As used in this chapter, the following terms shall have the
meanings indicated:
AGENT
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.
FINANCIAL INTEREST
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.
IMMEDIATE FAMILY
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.
OFFICIAL
Any elected or appointed office holder of the Village. These
include, but are not limited to, Village President, Trustees, Clerk-Treasurer,
and Assessor.
PERSON
Any natural person, corporation, partnership or joint venture.
RELATIVE
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.
[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.
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.