ch. 5, of the 2004 Code. Amendments noted where applicable.]
A.
The proper operation of democratic government requires that public
officials and employees be independent, impartial and responsible
to the people; that government decisions and policy be made in proper
channels of the governmental structure; that public office not be
used for personal gain; and that the public have confidence in the
integrity of its government. In recognition of these goals, there
is hereby established in this chapter a Code of Ethics for all Village
of Athens officials and employees, whether elected or appointed, paid
or unpaid, including members of boards, committees and commissions
of the Village, as well as any individuals who are candidates for
elective office as soon as such individuals file nomination papers
with the Village.
B.
The purpose of this Ethics Code is to establish guidelines for ethical
standards of conduct for all such officials and employees by setting
forth those acts or actions that are incompatible with the best interests
of the Village of Athens and by directing disclosure by such officials
and employees of private financial or other interests in matters affecting
the Village. The Village Board believes that a Code of Ethics for
the guidance of elected and appointed officials and employees will
help them avoid conflicts between their personal interests and their
public responsibilities, will improve standards of public service
and will promote and strengthen the faith and confidence of the citizens
of this Village in their elected and appointed officials and employees.
The Village Board hereby reaffirms that each elected and appointed
Village official and employee holds his or her position as a public
trust, and any intentional effort to realize substantial personal
gain through official conduct is a violation of that trust. The provisions
and purpose of this Ethics Code and such rules and regulations as
may be established are hereby declared to be in the best interests
of the Village of Athens.
The following definitions shall be applicable in this chapter:
Any money or property, favor, service, payment, advance,
forbearance, loan, or promise of future employment, but does not include
compensation or expense reimbursement paid by the Village, honorariums,
fees and expenses under the standards and reporting requirements set
forth in § 19.56, Wis. Stats., political contributions which
are reported under Ch. 11, Wis. Stats., or hospitality extended for
a purpose unrelated to Village business by a person other than a firm,
corporation, partnership, or joint venture.[1]
Any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual or
any other legal entity which engages in profit-making activities.
Any interest which shall yield, directly or indirectly, a
significant monetary or other material benefit to the officer or employee
or to any person employing or retaining the services of the officer
or employee.
Any interest arising from blood or marriage relationships
or from close business associations, whether or not any financial
interest is involved.
Any person excluded from the definition of "public official"
who is employed by the Village.
Those persons serving in statutory elected or appointed offices
provided for in Ch. 61, Wis. Stats., and all members appointed to
boards, committees and commissions established or appointed by the
Village President and/or Village Board pursuant to this Code of Ordinances,
whether paid or unpaid.
Owning or controlling, directly or indirectly, at least 10%
or $10,000 of the outstanding stock of any business.
There are certain provisions of the Wisconsin Statutes which
should, while not set forth herein, be considered an integral part
of any Code of Ethics. Accordingly, the provisions of the following
sections of the Wisconsin Statutes, as from time to time amended,
are made a part of this Code of Ethics and shall apply to public officials
and employees whenever applicable:
Public officials and employees are agents of public purpose
and hold office for the benefit of the public. They are bound to uphold
the Constitution of the United States and the Constitution of this
state and carry out impartially the laws of the nation, state and
municipality, to observe in their official acts the highest standards
of morality and to discharge faithfully the duties of their office
regardless of personal considerations, recognizing that the public
interest must be their prime concern.
A.
Officials and employees should adhere to the rules of work and performance
established as the standard for their positions by the appropriate
authority.
B.
Officials and employees should not exceed their authority or breach
the law or ask others to do so, and they should work in full cooperation
with other public officials and employees unless prohibited from so
doing by law or by officially recognized confidentiality of their
work.
C.
Members of the Village staff are expected to follow their appropriate
professional code of ethics. Staff members shall file a copy of such
professional ethics codes with the Village Board. The Village Board
shall notify the appropriate professional ethics board of any ethics
violations involving Village employees covered by such professional
standards.
A.
Use of public property. No official or employee shall use or permit
the unauthorized use of Village-owned vehicles, equipment, materials
or property for personal convenience or profit, except when such services
are available to the public generally or are provided as Village policy
for the use of such official or employee in the conduct of official
business, as authorized by the Village Board or authorized board,
commission or committee.
B.
Obligations to citizens. No official or employee shall grant any
special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen. No official or employee
shall use or attempt to use his or her position with the Village to
secure any advantage, preference or gain, over and above his/her rightful
remuneration and benefits, for himself/herself or for a member of
his or her immediate family.
C.
Political contributions. No official shall personally solicit from
any Village employee, other than an elected official, a contribution
to a political campaign committee for which the person subject to
this chapter is a candidate or treasurer.
A.
Financial and personal interest prohibited.
(1)
No official or employee of the Village, whether paid or unpaid, shall
engage in any business or transaction or shall act in regard to financial
or other personal interest, direct or indirect, which is incompatible
with the proper discharge of official duties in the public interest,
contrary to the provisions of this chapter or which would tend to
impair independence of judgment or action in the performance of official
duties.
(2)
Any member of the Village Board who has a financial interest or personal
interest in any proposed legislation before the Village Board shall
disclose on the records of the Village Board the nature and extent
of such interest; such official shall not participate in debate or
vote for adoption or defeat of such legislation. If the matter before
the Village Board involves a member's personal interest with
persons involved, the member may participate in debate or discussion
and vote on the matter following disclosure, unless an ordinance or
contract is involved; if an ordinance or contract is involved, such
official shall not participate in debate or discussion and vote on
the matter.
(3)
Any nonelected official, other than a Village employee, who has a
financial interest or personal interest in any proposed legislative
action of the Village Board, or any board, commission or committee
upon which the official has any influence or input or of which the
official is a member, that is to make a recommendation or decision
upon any item which is the subject of the proposed legislative action,
shall disclose on the records of the Village Board or the appropriate
board, commission or committee the nature and extent of such interest.
Such official shall not participate in debate or discussion or vote
for adoption or defeat of such legislation.
(4)
Any Village employee who has a financial interest or personal interest
in any proposed legislative action of the Village Board, or any board,
commission or committee upon which the employee has any influence
or input or of which the employee is a member, that is to make a recommendation
or decision upon any item which is the subject of the proposed legislative
action, shall disclose on the records of the Village Board or the
appropriate board, commission or committee the nature and extent of
such interest.
B.
Disclosure of confidential information. No official or employee shall,
without proper legal authorization, disclose confidential information
concerning the property, government or affairs of the Village, nor
shall such information be used to advance the financial or other private
interests of the official or employee or others.
C.
Incompatible employment. No official or employee shall engage in
or accept private employment or render service, for private interest,
when such employment or service is incompatible with the proper discharge
of his or her official duties or would tend to impair such official's
or employee's independence of judgment or action in the performance
of his or her official duties, unless otherwise permitted by law and
unless disclosure is made as hereinafter provided.
D.
Gifts and favors.
(1)
No official or employee shall accept or offer to accept anything
of value from any person who, to his or her knowledge, is interested
directly or indirectly, or is seeking an interest, directly or indirectly,
in any manner whatsoever in business dealings with the Village, or
from any person who conducts activities which are regulated by the
Village, or from any person who has interests which may be substantially
affected by actions of the Village.
(2)
No official or employee shall accept or offer to accept anything
of value that may tend to influence such official or employee in the
discharge of his or her duties, or grant in the discharge of his or
her duties any improper favor, service, or thing of value.
(3)
Gifts received under unusual circumstances should be referred to
the Village Board within 10 days for recommended disposition.
(4)
An official or employee is not to accept hospitality if, after consideration
of the surrounding circumstances, it could reasonably be concluded
that such hospitality would not be extended were it not for the fact
that the guest, or a member of the guest's immediate family,
was a Village official or employee. Participation in celebrations,
grand openings, open houses, informational meetings and similar events
is excluded from this prohibition. This subsection further shall not
be construed to prevent candidates for elective office from accepting
hospitality from citizens for the purpose of supporting the candidate's
campaign.
E.
Representing private interests before Village agencies or courts.
(1)
Nonelected Village officials and employees shall not appear on behalf
of any private person (other than himself or herself, his or her spouse
or minor children) before any Village agency, board or commission
or the Village Board if the official or employee or any board, commission
or committee of which the official or employee is a member has any
jurisdiction, discretion or control over the matter which is the subject
of such representation.
(2)
Elected Village officials may appear before Village agencies on behalf of constituents in the course of their duties as representatives of the electorate or in the performance of public or civic obligations. However, the disclosure requirements of Subsection A above shall be applicable to such appearances.
F.
Ad hoc committee exceptions. No violation of the conflict of interest
restrictions of this section shall exist, however, where an individual
serves on a special ad hoc committee charged with the narrow responsibility
of addressing a specific issue or topic in which that individual,
or the employer or a client of that individual, has an interest so
long as the individual discloses to the Village Board that such interest
exists.
G.
Contracts with the Village. No official or employee who, in his or
her capacity as such officer or employee, participates in the making
of a contract in which such officer or employee has a private pecuniary
interest, direct or indirect, or performs in regard to that contract
some function requiring the exercise of discretion on the part of
such official or employee, shall enter into any contract with the
Village unless:
(1)
The contract is awarded through a process of public notice and competitive
bidding.
(2)
The contract or activity is exempt from or otherwise deemed appropriate
by § 946.13, Wis. Stats.
Any questions as to the interpretation of any provisions of
this Code of Ethics shall be referred to the Village Board, which,
if it deems necessary or appropriate, may request an advisory opinion
from the Village Attorney.
No full-time officer or full-time employee of the Village shall
engage in any ongoing remunerative employment within or without the
Village, provided that the Village Board may approve such outside
ongoing employment or activity if it finds that it does not interfere
or conflict with such officer's or employee's ability to perform
his/her duties in an efficient and unbiased manner. Violation of this
provision shall be grounds for removal from office of any such officer.
A.
Action upon conflict.
(1)
Duty of Village officer or employee. If any Village officer or employee,
in the discharge of his/her official duties, is required to take an
action that is prohibited by this chapter and would result in a conflict
of interest, such Village officer or employee:
(a)
Shall not take such action.
(b)
Shall prepare a written statement describing the matter requiring
action or decision and the nature of the possible conflict of interest
with respect to such action or decision.
(c)
Shall deliver copies of such statement to the Village Board
and to his/her immediate superior, if any. In the case of the Village
President or Village Board member, he/she may deliver a copy of such
statement to the Clerk. The Village Clerk shall cause such statement
to be printed in the official proceedings and, upon request, such
Village President or Village Board member will be excused from voting,
deliberating and taking other actions on the matter on which a possible
conflict exists.
(2)
Village Board review. The Village Board shall review the statement
describing the matter requiring action or decision and the nature
of the possible conflict of interest and may advise the Village officer
or employee. Any person subject to this chapter may request of the
Village Board written advice regarding the propriety of any matter
to which he/she is or may become a party. Written advice issued under
this subsection shall be confidential, except that it may be subpoenaed
by any court of record. No person, except the person who initially
requested preparation of the statement, may make the contents of any
written advice or other records of the Village Board public. It shall
be prima facie evidence of intent to comply with this chapter when
a person refers a matter to the Village Board and abides by the written
advice.
B.
Complaint procedure.
(1)
Filing of complaint. The Village Board shall accept from any person
a written complaint which shall state the name of the officer or employee
alleged to have committed a violation of this chapter and which shall
set forth the particulars thereof. The Village Board shall forward
within 10 days a copy of the complaint to the officer or employee
who is accused.
(2)
Committee determination. Upon the filing of such charges with the
Village Board, such charges shall be referred to the Finance and Personnel
Committee for an initial determination. The Finance and Personnel
Committee shall notify the officer or employee accused of the date
on which a Committee meeting to discuss the complaint will be held.
Such notice shall be given in writing to such officer or employee
who may or may not attend such Committee meeting. The complainant
shall be required to attend. Such Committee meeting shall be closed
to the public unless the accused petitions for the Committee meeting
to be open to the public.
(3)
Hearing recommendation. If the Finance and Personnel Committee, after
hearing the complainant and the officer or employee accused, if in
attendance, finds that there are grounds to believe that there has
been a violation of the Ethics Code, a notice of hearing shall be
issued and served upon the officer or employee reciting the violation
or violations and notifying him/her to appear before the Village Board
upon a day and place to be fixed and set forth in the notice and file
his/her answer to the charges and to stand and abide by the order
and judgment of the Village Board thereon.[1]
(4)
Hearing procedure. At least 10 days prior to the date set for the
hearing, the notice of hearing shall be served on the accused as provided
for the service of a summons in a civil action under the laws of the
State of Wisconsin. The officer or employee may, within 10 days from
the service of the notice of hearing, file with the Village Board
his/her verified answer to the charges. At the hearing, evidence and
support of the charges shall be presented on behalf of the Village
Board by the Village Attorney or a member of the Village Board. The
accused may appear in person to answer the charges or he/she may appear
by an attorney and shall be entitled to present such evidence in support
of his/her position as may be relevant, competent and material to
the charges before the Village Board. Upon completion of the hearing,
judgment shall be entered finding the accused guilty or not guilty
of the charges.
C.
Penalty. Violation and conviction of any provision of this chapter
shall cause one or more of the following penalties to be applied:
