[HISTORY: Adopted by the Common Council of the City of Marion 5-14-2001 by Ord. No.
2001-1. 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 City of Marion 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 Marion 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 Marion.
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:
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§ 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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§§ 19.41 to 19.59
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Code of Ethics for Public Officials and Employees
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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 to 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.
A.
All officials and employees of the City of Marion should be loyal
to the objectives expressed by the electorate and the programs developed
to attain these objectives. Appointed 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.
A.
Use of public property. No official or employee shall request or
permit the unauthorized use of City-owned vehicles, equipment, materials,
or property for personal convenience or profit.
B.
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.
A.
Financial and personal interest prohibited. No official or employee,
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.
B.
FINANCIAL INTEREST
PERSON
PERSONAL INTEREST
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Any person, corporation, partnership, or joint venture.
Any interest arising from a blood or marriage relationship
or from close business or political associations, whether or not any
financial interest is involved.
C.
Specific conflicts enumerated.
(1)
Incompatible employment. No official or employee shall engage in
or accept private employment or render service for private interest,
when such employment or service is incompatible with the proper discharge
of official duties or would tend to impair independence of judgment
or action in the performance of official duties, unless otherwise
permitted by law and unless disclosure is made as hereinafter provided.
(2)
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
interest of the official or employee or others.
(3)
Gifts and favors.
(a)
No official or employee shall accept any gift, whether in the
form of service, loan, thing, or promise, from any person which may
tend to impair his or her independence of judgment or action in the
performance of his or her duties or grant in the discharge of his
other duties any improper favor, service, or thing of value. Any official
who receives, directly or indirectly, any gift or gifts having an
aggregate value of more than $50 within any calendar year from any
person who is known by said official or employee to be interested,
directly or indirectly, in any manner whatsoever in business dealings
with the City upon which the official or employee has any influence
or input or over which the official or employee has any jurisdiction,
discretion, or control shall disclose the nature and value of such
gifts to the Common Council by January 20 next following the year
in which the gift or gifts are received.
(b)
No official or employee may solicit or accept, either directly
or indirectly, from any person or organization, money or anything
of value if it could reasonably be expected to influence the employee's
official actions or judgment or be considered a reward for any action
or inaction on the part of the official or employee.
(c)
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
is 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.
(d)
Gifts received by an official or employee under unusual circumstances
should be referred to the Common Council within 10 days of receipt
for recommended disposition.
(4)
Representing private interests before City agencies or courts. No
officer or employee shall appear on behalf of any private person (other
than himself or herself, his or her spouse, or minor children) before
any City agency or municipal court. However, members of the Common
Council 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.
D.
No official, employee or agent of this City shall participate in
the selection, award, or administration of a contract awarded by the
City if a conflict of interest, real or apparent, would be involved.
An example of such a conflict prohibited would arise when the official,
employee, or agent, any member of his/her immediate family, his/her
partner, or an organization which employs or is about to employ any
of the above has a financial or other interest in the firm awarded
the contract.
E.
Contracts with the City.
(1)
No City 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, direct or indirect, or performs
in regard to that contract some function requiring the exercise of
discretion on his/her part, shall enter into any contract with the
City unless, within the confines of § 946.13, Wis. Stats.:
(2)
The provisions of this subsection shall not apply to the designation
of a public depository of public funds.
F.
Disclosure of interest in legislation. Any member of the Common Council
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 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 Common Council or the appropriate board, commission, or committee
the nature and extent of such interest.
Any questions as to the interpretation of any provisions of
this Code of Ethics shall be referred to the Common Council, which,
if it deems necessary or appropriate, may request an advisory opinion
from the City Attorney.
The Common Council shall have administrative jurisdiction over
this Code of Ethics and shall be deemed the Ethics Committee for that
purpose.
A.
The Council may make recommendations with respect to amendments to
this Code of Ethics.
B.
Upon the sworn complaint of any person alleging facts which, if true,
would constitute improper conduct under the provisions of this chapter,
the Council 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 Council 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 Council shall make written findings of fact and issue
a written decision concerning the propriety of the conduct of the
subject official or employee and determine final disposition.
C.
In the event that a member of the Council is allegedly involved in
an Ethics Code violation, the Mayor, subject to the confirmation of
the Common Council, shall appoint temporarily a person to conduct
the investigation and hearing.
D.
In the event that 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 chapter may
constitute a cause for suspension, removal from office or employment,
or other disciplinary action. 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.
A.
The City Clerk-Treasurer shall cause a copy of this Code of Ethics
to be distributed to every public official and employee of the City
of Marion within 30 days after enactment of this code. 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 Mayor, the City Alderpersons, and, through
the City Clerk-Treasurer, the head of each board, commission or committee
shall, between May 1 and May 31 of each year, review the provisions
of this code with his or her fellow Council, board, commission, or
committee members and advise the City Clerk-Treasurer by June 15 that
such annual review has been undertaken. A copy of this code shall
be continuously available to all of the above personnel.
