Adams County (hereinafter "Adams County" or "County") enacts
this ethics ordinance pursuant to the authority of § 19.59(1m),
Wis. Stats.
The purpose of this chapter is to establish ethical standards
of conduct for all Adams County officials and employees by identifying
those actions that are not compatible with the best interests of the
County. The County Board believes that a code of ethics for the guidance
of County officials and employees in serving the County will help
officials and employees avoid conflicts between personal interests
and public responsibilities, will improve standards of public service
and will promote and strengthen the faith and confidence of the people
of Adams County in their officials and employees. To this end, the
policy of the County is that:
A. Officials and employees are independent, impartial and responsible
to the people;
B. Government decisions and policy are promulgated in the best interest
of the people, community and government;
C. County office or employment should not be used for personal gain
or political advantage; and
D. County business is conducted so as to protect to the fullest extent
possible the rights of individuals affected (§ 19.41(2),
Wis. Stats.), and to reinforce the public's confidence in the
integrity of County government.
As used in this chapter, the following terms shall have the
meanings indicated:
ANYTHING OF SIGNIFICANT VALUE
(§ 19.59, Wis. Stats.) Includes any money, property,
favor, service, payment, advance, forbearance, loan or promise of
future employment. "Anything of significant value" does not include
door prizes, compensation and expenses paid by the County, fees and
expenses which are permitted by Wisconsin Statutes, political contributions
which are reported under Chapter 11, Wis. Stats., or hospitality extended
for a purpose unrelated to County business by a person other than
an organization.
ANYTHING OF INSIGNIFICANT VALUE
Includes unsolicited advertising or promotional materials
such as pens, pencils, notepads, calendars, informational or educational
materials of insignificant value, (an item from a vendor that costs
less than $25 on a one-time basis, but not more than $50 worth of
items in a calendar year from a vendor), plaques, other advertising
giveaways or any other thing which is not likely to influence the
judgment of individuals covered by this chapter.
ASSOCIATED
(§ 19.42(2), Wis. Stats.) When used in reference
to an organization, includes any organization in which an individual
or a member of his/her immediate family is a director, officer, or
trustee, or who has a significant fiduciary relationship (§ 19.59(1)(g)(8),
Wis. Stats.) or an individual who owns or controls, directly or indirectly,
and severally or in the aggregate, at least 10% of the outstanding
equity.
CONFIDENTIAL INFORMATION
Written material or oral information related to County government
that is not otherwise subject to the Open Records Law and that is designated by statute, court decision, lawful
order, ordinances, resolutions or custom as confidential.
CONTRACT
All agreements executed between the County or a subunit thereof
and another party or parties, for the provision of goods, materials,
supplies, construction or services in exchange for valuable and sufficient
consideration.
EMPLOYEE
(§ 19.31(1bg), Wis. Stats.) Any person employed
by the County as defined in the Adams County Employment Policy and
Adams County Employee Handbook, and who are not otherwise included
in the definition of "official."
FINANCIAL OR ECONOMIC INTEREST
(§ 19.44, Wis. Stats.) Any interest which yields,
directly or indirectly, a monetary or other material benefit to the
official or employee, or to any person employing or retaining services
of the official or employee. It does not include a monetary or material
benefit which benefits all citizens in the same manner.
IMMEDIMATE FAMILY
(§ 19.59(2), Wis. Stats.) An official's or
employee's spouse, children, stepchildren, parents, grandparents
and stepparents; or other legal relation who contributes more than
1/2 of the support to the official or employee, or receives that level
of support from the official or employee, or lives in the official's
or employee's residence.
OFFICIAL
(§ 19.32(1bd), Wis. Stats.) Includes all County
elected officials and appointed members of policymaking boards, boards
and commissions.
ORGANIZATION
(§ 19.44(1)(b), Wis. Stats.) Any stock or nonstock
corporation, partnership, proprietorship, firm, enterprise, franchise,
incorporated or unincorporated association, trust or other legal entity
other than an individual or body politic.
PERSONAL INTEREST
Any interest arising from blood or marriage relationships
or from close business or political associations, whether or not any
financial interest is involved.
SIGNIFICANT FIDUCIARY RELATIONSHIP
(§ 19.44(1)(b), Wis. Stats.) Owning or controlling,
directly or indirectly:
A.
At least 10% of the securities, outstanding stock or stock of
any business corporation having a cost or market value of at least
$5,000; or
B.
An interest of at least 10% or $5,000 of any organization.
Officials and employees hold their positions for the benefit
of the public, whose interest must be of primary concern. Officials
and employees are bound to uphold and to carry out efficiently and
impartially all laws of the United States and the State of Wisconsin,
as well as all ordinances, resolutions and policies of Adams County.
They are further bound to observe in their official acts the highest
standards of morality and to discharge faithfully the duties of their
office regardless of personal considerations.
Pursuant to § 19.21 to 19.39, Wis. Stats., each and
every official is the legal custodian of and shall safely keep and
preserve all property and things received from the official's
predecessor or other persons and required by law to be filed, deposited,
or kept in the official's office, or which are in the lawful
possession or control of the official or the official's deputies.
All persons are entitled to the greatest possible information regarding
the affairs of government and the official acts of those officials
and employees who represent them.
Officials and employees may engage in political activity, provided
that such activity does not interfere with the performance of their
duties and does not involve the use of County equipment or property.
Officials and employees are specifically prohibited from directly
or indirectly coercing any person to withhold or contribute monetary
or other types of assistance to any political candidate, party or
purpose.
The Adams County Ethics Board is authorized to administer and
enforce this chapter pursuant to § 19.59(3)(d), Wis. Stats.
A. Membership. The membership of the Ethics Board shall consist of two
employees, two junior board members, and one citizen, all of whom
will be appointed by the County Board Chair.
B. Powers and duties. The Ethics Board shall be responsible for investigating complaints and conducting fact-finding hearings pursuant to §
34-11 below.
C. Assistance of counsel. The Corporation Counsel shall furnish the
Ethics Board whatever legal assistance is necessary to carry out its
functions. The Corporation Counsel may retain outside counsel to provide
this assistance as necessary.
Pursuant to any investigation or hearing conducted under this
chapter, the Ethics Board has the authority to:
A. Require any person to submit in writing such reports and answers
to questions relevant to the proceedings conducted under this article
as it may prescribe, such submission to be made within such period
and under oath or otherwise as it may determine.
B. Administer oaths and to require by subpoena issued by it pursuant
to § 885.01, Wis. Stats., the attendance and testimony of
witnesses and the production of any documentary evidence relating
to the investigation or hearing being conducted.
C. Order testimony to be taken by deposition before any individual who is designated by it and has the power to administer oaths, and, in such instances, to compel testimony and the production of evidence in the same manner as authorized by Subsection
B above.
D. Pay witnesses the same fees and mileage as are paid in like circumstances
by the courts in Wisconsin.
E. Request and obtain from the Department of Revenue copies of state
income tax returns and access to other appropriate information under
§ 71.78(4), Wis. Stats., regarding all persons who are the
subject of such investigation.
F. Retain outside counsel and other experts as needed in connection
with any of the Ethics Board's responsibilities hereunder after
solicitation of recommendations from the office of Corporation Counsel
and upon such contract for services approved for content and form
by the Corporation Counsel.
If, after investigation and hearing, the Ethics Board determines
by clear, convincing and satisfactory evidence that a violation of
this chapter has occurred, the Ethics Board must take one or more
of the following actions:
A. Supervisors. If the person found to have violated this chapter is
an elected member of the Board of Supervisors, the Ethics Board may
refer the matter and recommendations to the Board of Supervisors for
whatever action the Board of Supervisors deems appropriate under law.
B. Other elected officials. If the person found to have violated this
chapter is an elected county official other than a member of the Board
of Supervisors, the matter may be referred to the official or body
with the authority to remove the official from office as provided
under the Adams County ordinances or Wisconsin Statutes. If none is
designated in the Adams County ordinances or Wisconsin Statutes, the
matter shall be referred to the Board of Supervisors.
C. Appointed officials. If the person found to have violated this chapter
is an appointed County official, the matter may be referred to the
official or body with the authority to remove the official from office
as provided under the Adams County ordinances or Wisconsin Statutes.
If none is designated by the Adams County ordinances or Wisconsin
Statutes, then the matter shall be referred to the official or body
who appointed the official to office.
D. Employees. If the person found to have violated this chapter is an
employee, the Ethics Board may refer the matter to the employee's
appointing/hiring authority. Employees are subject to Adams County
Discipline Policy Document No. 5.
E. Return/restitution. An order for the specified return of County property
or funds or gifts and/or restitution for the value of the gifts, property
and funds procured, obtained or retained as a result of a violation
of this chapter. An order for return/restitution shall include a deadline
for return or making restitution.
F. Modify behavior. An order requiring the accused to conform his/her
conduct to this chapter.
G. Fine. An order requiring an individual who has been determined by
the Ethics Board to have violated this chapter to forfeit an amount
not less than $100 nor more than $1,000 for each offense along with
a payment deadline.
H. Corporation Counsel action. The Corporation Counsel, when requested
by the Ethics Board, shall issue an advisory opinion pursuant to § 19.59(5),
Wis. Stats. When requested by the Ethics Board, the Corporation Counsel
may institute a civil proceeding to recover any forfeiture, restitution
or enforce any declaratory order under this chapter which has not
been timely complied with by the subject of the order. Any forfeiture
or other funds recovered under this section shall be remitted to the
Adams County Treasurer. Any property ordered to be returned shall
be returned to the County department or entity from which the property
was taken, or to any other person or entity providing a gift.
I. Referral to the District Attorney. (§ 19.59(8), Wis. Stats.)
Referral to the District Attorney to commence enforcement, including
costs of prosecution, interest and penalties as permitted by Wisconsin
Statutes.
J. Other penalties. The enumerated penalties and sanctions in this section
shall not be construed to limit the authority of the Ethics Board
(§ 19.59(4), Wis. Stats.) or the County from imposing any
additional penalties or sanctions. Any person found by the Ethics
Board to have violated any portion of this chapter shall be subject
to private reprimand, public reprimand, denial of salary or merit
increase, suspension without pay, removal from employment or office
in accordance with the provisions of Wisconsin Statutes or other disciplinary
actions pursuant to the recommendations of the Ethics Board and/or
judgment of the official or body to whom the decision of the Ethics
Board is referred under this section. Any action taken by an official
or employee that is deemed in violation of this section may be deemed
void by Adams County.
K. Miscellaneous.
(1) Any other recommendations or orders as may be necessary and appropriate
to carry out the intent and purpose of this ethics chapter.
(2) No recommendation or order of the Ethics Board shall become effective
until 20 days after it is issued.
(3) References to statutes and ordinances cited herein shall include
any and all future renumbering thereof.
The affected official or employee shall have a right to appeal
to the County Board after a written decision is entered, or by grievance
in the collective bargaining agreement, if applicable. Such appeal
must be made in writing within 15 days of the decision of the Ethics
Board. The filing of an appeal shall stay any recommendations and/orders
issued by the Ethics Board hereunder. The County Board shall affirm
the factual and legal findings of the Ethics Board unless such factual
and legal findings are clearly erroneous.