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 City of Nekoosa 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. 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 City
of Nekoosa and by directing disclosure by such officials and employees
of private financial or other interests in matters affecting the City.
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 City of Nekoosa.
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 are made a part of this Code of
Ethics and shall apply to public officials and employees whenever
applicable:
§ 946.10
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Bribery of public officers and employees
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§ 946.11
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Special privileges from public utilities
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§ 946.12
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Misconduct in public office
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§ 946.13
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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 and carry out impartially the laws of the nation, 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.
All officials and employees of the City of Nekoosa 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. 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.
Any questions as to the interpretation of any provisions of
this Code of Ethics shall be referred to the Policy and Personnel
Committee and/or Common Council, which, if it deems it necessary or
appropriate, may request an advisory opinion from the City 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.
(1) The Committee may make recommendations with respect to amendments
to this Code of Ethics.
(2) Upon the sworn complaint of any person alleging facts which, if true,
would constitute improper conduct under the provisions of this article,
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 Common Council for final
disposition.
(3) In the event a member of the Policy and Personnel Committee is allegedly
involved in an Ethics Code violation, the Mayor, subject to the confirmation
of the Common Council, shall appoint another Alderman to temporarily
replace the member of the Committee who is under investigation.
(4) 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 Ethics Code.
A determination that an official's or employee's actions constitute
improper conduct under the provisions of this article may constitute
a cause for suspension, removal from office or employment, or other
disciplinary action.