[HISTORY: Adopted by the Village Board of the Village of Theresa 6-3-1996
as Title 2, Ch. 5 of the 1996 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 Theresa 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 reasonably soon as possible after such individuals
are nominated for Village office.
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 Theresa 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 Theresa.
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 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 or political associations, whether or not any financial interest
is involved.
Any person excluded from the definition of a 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, whether paid or unpaid.
Owning or controlling, directly or indirectly, at least 10% or $5,000
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 Clerk-Treasurer. 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 rightful remuneration and benefits,
for himself 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 or 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 to 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,
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.
When an official or employee has doubt as to the applicability of a
provision of this section, such official or employee may apply to the Village
Attorney for an advisory opinion. The official or employee shall have the
opportunity to present his or her interpretation of the facts at issue and
of the applicability of provisions of this section before such advisory decision
is made. This section shall be operative in all instances covered by its provisions,
except when superseded by an applicable statutory provision and statutory
action is mandatory, or when the application of a statutory provision is discretionary
but determined to be more appropriate or desirable.
A.
This section governs the proposed hiring of individuals for full-time or part-time work as Village employees who are members of the immediate family of Village employees or elected officials. "Immediate family" includes those relatives by blood or marriage defined in § 42-2 as personal interests.
B.
Hiring an immediate family member of any current Village
employee or elected Village official will be considered only if that individual
has the knowledge and skills, experience or other job-related qualifications
that warrant consideration for the position. It is required that either the
current employee or the relative seeking employment will make the personal
interest relationship known to the hiring authority (department head, Village
board or commission or Village Board) before a hiring decision is made.
C.
This section does not apply to nonelected officials who
are asked to accept appointment as members of a Village board, commission
or committee; nonelected officials, however, will be expected to disqualify
themselves from participation in matters under consideration which may affect
the hiring, retention, classification or compensation of their immediate family
if currently employed or being considered for employment by the Village.
A determination that an employee's actions constitute improper conduct
under the provisions of this chapter shall constitute a cause of suspension,
removal from office or employment or other disciplinary action. Sanctions,
including any disciplinary action, that may affect employees covered under
a labor agreement will be consistent with the terms and conditions set forth
in the applicable labor agreement. Elected Village officials, following a
hearing before the Village Board, may be reprimanded and/or removed from committee
assignments.
No full-time officer or employee of the Village shall engage in other
ongoing, significant remunerative employment within or without the Village,
provided that the Village Board may approve such outside employment or activity
if it finds that it does not morally conflict with such officer's or employee's
ability to perform his duties in an efficient and unbiased manner. Violation
of this provision shall be grounds for removal from office of any such officer
or employee.