[HISTORY: Adopted by the Village Board of the Village of
Coloma 6-30-1994 as Title 2, Ch.
1, of the 1994 Code. Amendments noted where applicable.]
The Village of Coloma is a body corporate and politic with the
powers of a municipality at common law and governed by the provisions
of Chs. 61 and 66, Wis. Stats., laws amending those chapters, other
acts of the legislature and the Constitution of the State of Wisconsin.
The Village Board and all boards, commissions and standing and
special committees of the Village, referred to herein as "government
bodies" or "bodies," shall comply with the requirements of Ch. 19,
Wis. Stats., in particular the requirements of § 19.84,
Wis. Stats., relating to public notices of meetings.
All Village governmental bodies shall proceed as follows in
preparing, mailing and posting notices of meetings:
A.
Notice to members. Except where notice of the meeting has been given
at a previous meeting or in cases of extreme emergency, each member
of the governmental body shall be given notice of the proposed time,
date, place and agenda of the meeting not less than 24 hours prior
thereto by the presiding officer or his/her designee.
B.
Additions to agenda. Any member who desires to make additions to
the agenda shall submit the same in writing to the Clerk/Treasurer
at the opening of the meeting.
C.
Notice to public. The presiding officer or his/her designee shall
prepare the final agenda and give notice to the public and the media
of the time, date, place and subject matter of the meeting, as follows:
(1)
Notice shall be given to the official newspaper by telephone or by
mailing a copy of the agenda showing the time, date and place of meeting
not less than two days prior thereto.
(2)
Notice shall be given in the manner provided in Subsection C(1) to any news media which has filed a written request therefor.
(3)
Notice shall be given to the public by posting a copy of the agenda,
showing time, date and place of meeting, on the outside door of the
meeting place not less than 24 hours prior thereto.
(4)
A copy of the agenda and the meeting place shall be filed with the
Clerk/Treasurer at the same time the notice is posted on the outside
door of the meeting place.
D.
Other requirements. Compliance with the notice provisions of this
section does not relieve any governmental body of compliance with
other provisions of state law or Village ordinances relating to notice
to individuals or publication of notice of public hearings.
A.
Prohibition; exception. No secret ballot shall be utilized to determine
any decision of Village governmental bodies at any meeting, except
the selection of a presiding officer, secretary or other officer of
the body may be made by secret ballot.
B.
Members may require roll calls. Any member of the body may require
a roll call vote to be taken and recorded on any election or other
decision of the body, including the election of such officers of such
body.
Unless otherwise provided for by law, each governmental body
of the Village shall at its annual organizational meeting designate
one of its members as Secretary, who shall be responsible for recording
all motions and roll call votes of each open and closed meeting of
the body. The records of such Secretary, after approval by a majority
of the members of the governmental body and certification of such
approval by the presiding officer, shall be filed in the office of
the Clerk/Treasurer. Records of closed meetings shall be impounded
by the Secretary or Clerk/Treasurer, until the body by majority vote
authorizes their release and inclusion in the regular public record
file.
No elected or appointed member of any governmental body of the
Village of Coloma may be excluded from any meeting of such body or
any meeting of a subunit thereof.
A.
Applicability. This chapter shall be applicable for the below-noted Village of Coloma officers
and the below-noted Village employees along with the immediate family
members of those officers and employees who hold the offices and positions.
Also, it is applicable for those candidates for any elected office
noted below in the Village of Coloma along with their immediate family
members.
B.
Standard of ethical conduct. The below noted relate to standards
of ethical conduct for the above-noted Village officers and Village
employees.
(1)
Use of office for private gain. No persons in the Village of Coloma offices noted in § 71-7A nor any persons holding public positions in the Village noted in § 71-7A may use his or her public position or office to obtain financial gain or anything of substantial value for the private benefit of himself or herself or his or her immediate family or for an organization with which he or she is associated with. For purposes of this section, an "organization he or she is associated with" means, at minimum, an organization that the person has the following type of relationship: a corporation or limited liability company partnership or business enterprise owned by (greater than 40%) an office or position holder or his or her immediate family.
(2)
Disclosure of information. No persons in the Village of Coloma offices noted in § 71-7A may intentionally use or disclose information gained in the course of or by reason of his or her office or public position or activities in any way that could result in the receipt of anything of value for himself or herself, for his or her immediate family or for any other person, if the information has not been circulated to the public or is not public information.
(3)
Use of office for private gain. No persons in the Village of Coloma offices noted in § 71-7A nor any persons holding public positions in the Village of Coloma as noted in § 71-7A may use or attempt to use his or her Village office or his or her public position in the Village to influence or gain unlawful benefits, advantages or privileges for himself or herself or other persons.
(4)
Use of office to obtain public items. No Village of Coloma official
nor employee shall request, demand, use, or permit the use of any
Village-owned or supported property, vehicle, equipment, material,
labor or service for the personal convenience of the official or employee
or any other person for the private advantage of the official or employee
or for any other person. This prohibition on the official and employee
shall not be deemed to prohibit an official or employee from requesting,
demanding, using, or permitting the use of such Village-owned or Village-supported
property, vehicle, equipment, material, labor or service when it is
the general practice to make the same available to the general public
at large in the Village or when these items are provided to the official
or employee as a matter of Village employment policy for the use of
officials and employees in the conduct of official Village operations
and business.
C.
Conflict of interest actions. A Village of Coloma official or Village
of Coloma employee is deemed to have a material conflict of interest
in regards to a matter in which he or she is involved or is about
to be involved in the discharge of his or her official duties for
the Village of Coloma whenever:
(1)
The matter in question is one in which the Village of Coloma official
or Village of Coloma employee in his or her capacity or a member of
his or her immediate family or an organization with which he or she
is associated with has a substantial interest.
(2)
With such conflict of interest or possible conflict of interest,
the Village of Coloma officer or Village of Coloma employee shall:
(a)
Prepare a written statement describing the matter in detail
and the nature of the conflict of interest or possible conflict of
interest.
(b)
Deliver copies of the written statement to the Village Clerk/Treasurer.
If the Village Clerk/Treasurer is the Village officer with the conflict
of interest or possible conflict of interest, he or she shall file
the written statement with the Village President.[1]
(c)
If the Village officer is a member of the Village Board and
has filed the written statement with the Village Clerk/Treasurer,
this statement shall excuse the member from votes, deliberations,
attendance at meetings and other actions in regard to such matter.
(d)
If the Village officer or Village employee who is not a member
of the Village Board has filed the written statement, the officer
or employee's supervisor, if any, shall assign the matter to
another employee.
D.
Honorarium, fees, and expenses.
(1)
No persons in Village of Coloma offices noted in § 71-7A nor any persons holding a public position noted in § 71-7A shall fail to report to the Village Clerk/Treasurer by a statement of economic interest any amount that he or she receives for any participation in a meeting, for any lodging, transportation money or for anything of value, provided that the amount exceeds $50 in value excluding the value of food or beverage offered with any talk or meeting. The above-noted persons shall include in their report the identities of the person or persons that provided the amount exceeding $50 for the work, for the meeting, for the lodging, for the transportation and for anything of value along with the circumstances under which the amount was received and the appropriate amount received.
(2)
Notwithstanding the above-noted requirements, persons required to
report need not report reimbursement or payment received when:
(a)
The above-noted persons returned the amount to the providing
party within 30 days of receipt.
(b)
The above-noted persons required to report can show by clear
and convincing proof that while they received compensation, reimbursement
or payment from a source that normally would require reporting and
they received amounts that normally would require reporting, that
the amounts received were made to the above-noted person for a purpose
unrelated to their duties and their responsibilities as a Village
of Coloma officer or as a Village of Coloma employee and were not
received by the above-noted person for their meeting with clubs, conventions,
special interest groups, political groups, school groups and other
groups established or organized to discuss and to interpret legislative,
administrative, executive or judicial processes, proposals, and issues
initiated by or affecting the Village of Coloma.
