The following definitions shall be applicable in this chapter:
ANYTHING OF VALUE
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.
BUSINESS
Any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual or
any other legal entity which engages in profit-making activities.
FINANCIAL INTEREST
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.
PERSONAL INTEREST
The following specific blood or marriage relationships:
A.
A person's spouse, mother, father, child, brother or sister;
or
B.
A person's relative by blood or marriage who receives,
directly or indirectly, more than 1/2 of his support from such person
or from whom such person receives, directly or indirectly, more than
1/2 of his support.
PUBLIC EMPLOYEE
Any person excluded from the definition of a public official
who is employed by the City.
PUBLIC OFFICIAL
Those persons serving in statutory elected or appointed offices
provided for in Chapter 62 of the Wisconsin Statutes, and all members
appointed to boards, committees and commissions established or appointed
by the Mayor and/or Common Council pursuant to this Code of Ordinances,
whether paid or unpaid.
SIGNIFICANT INTEREST
Owning or controlling, directly or indirectly, at least 10%
or $5,000 of the outstanding stock of any business.
STAFF
Any full- or part-time employee of the City.
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:
A. Section 19.59, Codes of ethics for local government officials, employees
and candidates.
B. Section 946.10, Bribery of public officers and employees.
C. Section 946.12, Misconduct in public office.
D. Section 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. Their conduct in both their
official and private affairs should be above reproach so as to foster
respect for government.
When an official or employee has doubt as to the applicability
of a provision of this Ethics Code to a particular situation or definition
of terms used in this chapter, he should apply to the City Attorney
for an advisory opinion and will be guided by that opinion when given.
The official or employee shall have the opportunity to present his
interpretation of the facts at issue and of the applicable provisions
of this chapter before such advisory decision is made. This chapter
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 by the City Attorney to be more appropriate
or desirable. 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.
In the event an employee, covered under a collective bargaining
agreement, is allegedly involved in an Ethics Code violation, the
terms and conditions set forth in the applicable collective bargaining
agreement shall prevail in the administration and interpretation of
this chapter.
The City of Prescott Employee Handbook is adopted and incorporated
herein by reference.