[HISTORY: Adopted by the Village Board of the Village of
Coloma 6-30-1994 as Title 2, Ch.
7, of the 1994 Code. Amendments noted where applicable.]
A.
The proper operations of democratic government require that public
officials and employees be independent, impartial and responsible
to the people. The purpose of this chapter is to establish ethical
standards of conduct for all such officials and to direct disclosure
by such officials of private financial or other interests in matters
affecting the Village.
B.
The municipal officials and employees of the Village, whether elected
or appointed, are "public officials and employees" within the meaning
and intent of this chapter.
A.
Public officials and employees are bound to observe in their official
acts the highest standards of morality and ethics and to discharge
faithfully the duties of their office regardless of personal considerations,
recognizing that the public interest must be their primary concern.
Their conduct in their official affairs shall be above reproach.
B.
Public officials are bound to uphold the Constitution of the United
States and the Constitution of the State and to carry out impartially
the law of the nation, state and municipality.
Public officials and employees shall not exceed their authority
or breach law or ask others to do so, and they shall work in full
cooperation with other public officials and employees unless prohibited
from doing so by law or by officially recognized confidentiality of
their work.
A.
Use of public property. No public official or employee shall request,
use or permit the use of Village-owned vehicles, equipment, materials
or property for personal convenience or profit, except when such services
are available to the public generally or are provided municipal policy
for the use of such official or employee in the conduct of official
business.
B.
Obligation of citizen. No public official or employee shall grant
any special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen.
No Trustee, or other public official or employee, whether paid
or unpaid, shall engage in any business or transaction or shall have
a financial or other personal interest, direct or indirect, which
is incompatible with the proper discharge or his/her official duties
in the public judgment or will tend to impair his/her independence
or judgment or action in the performance of his/her official duties.
"Personal" as distinguished from "financial" interest includes an
interest arising from blood or marriage relationships or close business
or political association.
Specific conflicts of interest are enumerated below for the
guidance of officials. The following list is illustrative merely and
not exclusive:
A.
Incompatible employment. No Trustee or other public official or employee
shall engage in or accept private employment or render services for
private interests when such employment or service is incompatible
with the proper discharge of his/her official duties or tends to impair
his/her independence of judgment or action in the performance of his/her
official duties. In the event a Trustee, official or employee possesses
a financial or personal interest in any business or transaction, any
presumption of conflict of interest with his/her public duties shall
be removed by his/her disclosure of the nature and extent of such
investment to the Village Board for the records of that authority.
B.
Disclosure of confidential information. No Trustee, other public
official or employee, shall, without proper legal authorization, disclose
confidential information concerning the property, government or affairs
of the Village, nor shall he/she use such information to advance the
financial or other private interest of himself/herself or others.
C.
Gifts and favors. No Trustee or other public official or employee
shall accept anything of value, as defined in § 19.42, Wis.
Stats., whether in the form of service, loan, thing or promise, from
any person who to his/her knowledge is interested directly or indirectly
in any manner whatsoever in business dealings with the Village; nor
shall any such official or employee accept any gift, favor or thing
of value that may tend to influence him/her in the discharge of his/her
duties, or grant in the discharge of his/her duties any improper favor,
service or thing of value. Any Trustee or other public official or
employee who accepts any gift, favor or thing of value shall, in the
case of a Trustee, disclose the matter in the minutes of the next
Board meeting, and in the case of other officials or employees, report
the matter to the Board for disclosure in the minutes of the next
meeting.[1]
D.
Representing private interests before Village agencies or courts.
No Trustee or other public official or employee whose salary is paid
by the Village shall appear in behalf of private interests before
any agency of the Village. He/she shall not represent private interests
in any action or proceedings against the interest of the Village in
any litigation to which the Village is a party.
E.
Contracts with the Village. Any Trustee or other public official
or employee who has substantial financial interest in any business
entity, entering into or proposing to enter into any transaction or
contract with the Village for the sale of real estate, material supplies
or services to the Village shall disclose such interest to the Village
Board to be reported in the minutes of the appropriate Board meeting.
And in the case of a Trustee, he/she shall refrain from voting upon
or otherwise participating (except in the performance of ministerial
act) in the transaction or making of such contract or sale.
F.
Disclosures of interest in legislation:
(1)
A Trustee who has a financial or other private interest in any legislation
shall disclose on the records of the Board the nature and extent of
such interest. This provision shall not apply if the Trustee disqualifies
himself/herself from voting.
(2)
Any other public official or employee who has a financial or other
private interest, and who participates in discussion with or gives
an official opinion to the Board shall disclose on the record of the
Board the nature and extent of such interest.
Violation of any provision of this section should raise conscientious
questions for the Trustees or any other official or employee concerned
as to whether voluntary resignation or other action is indicated to
promote the best interest of the Village. Violation may constitute
a cause for suspension, removal from office or employment, or other
disciplinary action, if the violation is substantial.
