[HISTORY: Adopted by the Bellevue Board 9-29-1993 (§ 1.09
of the 1998 Code). Amendments noted where applicable.]
A.
High moral and ethical standards are essential to the operation of
free government. A Code of Ethics is established for all Village officials,
whether elected or appointed, paid or unpaid, all Village employees
and agents of the Village, all members of Village boards and committees
and persons furnishing contracted services to the Village and its
boards and committees. This code establishes guidelines for ethical
standards of conduct for all such officials, employees, agents, committee
and board members and persons furnishing contracted services. It directs
disclosure by officials, board and committee members, employees, agents
and candidates for Village office of private financial or other interests
in matters affecting the Village.
B.
This Code of Ethics does not prohibit Village officials from having
other employment and financial interests. Village officials, however,
need to distinguish between inconsequential conflicts which are unavoidable
and those conflicts which are substantial. The purpose of this code
is to help Village officials in avoiding serious conflicts of interest
and promote confidence in our local government.
A.
Elected and appointed officials, committee and board members and
employees of the Village should work for the benefit of the public
and are bound to uphold the Constitution of the United States and
the Constitution of the state and to carry out independently and impartially
the laws of the nation, state and Village; observe in their official
acts the highest standards of morality; and to discharge faithfully
the duties of their office/position regardless of personal consideration,
recognizing that public interests must be their prime concern. The
conduct of Village officials, board and committee members, employees,
agents and those furnishing contracted services to the Village should
foster respect for government.
B.
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.
C.
The provisions of the following sections of the Wisconsin Statutes
are made a part of this chapter and shall apply to elected and appointed
officials whenever applicable, namely:
§§ 19.81 to 19.98
|
Open meetings of government bodies
| |
§ 946.10
|
Bribery of public officers and employees
| |
§ 946.11
|
Special privileges from public utilities
| |
§ 946.12
|
Misconduct in public office
| |
§ 946.13
|
Private interest in public contract prohibited
|
A.
A Village official, board or committee member or employee should
not use his position or office to obtain financial gain or anything
of substantial value for his own personal benefit other than the salary
and benefits which he is due. These individuals should avoid promoting
the special interests of any persons or groups other than the best
interests of the Village.
B.
A Village official, board or committee member, employee, agent or
person furnishing contracted services should not exceed his authority
and should work in full cooperation with public officials, board and
committee members and Village employees. Employees, agents and those
furnishing contracted services should adhere to the rules of work
and performance established as the standard for their positions by
the appropriate authority.
As used in this chapter, the following terms shall have the
meanings indicated:
Any representative, including only those Village employees
specifically designated by the Village Board, whose function is to
bring about, modify, affect, accept performance of or terminate contractual
obligations between the Village and third persons. All other nondesignated
full- or part-time Village employees are specifically excluded from
this definition.
Any interest which shall yield directly a monetary or other
material benefit to the official, employee or agent or to any person
employing or retaining the services of the official, employee or agent.
The official's or employee's spouse and any relative by marriage,
lineal descent or adoption who receives, directly or indirectly, more
than 1/2 of his support from the official or employee.
Any violations of this chapter.
Any elected or appointed office holder of the Village. These
include, but are not limited to, Village President, Trustees, Clerk-Treasurer,
and Assessor.
Any natural person, corporation, partnership or joint venture.
A person related by blood as a first cousin or closer in
kinship; a person related by blood to one's spouse as a first cousin
or closer in kinship; or a person who through adoption is related
to one's self or one's spouse as a first cousin or closer in kinship.
A.
Use of public property. No official, employee or agent shall request
or permit the use of motor vehicles, equipment, materials or property
of the Village for personal convenience or profit.
B.
Obligation to citizens. No official, employee or agent shall grant
any special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen.
[Amended 7-9-2014 by Ord. No. O-2014-12; 1-22-2020 by Ord. No. O-2020-01
A.
Financial or personal interests prohibited. No official, employee
or agent, 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 would tend to impair independence of
judgment or action in the performance of official duties.
B.
Specific conflicts enumerated.
(1)
Incompatible employment. No official, employee, or agent 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 such official's, employee's
or agent's independence of judgment or action in the performance
of official duties, unless otherwise permitted by law and unless disclosure
is made as herein provided.
(2)
Disclosure of confidential information. No official, employee, board
or committee member, or agent shall, without proper legal authorization,
disclose confidential information concerning the property, government
or affairs of the Village, nor shall such official, employee or agent
use such information to advance the financial or other private interest
of such official, employee, or agent, or others.
(3)
Gifts and favors.
(a)
No elected or appointed official, employee, or agent shall accept
anything of value, whether in the form of gift, service, loan, thing
or promise, from any person which may tend to impair independence
of judgment or action in the performance of duties. No elected or
appointed official or agent shall grant in the discharge of duties
any improper favor, service or thing of value. Any elected or appointed
official or agent who receives, directly or indirectly, any gift or
gifts having a value of more than $10 from any person who is known
by such official to be interested directly or indirectly in any manner
whatsoever in business dealings with the Village upon which the official
or agent has any influence or input or over which the official or
agent has any jurisdiction, discretion or control shall disclose the
nature and value of such gifts to the Ethics Board by the next January
20 following the year in which the gift or gifts are received. A gift
or favor made or granted to a member of an official's or agent's
immediate family shall be deemed made or granted to the official.
(b)
No elected or appointed official, employee, or agent 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 official's actions or judgments or be considered a reward
for any action or inaction on the part of the official. Campaign contributions
are an exception and should be carefully documented and handled in
accordance with the provisions of the Wisconsin Statutes.
(c)
An elected or appointed official, employee, or agent 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 Village official. 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 elected or appointed official, employee,
or agent under unusual circumstances should be referred to the Ethics
Board within 10 days of receipt for recommended disposition.
(4)
Contracts with the Village. No official, employee, or agent of the
Village who, in the capacity as such official, employee or agent,
participates in the making of a contract in which such official, employee
or agent has a private pecuniary interest, direct or indirect, or
performs in regard to that contract some function requiring the exercise
of discretion on the part of such official, employee or agent shall
enter into any contract with the Village, unless pursuant to § 946.13,
Wis. Stats., the contract is awarded through a process of public notice
and competitive bidding. Employment contracts with the Village are
excepted from this provision.
(5)
Representing private interests before the Village. No official or
employee shall appear on behalf of any private person, other than
self, spouse, or minor children, before any Village agency or municipal
court. However, a member of the Village Board may appear before Village
agencies on behalf of the member's constituents in the course
of duties as a representative of the electorate or in the performance
of public or civic obligations.
(6)
Employment of relatives. No official, employee, or agent, except
as designated by the Village Board, shall participate in a discussion
or proceeding which is held for the purpose of interviewing and/or
hiring a job applicant; setting the salary, duties and/or conditions
of employment of a job applicant or any employee; or firing any employee,
who is a relative of such official. No official shall head a department
which employs a relative. No employee shall work in a department which
is headed by a relative.
(7)
Official not to be full-time employee. No elective or appointive
official shall be a full-time employee of the Village.
To the extent known, all elected and appointed officials of
the Village, members of its boards and committees or employees of
the Village who have a financial interest in any proposed action shall
disclose on the records of the Village promptly the nature and extent
of such interest. To the extent known, all persons furnishing contracted
services to the Village, its boards or committees who have a financial
interest in any proposed action shall, to the extent the proposed
action relates to the contracted services provided or to be provided,
disclose on the records of the Village promptly the nature and extent
of such interest. Any other official, employee or agent who has a
financial interest in any proposed action and who participates in
discussion with or gives an official opinion or recommendation to
the Village Board or any board or committee shall disclose on the
records of the Village promptly the nature and extent of such interest.
A.
Initial statement of economic interest. In addition to the financial and personal disclosures required by § 40-7, all elected and appointed officials of the Village and such other officials, agents and employees of the Village as shall from time to time be designated by the Ethics Board and confirmed by the Village Board shall file with the Clerk-Treasurer a statement of financial and/or personal interests within a time period specified by the Ethics Board. Individual members of boards and committees, including members of the Ethics Board, may be required to file a statement of financial and/or personal interest within a time period specified by the Ethics Board if the Ethics Board determines that it is necessary in the evaluation of a formal written complaint charging any member of a board, committee or commission with a conflict of interest.
B.
Time limit for filing initial statement. Within 10 days after a person
becomes a candidate for any elective Village office or prior to appointment
to such office, such person shall file a statement of financial and/or
personal interests with the Village Clerk-Treasurer, unless he has
previously filed a statement within the same calendar year. In this
case, he may file an updated version.
C.
Updating of initial statement. Initial statements shall be updated
annually and filed with the Village Clerk-Treasurer by May 15. The
Clerk-Treasurer shall provide the necessary forms to such officials
by May 1.
D.
Failure to comply with filing of disclosure statement. A person required to file a statement of interests under this section who has not complied with Subsection B or C of this section shall not receive any salary or compensation from the Village nor have his name appear on a ballot or take an oath of office until he has filed the proper statement. The Village Clerk-Treasurer is directed to strike from the ballot the name of any candidate who fails to comply with the provisions of Subsection B.
E.
Form of statement. A person filing any statement of financial and/or
personal interests under this policy shall file the statement on a
form prescribed by the Ethics Board to the Village Board, the form
to be as follows:
(1)
The name and address of the person, spouse and any person who receives
more than half of his support from the person filing and his spouse
and all names they use in business or any professional practice.
(2)
The name of all corporations and other business interests in which
the person, spouse or minor children hold any office or directorship
or own or control, directly or indirectly, 5% or more of the outstanding
stock or business ownership. The name and address of all those holding
records title or 5% or more of the interest in such corporation or
business.
(3)
The names of the employers of the person and spouse and a brief statement
of the nature of the employment.
(4)
A description of all parcels of real estate within the Village and
adjoining towns, excluding a personal residence, in which the person,
spouse or minor children own any interest, including an option or
purchase contract. The name and address of all those holding records
title or 5% or more of the interest in such real estate.
(5)
The name of all persons, excluding ancestors, immediate family and
lineal descendants, to whom the person filing, spouse or minor children
owe a debt of $10,000 or more, excluding debts on a personal residence
and property used primarily for personal recreation. The names of
all individuals (excluding ancestors, immediate family and lineal
descendants), businesses or corporations who are indebted $10,000
or more to the person filing.
(6)
Any license or permit issued by the Village to the person, spouse
or minor children. Burning, animal and bicycle permits may be excluded.
(7)
The name and address of all persons, firms and corporations who have
given gifts within the past 12 months if the collective value of the
gift is $500 or more if the giver is now engaged or has within the
last 12 months engaged in business dealings with the Village. Gifts
received from ancestors, immediate family and lineal descendants may
be excluded.
(8)
The name and address of all firms and corporations from whom the individual or his family has received earned income of $1,000 or more in the past 12 months other than from employment as listed in Subsection E(3) above if such entity has at any time within the last three years done, is now doing or is likely to do business or engage in any transactions with the Village.
Campaign contributions shall be reported by all candidates for
official and employee positions in the Village in strict conformity
with the provisions of the Wisconsin Statutes.
There is hereby created an Ethics Board for the Village.
A.
Structure and method of appointment. The Ethics Board shall consist
of five members, including one Trustee, excluding the Village President,
and two alternates. Upon prior request of the Village Board, the Village
Attorney shall furnish the Board whatever legal assistance is necessary
to carry out its functions.
B.
Membership. The members of the Ethics Board shall be appointed by
the Village President and confirmed by the Village Board. Terms of
office shall be three years, except that when initial appointments
are made, one shall be appointed for one year, two for two years and
two for three years. If any member of the Ethics Board petitions the
Board for an advisory opinion regarding his conduct, such member shall
be excluded from sitting in his own case.
C.
Leadership and procedures. The Ethics Board shall elect its own Chairperson
and Vice Chairperson and shall develop written rules of procedure
which shall be submitted to the Village Board for approval.
D.
Amendment to Code of Ethics. The Ethics Board may make recommendations
to the Village Board with respect to amendments to this chapter.
E.
Investigations.
(1)
Upon written sworn complaint of any person alleging facts which,
if true, would constitute improper conduct under the provisions of
this chapter, the Ethics Board shall conduct a public investigation.
(2)
The complaint shall be filed with the Village Clerk-Treasurer, except
that if the complaint is of improper conduct of the Clerk-Treasurer,
it shall be filed with the Village President. Upon the filing of a
written complaint, the Village Clerk-Treasurer shall promptly forward
to the Ethics Board a copy of the complaint and the personal/financial
disclosure statement of each person who is complained about.
(3)
Upon conclusion of the ethics investigation, the Ethics Board shall,
in written findings of fact and conclusions based thereon, offer an
opinion concerning the validity of the complaint. If reasonable grounds
exist which in the opinion of the Ethics Board lead the Board to believe
that improper conduct has occurred, the Ethics Board shall refer the
matter to the Village Board for further action, which may, but need
not, include recall proceedings, discharge or referral to appropriate
law enforcement agencies.
(4)
Once the investigation is completed, the Ethics Board may issue a
summary of the complaint and its opinion for the public record.
F.
Release of information. If the Ethics Board finds reasonable grounds
to believe that improper conduct by an elected official of the Village,
a member of a board or committee, an employee or agent or a person
furnishing contracted services to the Village, its boards or committees,
subject to this chapter or by a member of the Ethics Board and further
finds that there is a probable violation of the Wisconsin Statutes,
the Ethics Board shall authorize the release to the District Attorney
of any information, records, complaints, documents, reports and transcripts
in its possession, if such release is material to any matter being
investigated or prosecuted by the District Attorney. The person cited
by the findings of the Ethics Board may request the Ethics Board to
withhold any information, records, documents, reports and transcripts
that were placed before the Board on behalf of his defense. The Ethics
Board shall grant such a request.
G.
Report of improper conduct. The Ethics Board shall be required to
report a reasonable belief of improper conduct only when there has
been a vote of 4/5 of the members of the Ethics Board, except the
cause of its own member or in an abstention, when 3/4 shall be sufficient.
H.
Applicability of code. When an official, employee or agent has doubt
as to the applicability of a provision of this chapter, such official,
employee or agent should apply to the Ethics Board for an advisory
opinion. The official, employee or agent shall have the opportunity
to present his interpretation of the facts at issue and of the applicability
of the 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 Ethics
Board to be more appropriate or desirable.
The Village Clerk-Treasurer shall provide copies of this chapter
annually to elected and appointed officials, candidates for political
office and the designated employees of the Village who are required
to file disclosure statements annually and shall keep at least one
copy permanently on file for the use of the public. All employees
shall receive a copy when they are hired.
A.
Wisconsin has expressed its policy requiring open meetings of government
bodies. The law with regard to open meetings is embodied in Subchapter
V of Chapter 19 of the Wisconsin Statutes. The declaration of policy
is set forth in § 19.81, Wis. Stats. That declaration of
policy is: "In recognition of the fact that a representative government
of the American type is dependent upon an informed electorate, it
is declared to be the policy of this state that the public is entitled
to the fullest and most complete information regarding the affairs
of government as is compatible with the conduct of governmental business.
To implement and ensure the public policy above expressed, all meetings
of all state and local governmental bodies shall be publicly held
in places reasonably accessible to members of the public and shall
be open to all citizens at all times unless otherwise expressly provided
by law."
B.
Exceptions to the open meeting law. Any governmental body may convene
in closed session under certain exemptions which are set forth in
§ 19.85, Wis. Stats. The exemptions offer the governmental
body the opportunity to consider matters in closed session when the
public welfare requires secrecy. The exemptions set forth in § 19.85,
Wis. Stats., allow the governmental body and the members thereof to
avoid discussing such matters in open session when the public welfare
requires secrecy and an exemption apply.
C.
Duty.
(1)
To benefit from the right bestowed upon the members of the governmental
body by § 19.85, Wis. Stats., to convene in closed session,
that benefit should not be made valueless by members of the governmental
body prematurely disseminating closed session information to members
of the public prior to the reason for the closed session having been
extinguished. It is the responsibility of each Trustee to uphold the
right so given and to not publish the same until the purpose of the
closed session has been extinguished.
(2)
All Trustees have a duty to refrain from disseminating information
circulated during a closed session convened under on or more of the
exemptions provided in § 19.85, Wis. Stats., and properly
noticed. This duty is a continuing duty until the reason for the closed
session has been extinguished. A violation of this duty is considered
neglect of duty.
(3)
No Trustee shall directly or indirectly disseminate any information
discussed at a properly authorized, noticed, and convened closed session
in such a manner as to potentially alter or affect the deliberative
process until the reason for the closed session has been extinguished.
A.
Violation of any provision of this chapter may constitute a cause
for recall of an elected official of the Village or of a member of
a board or committee and consequent removal from office or, in the
case of an employee, agent or a person furnishing contracted services
to the Village, its boards or committees subject to this chapter,
may constitute cause for removal from office or employment or other
disciplinary action. All matters contained in this chapter are subject
to the Constitutions and laws of the United States and the state.