[HISTORY: Adopted by the Village Board of the Village of
Hobart as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 1.14 of the 2000 Code]
A.
The Board recognizes that proper operation of democratic government
requires that public officials and government employees be open and
responsible to the people, and further recognize that citizens of
the Village are entitled to the largest degree of information regarding
the affairs of the Village, all as set forth in Subchapter V of Chapter
19 of the Wisconsin Statues. At the same time, however, the Board
recognizes that § 19.85 of the Wisconsin Statutes recognizes
the utility and importance of closed session meetings of governmental
bodies in certain circumstances. In recognition of these two competing
interests, there is established this nondisclosure of confidential
information for all Village officials and employees, whether elected
or appointed, paid or unpaid, including members of boards, committees,
and commissions of the Village.
B.
The purpose of this nondisclosure of confidential information is
to establish guidelines of conduct for all Village officials and employees
by directing nondisclosure by such officials and employees of information
declared confidential in matters affecting the Village. The provisions
and purpose of this nondisclosure of confidential information, and
such rules and regulations as may be established hereunder, are hereby
declared to be in the best interests of the Village.
For purposes of this article, the following terms have the meaning
indicated:
Information in which the Village's interests in its
confidentiality or in the Village's effective functioning outweigh
interests in free speech to disclose such information at the time
of a proposed disclosure. "Confidential information" includes but
is not limited to information where the disclosure is prohibited by
common law, or state or federal law or statute, unless the release
of such information is ordered pursuant to a lawful order of a court
or the informed consent of the subject, as applicable; and information
that is imparted during a closed session meeting of a government body
occurring pursuant to § 19.85, Wisconsin Statutes, unless
release is authorized by the legal custodian or other proper legal
authorization is given. For purposes of this definition, "information"
shall include knowledge imparted orally, digitally, recordings, and
written documents or records.
No Village official or employee may use or publicly disclose
confidential information concerning the property, government, or affairs
of the Village gained in the course of or by reason of his official
position or activities, nor shall such official or employee use such
information to advance the financial or other private interest of
such official or employee or others. Allegations of unauthorized disclosures
of confidential information shall be investigated by the Ethics Committee,
and the findings of such investigation shall be forwarded to the Board
for further action.
Whenever the Assessor, in the performance of the Assessor's
duties, requests or obtains income and expense information pursuant
to § 70.47(7)(af), Wis. Stats., or any successor statute
thereto, then such income and expense information that is provided
to the Assessor shall be held by the Assessor on a confidential basis,
except, however, that the information may be revealed to and used
by persons in the discharge of duties imposed by law; in the discharge
of duties imposed by office (including but not limited to use by the
Assessor in performance of official duties of the Assessor's office
and use by the Board of Review in performance of its official duties);
or pursuant to order of a court. Income and expense information provided
to the Assessor under § 70.47(7)(af), unless a court determines
that it is inaccurate, is, per § 70.47(7)(af), not subject
to the right of inspection and copying under § 19.35(1),
Wis. Stats.
