[HISTORY: Adopted by the Village Board of the Village of
Blanchardville as Sec. 1.08 of the 2003 Municipal 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 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 a code of ethics for all Village of Blanchardville
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 are nominated. The purpose of this 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 Blanchardville
and by directing disclosure by such officials and employees of private
financial or other interests in matters affecting the Village. The
provisions and purpose of this code and such rules and regulations
as may be established are hereby declared to be in the best interests
of the Village of Blanchardville.
A.
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.
B.
Accordingly, the provisions of the following sections of the Wisconsin
Statutes are made a part of this Code of Ethics and shall apply to
public officials and employees whenever applicable, to wit:
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 municipality and 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.
All officials and employees of the Village of Blanchardville 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 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.
No official or employee shall grant any special consideration,
treatment or advantage to any citizen beyond which is available to
every other citizen.
A.
Contracts with the Village.
(1)
No Village officer or employee who in his/her capacity as such officer
or employee participates in the making of a contract in which he/she
has a private pecuniary interest, or performs in regard to that contract
some function requiring the exercise of discretion on his part, shall
enter into any contract with the Village unless, within the confines
of § 946.13, Wis. Stats.:
(2)
The provisions of this section shall not apply to the designation
of a public depository of public funds.
B.
Disclosure of interest in legislation.
(1)
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 or the Ethics Committee
created by this chapter, the nature and extent of such interest.
(2)
Any other official or 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 or employee
has any influence or input or of which the official or 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.[1]
Any questions as to the interpretation of any provisions of
this Code of Ethics shall be referred to Policy and Personnel Committee
and/or Village Board, which, if it deems it necessary or appropriate,
may request an advisory opinion from the Village Attorney.
The Policy and Personnel Committee shall have administrative
jurisdiction over this Code of Ethics and shall be deemed the Ethics
Committee for that purpose.
A.
The Committee may make recommendations with respect to amendments
to this chapter.
B.
Upon the sworn complaint of any person alleging facts which, if true,
would constitute improper conduct under the provisions of this chapter,
the Committee shall conduct an investigation of the facts of the complaint;
if the investigation indicates there may be a reasonable basis for
the complaint justifying further investigation, the Committee shall
conduct a public hearing in accordance with the common law requirements
of due process including notice, an opportunity to be heard, an opportunity
to cross-examine witnesses and to present testimony and other evidence
in support of the accused's position and an opportunity to be
represented by counsel or other representative at the expense of the
accused. The Committee shall make written findings of fact and issue
a written decision concerning the propriety of the conduct of the
subject official or employee and shall refer the matter to the Village
Board for final disposition.[1]
C.
In the event a member of the Policy and Personnel Committee is allegedly
involved in an ethics code violation, the President, subject to the
confirmation of the Village Board, shall appoint another trustee to
temporarily replace the member of the Committee who is under investigation.
D.
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.
A determination that an official's or employee's actions
constitute improper conduct under the provisions of this chapter may
constitute a cause for suspension, removal from office or employment,
or other disciplinary action.
A.
The Clerk-Treasurer shall cause a copy of this Code of Ethics to
be distributed to every public official and employee of the Village
of within 30 days after enactment of this chapter. Each public official
and employee elected, appointed, or engaged thereafter shall be furnished
a copy before entering upon his or her duties.
B.
Each public official, the Village President, the chairperson of each
board, commission, or committee and the head of each department shall,
between May 1 and May 31 each year, review the provisions of this
chapter with his or her fellow board, commission, committee members
or subordinates as the case may be and certify to the Village Clerk
by June 15 that such annual review had been undertaken. A copy of
this chapter shall be continuously posted on each department bulletin
board wherever situated.
C.
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.
