[HISTORY: Adopted by the Common Council of the City of Bayfield 4-1-1992
(§§ 2-5-1 through 2-5-9 of the 1992 Code of Ordinances). 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 City of Bayfield officials and employees, whether
elected or appointed, paid or unpaid, including members of boards, committees
and commissions of the City, as well as any individuals who are candidates
for elective office as soon as such individuals file nomination papers with
the City.
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 City of Bayfield and by directing disclosure by such officials and
employees of private financial or other interests in matters affecting the
City. The Common Council 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 City in their elected and appointed officials
and employees. The Common Council hereby reaffirms that each elected and appointed
City 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 City of Bayfield.
The following definitions shall be applicable in this chapter:
Any gift, favor, loan, service or promise of future employment, but
does not include reasonable fees and honorariums, or the exchange of seasonal,
anniversary or customary gifts among relatives and friends.
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.
The following specific blood or marriage relationships:
Any person excluded from the definition of a public official who
is employed by the City.
Those persons serving in statutory elected or appointed offices provided
for in Ch. 62, Wis. Stats., and all members appointed to boards, committees
and commissions established or appointed by the Mayor and/or Common Council
pursuant to the Code of the City of Bayfield, whether paid or unpaid.
Owning or controlling, directly or indirectly, at least 10% or $5,000
of the outstanding stock of at least 10% or $5,000 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, to
wit:
|
Wis. Stats. Section
|
Title
|
|---|---|
|
§ 946.10
|
Bribery of Public Officers and Employees
|
|
§ 946.11
|
Special Privileges from Public Utilities
|
|
§ 946.12
|
Misconduct in Public Office
|
|
§ 946.13
|
Private Interest in Public Contract Prohibited
|
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 City staff are expected to follow their
appropriate professional code of ethics. Staff members shall file a copy of
such professional ethics codes with the City Clerk. The City Clerk may notify
the appropriate professional ethics board of any ethics violations involving
City employees covered by such professional standards.
A.
Use of public property. No official or employee shall
use or permit the unauthorized use of City-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 City policy for the
use of such official or employee in the conduct of official business, as authorized
by the Common Council or authorized board, commission or committee.
B.
Use of City stationery. Copies of any correspondence
written on City stationery shall be filed with the City Clerk, or his designee.
C.
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 City 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.
D.
Political contributions. No official shall personally
solicit from any City 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 City, 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 Common Council who has a financial
interest or personal interest in any proposed legislation before the Common
Council shall disclose on the records of the Common Council 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
Council 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 City employee,
who has a financial interest or personal interest in any proposed legislative
action of the Common Council 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 Common
Council 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 City employee who has a financial interest or personal
interest in any proposed legislative action of the Common Council or any board,
commission or committee upon which the employee has any influence of input,
or of which the employee is a member, that is a make to recommendation or
decision upon any item which is the subject of the proposed legislative action
shall disclose on the records of the Common Council 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 City, nor
shall such information be used to advance the financial or other private interests
of the official or employee or others.
C.
Gifts and favors.
(1)
No official or employee, personally or through a member
of his immediate family, may solicit or accept, either directly or indirectly,
from any person or organization, money or anything of value if it could be
expected to influence the employee's official actions or judgments or be considered
a reward for any action or inaction on the part of the official or employee.
(2)
No official or employee personally, or through a member
of his immediate family, shall accept any gift, whether in the form of money,
service, loan, thing or promise, from any person which may tend to impair
his independence of judgment or action in the performance of his duties or
grant in the discharge of his duties any improper favor, service or thing
of value.
(3)
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 City
official or employee. Participation in celebrations, grand openings, open
houses, informational meetings and similar events are 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.
(4)
Gifts received by an official or employee or his immediate
family under unusual circumstances shall be referred to the Common Council
within 10 days of receipt for recommended disposition. Any person subject
to this chapter who becomes aware that he is or has been offered any gift,
the acceptance of which would constitute a violation of this subsection, shall,
within 10 days, disclose the details surrounding said offer to the Common
Council. Failure to comply with this reporting requirement shall constitute
an offense under this chapter.
D.
Representing private interests before City agencies or
courts.
(1)
Nonelected City officials and employees shall not appear
on behalf of any private person (other than him or herself, his or her spouse
or minor children) before any City agency, board, commission or the Common
Council 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 City officials may appear before City 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.
E.
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 Common Council that such interest exists.
F.
Contracts with the City. No City official or employee
who, in his capacity as such officer or employee, participates in the making
of a contract in which he has a private pecuniary interest, direct or indirect,
or performs in regard to that contract with some function requiring the exercise
of discretion on his part shall enter into any contract with the City unless,
within the confines of § 946.13, Wis. Stats.:
(1)
The contract is awarded through a process of public notice
and competitive bidding or the Common Council waives the requirement of this
section after determining that it is in the best interest of the City to do
so.
(2)
The provisions of this subsection shall not apply to
the designation of a public depository of public funds.
Any questions as to the interpretation of any provisions of this Code
of Ethics Chapter shall be referred to the City Attorney. Such requests shall
be as detailed as possible and shall be made in writing. Advisory requests
and opinions shall be kept confidential, except when disclosure is authorized
by the requestor, in which case the request and opinion may be made public.
A.
This section governs the proposed hiring of individuals for full-time or part-time work as City employees who are members of the immediate family of City employees or elected officials. "Immediate family" includes those relatives by blood or marriage defined in § 48-2, definition of "personal interest."
B.
Hiring an immediate family member of any current City
employee or elected City official is discouraged and 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, City board or commission or Common Council) before a hiring decision
is made; in every case, the decision to hire an immediate family member or
former spouse will be subject to Common Council approval, with notice, before
the new employee is permitted to begin work. Marriage between two individuals
already employed by the City or their relatives will not be considered a violation
of this policy.
C.
This section does not apply to nonelected officials who
are asked to accept appointment as members of a City 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 City.
