[HISTORY: Adopted by the Village Board of the Village of
Fox Point 12-8-1992 by Ord. No. 92-591 (§ 2.18 of the 1961 Code).
Amendments noted where applicable.]
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 service 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 a Code of Ethics for all Village of Fox Point
officials and employees (including all fire and police 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. The purpose of
this Code of Ethics 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 interest of the
Village of Fox Point. The provisions and purpose of this Code of Ethics
and such rules and regulations as may be established are hereby declared
to be in the best interests of the Village of Fox Point, and are promulgated
under the authority granted to the Village of Fox Point pursuant to
§ 19.59(1m), Wisconsin Statutes.
There are certain provisions of the Wisconsin Statutes which
should be considered by public officials and employees. Although not
part of this Code of Ethics, they are listed below:
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§ 946.10, Bribery of public officers and employees
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§ 946.11, Special privileges from public utilities
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§ 946.12, Misconduct in public office
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§ 946.13, Private interest in public contract prohibited
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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, to 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.
A.
All officials and employees of the Village of Fox Point should be
loyal to the objectives expressed by the electorate and the programs
developed to attain these objectives. Appointive officials and employees
should adhere to the rules of work and performance established as
the standard for their position 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 doing
so by law or by officially recognized confidentiality of their work.
Certain provisions of the Wisconsin Statutes, while not set
forth herein, should be considered an integral part of this Code of
Ethics. The provisions of the following sections of the Wisconsin
Statutes are incorporated herein by reference and are made a part
of this Code and shall apply to all officials and employees whenever
applicable:
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Wisconsin Code of Ethics for Local Government Employees
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§ 19.42(7u)
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§ 19.42(7w)
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§ 19.59
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§ 19.85(1)(h)
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No public official or employee shall request, use, or permit
the 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 municipal policy
for the use of such official or employee in the conduct of official
business.
Any member of the Fox Point Village Board who has a financial
interest or a personal interest in any proposed legislation before
the Village Board shall publicly disclose on the record of the Village
Board the nature and extent of such interest.
Any question as to the interpretation or application of any
provision of the Code of Ethics shall be referred to the Ethics Board.
The Ethics Board may issue advisory opinions in accordance with § 19.59,
Wis. Stats., or may authorize the Village Attorney to act in its place
where delay would be of substantial inconvenience or detrimental to
the requesting party.
A.
There is hereby created an Ethics Board to consist of three members.
The membership of the Ethics Board shall consist of three citizens.
The Village Manager shall provide necessary staff assistance to the
Ethics Board and shall serve as its secretary, but shall not vote.
The Village Attorney shall furnish the Ethics Board whatever legal
assistance is necessary to carry out its functions.
B.
The members of the Ethics Board shall be appointed by the Village
President subject to confirmation by the Village Board. Terms of office
of the members shall be three years, except that when the initial
appointments are made, one member shall be appointed for one year,
one member for two years, and one for three years. Members of the
Ethics Board shall be limited to serving three full three-year terms.
The members of the Ethics Board shall be residents of Fox Point and
shall not be elected officials, appointed officials, Village employees,
or concurrently serving on any other Village board, committee, or
commission.
C.
In the event a member of the Ethics Board is allegedly involved in
an Ethics Code violation, the Village President, subject to confirmation
by the Village Board, shall appoint another individual to replace
temporarily the member of the Ethics Board who is under investigation.
[Amended 11-13-2012 by Ord. No. 2012-12]
A.
The Ethics Board shall administer and enforce the provisions of this Code of Ethics except as enforced by the District Attorney under Chapter 19 of the Wisconsin Statutes.
B.
The Ethics Board shall elect its own chairperson and vice-chairperson
and shall develop written rules of procedure which shall be submitted
to the Village Board for approval.
C.
The Ethics Board may make recommendations concerning amendments to
this Code of Ethics which shall be submitted to the Village Board
for approval.
D.
On sworn complaint of any person alleging facts which, if true, would
constitute improper conduct under the provisions of this code, the
Ethics Board shall conduct a preliminary hearing in closed session
to determine the sufficiency of the complaint. If as a result of the
preliminary hearing the Ethics Board determines that no probable cause
exists to believe that a violation of this code has occurred, the
complaint shall be dismissed and no further action taken. If the Ethics
Board concludes that probable cause exists, it shall conduct a public
hearing in accordance with the requirements of due process of law.
The Ethics Board is empowered to issue subpoenas and administer oaths.
The Ethics Board shall, in written findings of fact and conclusions,
make a determination concerning the propriety of the conduct of the
subject official or employee. If the Ethics Board determines that
this code has been violated, it shall make a determination of sanctions
to be imposed, if any.
E.
Records of the Ethics Board's opinions, opinion requests, and
investigations of violation of the Code of Ethics of the Village of
Fox Point may be closed to public inspection in whole or part, except
that the Ethics Board shall permit inspection of records that are
made public in the course of a hearing held to determine if a violation
of the Code of Ethics has occurred.
A determination that an official's or employee's actions
constitute improper conduct under the provisions of this Code of Ethics
may constitute a cause for suspension, removal from office or employment,
or other disciplinary action. As an alternative or an addition to
the sanctions imposed herein, an official or employee may be subject
to a forfeiture of not more than $1,000 for each violation.
