[HISTORY: Adopted by the Common Council of the City of Hayward 3-8-1993 by Ord. No.
296. 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 Hayward officials
and employees, whether elected or appointed, paid or unpaid, including
members of boards, committees, and commissions and employees 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 Hayward and by directing disclosure by such officials and
employees of private financial and 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 Hayward.
A.
There are certain provisions of the Wisconsin Statutes which should,
while not set forth herein, be considered an integral part of this
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 the
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 public officials and employees of the City of Hayward 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 public 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 public 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 public 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
PUBLIC INTEREST
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any interest which shall yield, directly or indirectly, a
monetary or other material benefit to the public or employee or to
any person employing or retaining the services of the public officer
or employee.
Any person, corporation, partnership, or joint venture.
Any interest, arising from blood or marriage relationships
or from close business or political associations, whether or not any
financial interest is involved.
C.
Specific conflict 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 public 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
interests of the public official or employee or others.
(3)
Gifts and favors.
(a)
No public official or employee shall accept any gift, whether
in the form of service, loan, thing or promise, from any 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 or her duties any improper favor, service
or thing of value. Any public official or employee 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 public official or employee to be interested directly or indirectly
in any manner whatsoever in business dealings with the City upon which
the public official or employee has any influence or input or over
which the public official or employee has any jurisdiction, discretion
or control, shall disclose the nature and value of such gifts to the
Ethics Committee by January 20 next following the year in which the
gift or gifts are received.
(b)
No public 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 public
official's or employee's official actions or judgments or be considered
a reward for any action or inaction on the part of the public official
or employee.
(c)
A public 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. Participating 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 Ethics Committee within 10 days of receipt
for the recommended disposition.
(4)
Representing private interests before City agencies or courts. No
public official or employee shall appear on behalf of any private
person (other than him or herself, his or her spouse, or minor children)
before any City agency or municipal court. However, members of the
City 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 public 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 public
official, employee or agent, any member of their immediate family,
their 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. No public 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 part, shall enter into
any contract with the City unless, within the confines of § 946.13,
Wis. Stats.:
(1)
The contract is awarded through a process of public notice and competitive
bidding; or
(2)
The City Council waives the requirement of this section after determining
that it is in the best interest of the City to do so.
(3)
The provisions of this section shall not apply to the designation
of a public depository of public funds.
F.
Disclosure of interest in legislation. Any member of the City Council
who has a financial interest or personal interest in any proposed
legislation before the City Council shall disclose on the records
of the City Council, or the Ethics Committee created by this chapter,
the nature and extent of such interest.
G.
Any other public official or employee who has a financial interest
or personal interest in any proposed legislative action of the City
Council or any board, commission or committee upon which the public
official or employee has any influence or input or of which the public
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 City Council or the appropriate
board, committee or commission 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 Personnel Committee and/or
City Council, which, if it deems it necessary or appropriate, may
request an advisory opinion from the City Attorney.
The 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 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 Ethics 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 Ethics
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 Ethics 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 City Council for final disposition.
C.
In the event a member of the Personnel Committee is allegedly involved
in an Ethics Code violation, the City's Mayor, subject to the confirmation
of the City Council, shall appoint another Alderman 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 Ethics Code.
A determination that a public 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 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 Hayward within 30 days after enactment of this code. Each public
official elected and employee hired shall be furnished a copy before
entering upon his or her duties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Each public official, the City's Mayor, the Chairman of each board,
commission or committee and, through the City Clerk/Treasurer, the
head of each department, shall between May 1 and May 31 of each year,
review the provisions of this code with his or her fellow Council,
board, commission, committee members or subordinates, as the case
may be, and certify to the City Clerk/Treasurer by June 15 that such
annual review has been undertaken. A copy of this code 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.
