This chapter is entitled the "Town of Pacific Ethics Code Ordinance."
This chapter repeals and replaces any previously adopted Town ordinance
covering the subject matter of this chapter.
The following definitions shall be applicable in this chapter:
ANYTHING OF VALUE
Any money or property, favor, service, payment, advance,
forbearance, loan or promise of future payment, but does not include
compensation and expenses paid by the Town, fees and expenses which
are permitted and reported under § 19.56, Wis. Stats., political
contributions which are recorded under Ch. 11, Wis. Stats. Further,
it does not include hospitality extended for a purpose unrelated to
Town business by a person other than an organization or the exchange
of customary gifts among relatives or friends.
ASSOCIATED
When used with reference to an organization, includes any
organization in which an individual or a member of his immediate family
is a director, officer or trustee, or owns or controls, directly or
indirectly, severally or in the aggregate, at least 10% of the outstanding
equity, or of which an individual or member of his or her immediate
family is an authorized representative or agent.
BUSINESS
Any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual or
any other legal entity which engages in profit-making activities.
FINANCIAL INTEREST
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.
GIFT
The payment or receipt of anything of value without valuable
consideration.
IMMEDIATE FAMILY
A local public official's spouse, son, daughter, mother,
father, sister, brother, mother-in-law, father-in-law, stepmother,
stepfather, stepson, stepdaughter, stepsister, stepbrother, son-in-law
or daughter-in-law.
PUBLIC EMPLOYEE
Any person excluded from the definition of a public official
who is employed by the Town.
PUBLIC OFFICIAL
Those persons serving in statutory elected or appointed offices
provided for in Chapter 60 of the Wisconsin Statutes and all members
appointed to boards, committees and commissions established or appointed
by the Chairperson and/or Town Board, whether paid or unpaid.
There are certain provisions of the Wisconsin Statutes which
should, while not set forth herein, be considered an integral part
of any ethics code. Accordingly, the provisions of the following sections
of the Wisconsin Statutes, as from time to time amended, are made
a part of this Ethics Code and shall apply to public officials and
employees whenever applicable, to wit:
A. Section 946.10, Bribery of public officers and employees.
B. Section 946.11, Special privileges from public utilities.
C. Section 946.12, Misconduct in public office.
D. Section 946.13, Private interest in public contract prohibited.
Public officials and employees are agents of public purpose
and hold office to serve the public interest. 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
Town, 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. In applying the standards of conduct set forth
in this chapter, the Town Board also recognizes that:
A. In a representative democracy its leaders are drawn from the very
society that they serve; therefore, they cannot and should not be
expected to be without any personal or economic interest in the decisions
and policies of government;
B. Citizens who serve as local public officials retain their rights
as citizens to interests of a personal and economic nature;
C. The standards of ethical conduct for local public officials need
to distinguish between minor and inconsequential conflicts that are
avoidable in a free society and those conflictions which are substantial
and material; and
D. Local public officials may need to engage in employment, professional
or business activities other than official public duties in order
to support themselves or their families and to maintain a continuity
of professional business activity or may need to maintain investments;
however, such activities or investments must not conflict with the
specific provisions of this Ethics Code.
Any questions as to the interpretation of any provisions of
this Ethics Code Chapter shall be referred to the Town Attorney. Such
requests shall be as detailed as possible and shall be made in writing.
Advisory requests and opinions shall be kept confidential, except
when disclosure is authorized by the requestor, in which case the
request and opinion may be made public.