[Adopted by the City Council of the City of Lake Mills 8-3-2010 by Ord. No. 1064A (Title 1, Ch. 13, of the 2009 Code of Ordinances). Amendments noted
where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 153.
A.
The proper operation of democratic government requires that:
(1)
Public officials be independent, impartial and responsible to the
people;
(2)
Government decisions and policies be made within proper channels
of the governmental structure;
(3)
Public office not be used for personal gain;
(4)
The public have confidence in the integrity of its government; and
(5)
Guidance be provided to all City officials and employees on ethical
standards of conduct by stating those acts or omissions that would
be incompatible with the best interests of the City of Lake Mills
or that conflict with or are incompatible with the proper discharge
of duties and required independence of judgment.
Incumbents are agents of public purpose and hold their offices
or have their positions for the benefit of the public. As recipients
of this public trust, they are expected to conform their official
acts to those that are consistent with that trust. In so doing, they
should strive always to:
A.
Uphold the Constitution of the United States and the Wisconsin Constitution,
and carry out impartially the laws of the nation, state and city;
B.
Discharge faithfully the duties of their office or position, regardless
of personal considerations, recognizing that the public interest must
be their prime concern;
C.
Remain loyal to the objectives expressed by the electorate through
elected representatives, and to the programs developed to attain those
objectives;
D.
Exercise their authority in a manner consistent with the authority
lawfully entrusted to them, and without exceeding that authority or
breaching the law or asking others to do so;
E.
Work in cooperation with other City officials and employees, unless
prohibited from so doing by law or by officially recognized confidentiality
of their work.
As used in this chapter, the following terms shall have the
meanings indicated:
Discussing, advising, recommending, or making either mandatory
or discretionary decisions in the context of one's office or
position, or in the context of performing one's duties or exercising
one's powers. For purposes of this chapter, an omission is an
act.
Any money or property, favor, service, payment, advance,
forbearance, loan, or promise of future employment, but does not include
compensation and expenses paid by the City, political contributions
which are reported as required under Ch. 11, Wis. Stats., or hospitality
extended for a purpose unrelated to City business by a person other
than an organization.
When used with reference to an organization, includes any
organization in which an individual or a member of the individual's
immediate family is a director or officer or owns or controls, directly
or indirectly, and severally or in the aggregate, at least 5% of the
outstanding equity or indebtedness.
A business or cause in which a person or that person's
immediate family member has a concern, responsibility, share, right
or title in the ownership of property in a commercial or financial
undertaking which relates to the source, production, distribution
or use of the person's or immediate family member's income,
wealth or goods, including debts, or which affects or is apt to affect
the welfare or the material resources of the person or immediate family
member.
An individual's spouse, a relative by marriage, lineal
descent or adoption who receives, directly or indirectly, 1/2 or more
of his or her support from the individual or from whom the individual
receives, directly or indirectly, 1/2 or more of the individual's
support.
Any public or private, profit or nonprofit, religious, educational,
charitable or political organization or entity, but does not include
governmental bodies.
Any interest greater than nominal, which is either direct
or indirect, arising from blood, marriage, adoption or guardianship
or from close business or other associations, such as political, fraternal,
civic, quasi-governmental or religious organizations, for which the
incumbent serves as an officer or director.
A.
Use of office or position. No incumbent may use or attempt to use
his or her position or office to obtain financial gain or anything
of value or any advantage, privilege or treatment for the private
benefit of the incumbent or the incumbent's immediate family,
or for an organization with which the incumbent or the incumbent's
immediate family member is associated. This subsection does not prohibit
an incumbent from using the title or prestige of office to obtain
campaign contributions that are permitted and reported as required
by Ch. 11, Wis. Stats.
B.
Influence and reward. No person or entity may offer or give to an
incumbent or member of an incumbent's immediate family, directly
or indirectly, and no incumbent may solicit or accept from any person
or entity, directly or indirectly, anything of value if it could reasonably
be expected to influence the incumbent's vote, official actions
or judgment, or if it could reasonably be considered as a reward for
any official action or inaction on the incumbent's part.
C.
Limitations on actions. Except as otherwise provided in Subsection D, no incumbent may:
(1)
Take any official action affecting, directly or indirectly, a matter
in which the incumbent, or a member of the incumbent's immediate
family, or an organization with which the incumbent or a member of
the incumbent's immediate family is associated has a financial
or personal interest;
(2)
Use the incumbent's office or position in a way that produces
or assists in the production of a benefit, direct or indirect, for
the incumbent, a member of the incumbent's immediate family either
separately or together, or an organization with which the incumbent
or the incumbent's immediate family member is associated.
D.
Subsection C, above, does not prohibit an incumbent from taking any action concerning the lawful payment of salaries or employee benefits or reimbursement of actual and necessary expenses, or prohibit an incumbent from taking official action with respect to any proposal to create, modify, or repeal a City ordinance, resolution or motion benefiting or affecting the public and the incumbent in a like manner and degree.
E.
Privilege and advantage. No incumbent shall request or permit the
use of City-owned vehicles, equipment, materials, or property for
personal convenience or profit, or for that of another, except when
the same are available to the public generally or except as otherwise
authorized in employment policies or by the City Council. No incumbent
may grant any special consideration, treatment or advantage to any
citizen beyond that which is available to every other citizen.
F.
Outside employment. No incumbent may engage in or accept private
employment or render service for private interest, whether compensated
or uncompensated, when such employment or service is incompatible
with the proper discharge of his or her official duties or would reasonably
appear to impair his or her independence of judgment or action in
the performance of his or her official duties, unless otherwise permitted
to do so by law.
G.
Disclosure of information. No incumbent may intentionally use or
disclose information gained in the course of or by reason of the incumbent's
official position or activities in a manner that could result in the
receipt of anything of value for the incumbent, for a member of the
incumbent's immediate family, or for any other person or entity
if the information has not been communicated to the public or is not
a public record.
H.
Contracts or leases. No incumbent, member of an incumbent's
immediate family, nor any organization in which the incumbent or a
member of the incumbent's immediate family owns or controls at
least 5% of the outstanding equity or indebtedness or voting rights,
may enter into any contract or lease involving a payment or payments
of more than $3,000 within a twelve-month period, in whole or in part
derived from funds administered by the City, unless the incumbent
has first made written disclosure of the nature and extent of such
relationship or interest to the City Council and to the department
acting for the City in regard to such contract or lease.
(1)
Any contract or lease entered into in violation of this provision
may be voided by the City in an action commenced within three years
of the date on which the City Council, or the department or incumbent
acting for the City in regard to the allocation of funds from which
such payment is derived, knew or should have known that a violation
of this subsection had occurred.
(2)
Nothing in this provision affects the application of criminal penalties
under § 946.13, Wis. Stats., as it exists or as it may be
amended in the future, relating to an incumbent's activity concerning
a direct or indirect financial interest in a City contract.
I.
Receipt of anything of value. No incumbent may receive and retain
any transportation, meals, entertainment, fee, food, beverage, or
reimbursement therefore, nor any honoraria, service fee, gift, loan
or contract payment or anything of value except in accord with the
following:
(1)
During his or her service to or employment with the City, no incumbent
shall receive and retain anything of value unless the activity or
occasion for which it is given did not arise from the incumbent's
use of the City's time, facilities, equipment, services or supplies
not generally available to all residents of the City, or unless the
thing of value was given for purposes unrelated to the incumbent's
service or employment with the City and unrelated to any legislation,
policies, business or issues being or having been considered by or
affecting the City.
(2)
During his or her service to or employment with the City, no incumbent
shall receive and retain from the City or on behalf of the City any
transportation, lodging, meals, food or beverage, or reimbursement
therefore unless the same were incurred or received primarily for
the benefit of the City and not primarily for his or her private benefit
or that of any other person.
(3)
During his or her service to or employment with the City, no incumbent
shall receive and retain honoraria such as money or anything of value
other than commemorative or other items of nominal value for or in
recognition of activities related to or arising from their City roles
or positions. Such persons may accept and retain from persons or entities
other than the City the cost or reimbursement of actual and reasonable
expenses related to such activities, whether or not such activities
arise form their City roles or positions, except that elected officials
may not receive and retain any such payments from a lobbyist or from
a business or organization or local government that employs a lobbyist.
(4)
When incumbents perform or provide services for persons or entities
other than the City, and said services arise from the incumbents'
City employment, and the compensation and expenses related thereto
are paid for or reimbursed by the City, all monies received by the
incumbent from other persons or entities for those services shall
be paid promptly to the City Treasurer.
[Amended 12-18-2012 by Ord. No. 1103]
(5)
Elected officials may receive and retain from a political committee
under Ch. 11, Wis. Stats., transportation, lodging, meals, food or
beverages, or reimbursement thereof or payment or reimbursements of
costs permitted and reported in accordance with Ch. 11, Wis. Stats.
(6)
If an incumbent receives anything of value not authorized by this
section, the incumbent shall not retain it but shall within 10 days
of receipt thereof deposit the money or the equivalent cash value
of anything of value with the City Treasurer or return the payment
or thing to the payer or giver.
[Amended 12-18-2012 by Ord. No. 1103]
(7)
If the receipt of anything of value is permitted under this Subsection I, whenever an incumbent receives anything of value from, or has any fee or expense waived or reduced by, a person or entity other than the City in connection with the incumbent's official duties, the incumbent shall, within 10 days of the occurrence, file a written report of such receipt with the City Clerk.
[Amended 12-18-2012 by Ord. No. 1103]
J.
Fair and equal treatment.
(1)
No person shall receive preferential treatment in the selection process
or be appointed to or hired for or promoted in a City position nor
be denied appointment, employment or promotion solely because that
person is a member of an incumbent's family.
(2)
No incumbent shall use his or her position to bring about the appointment,
employment or promotion of a member of the incumbent's family.
(3)
No member of an incumbent's family may be hired, appointed or
promoted, except through a competitive application or evaluation process
that shall not include any participation or influence by any incumbent.
(4)
No incumbent shall participate in any final decision in any employment
matter involving an employee who is a member of the incumbent's
family. For purposes of this subsection only, "final decision" means
any supervision, evaluation of performance, training, establishment
of compensation or benefit level, approval of vacation or other leave
requests, approval of any temporary or permanent assignment or transfer
affecting the employee either directly or indirectly, recommendation
or approval of any level of funding directly or indirectly affecting
the employee's employment status, or any other similar decision.
(5)
For the purposes of this subsection only, "family" means the incumbent's
spouse, child by blood or adoption, spouse's child, sibling,
parent, parent-in-law, brother- or sister-in-law, uncle, aunt, niece,
nephew, or the spouse thereof, grandparent or grandparent-in-law,
or fiancé or fiancée.
K.
Logrolling prohibited; freedom of debate.
(1)
No member of the Council shall give, offer, or promise to give his
or her vote or influence in favor of or against any measure or proposition
pending or proposed to be introduced to the Council, in consideration
of or upon condition that any other person elected to the Council
will give or will promise or agree to give his or her vote or influence
in favor of or against any other measure or proposition pending or
proposed to be introduced to the Council or shall give, offer or promise
to give his or her vote or influence in favor of any change in any
other matter pending or proposed to be introduced to the Council.
(2)
Nothing in this subsection shall be construed as prohibiting free
discussion and deliberation upon any question pending before the Council
by members thereof, nor as prohibiting agreements by members to support
any single measure pending, on condition that certain changes are
made in such measure.
(3)
Whenever the word "Council" appears in this subsection, it is to
be construed to also include members of any board, committee, commission,
subcommittee or ad hoc committee.
L.
No incumbent or candidate for elective office may, directly or by
means of an agent, give or offer or promise to give, or withhold,
or offer or promise to withhold, his or her vote or influence, or
promise to take or refrain from taking official action with respect
to any proposed or pending matter in consideration of, or upon condition
that, any other person make or refrain from making a political contribution,
or provide or refrain from providing any service or other thing of
value, to or for the benefit of a candidate, a political party, any
person who is subject to a registration requirement under Wis. Stat.
§ 11.05, or any person making a communication that contains
a reference to a clearly identified local public official holding
an elective office or to a candidate for local public office.
A.
APPOINTED OFFICIAL
CANDIDATE FOR ELECTIVE OFFICE OF THE CITY OF LAKE MILLS
ELECTED OFFICIAL
IMMEDIATE FAMILY
STATEMENT OF INTERESTS
Definitions. The following definitions apply in this subsection relating
to disclosure of interests:
Any officer of the City of Lake Mills appointed pursuant to § 10-3 of the Municipal Code, and shall also include all City of Lake Mills Department Heads, but shall exclude election officials and board, commission and committee members.
Any person who files nomination papers and a declaration
under § 8.10, Wis. Stats., for the purpose of appearing
on the ballot for election to an office of the City of Lake Mills
or any person nominated for a City office in an election through the
write-in process and who files a declaration pursuant to § 8.10,
Wis. Stats.
All officers of the City of Lake Mills established pursuant
to the provisions of § 64.04, Wis. Stats., or its authority,
who are elected by the voters.
Has the same meaning at defined in § 71-3.
The factual statement filed pursuant to the provisions of
this subsection and which contains the information set forth in section.
C.
Statement of interests, when to file.
(1)
All persons who file nomination papers for an elective office of
the City of Lake Mills shall at the time of filing of such nomination
papers also file a statement of interests with the City Clerk.
(2)
The Clerk shall omit the name of any candidate from an election ballot
who fails to disclose her or his interests in accordance with the
requirement of this section.
(3)
The Clerk shall notify by certified mail any candidate whose name
is to be omitted from a ballot as soon as practicable after the decision
is made to omit the name.
(4)
Employees who are appointed to their positions subject to conformation
by the City Council shall file the statement with the City Clerk at
least 10 business days before their appointments are submitted to
the City Council for confirmation.
(5)
All other appointed officials who are required to file the statement
shall file the statement with the City Clerk within 10 business days
after they begin work as City-appointed officials.
D.
Annual filing. Each person required to file the statement shall annually file an updated statement with the Clerk no later than the first Tuesday in January of each year, except that this provision shall not apply to candidates for elected office who have filed the statement with their nomination papers pursuant to Subsection C of this section.
E.
Amending the statement of interests.
(1)
If, after filing the statement, the filer becomes aware of errors
or omissions in the original statement, she or he, as soon as possible,
shall attach an amendment to her or his original statement to reflect
accurately the required disclosures.
(2)
If, after filing the annual statement, any elected official or department
or division head or other person required to annually file a statement,
becomes aware of any change in the information contained in her or
his current statement, she or he shall amend, as soon as possible,
her or his statement to reflect accurately the change.
F.
Any amendment to the statement which is filed after the filing of
a complaint against the person required to file shall not be a defense
to the complaint, but the Ethics Board may, in its discretion, consider
the amendment as mitigating circumstances.
G.
Form of statement. The person filing any statement of interests required
under this section shall file such statement on the form approved
by the Ethics Board and provided by the City Clerk, and shall supply
the following information:
(1)
The name and address of the filer and the City office held or sought
or the position of City employment.
(2)
The name and address of all employers and positions of employment
held as of the date the statement is filed.
(3)
The identity of every organization of which she or he or any adult
member of her or his immediate family is an officer or director and
the identity of every organization of which she or he or any member
of her or his immediate family owns or controls, directly or indirectly,
severally or in the aggregate, at least 5% of the outstanding equity;
provided, however, that membership only in an organization need not
be disclosed.
[Amended 11-4-2014 by Ord. No. 1136A]
(4)
The identity of all real estate within the City of Lake Mills, or
within Jefferson County, other than primary or principal residence,
in which the person filing or any member of her or his immediate family
has a direct or indirect interest, and the identity of any person
or entity owning or controlling any real estate within the City of
Lake Mills, or within Jefferson County, in which the person filing
or any member of her or his immediate family has a direct or indirect
interest.
[Amended 11-4-2014 by Ord. No. 1136A]
H.
The Clerk shall send statement of interests forms to known filers
at least 45 days before the filing deadline and a filing reminder
to all City department heads at least 15 days before the filing deadline.
The Clerk shall notify any person who fails to timely file the required
statement of interests. The Clerk shall note the name of any person
who has not filed the statement within 10 days of the mailing of the
Clerk's notice. The Clerk shall withhold the compensation of
any such person until the statement is filed.
[Amended 12-18-2012 by Ord. No. 1103]
A.
Any incumbent who has or whose immediate family member has a financial
or personal interest in a matter coming before the City Council or
City Officer, or any board, committee, commission, subcommittee or
ad hoc committee, and who participates in discussion or recommendation,
or who gives an official opinion to such body, shall disclose on the
records of such body the nature and extent of such interest. This
provision requiring disclosure of interests shall not apply if the
incumbent disqualifies herself or himself from participating in discussion
of the matter and from otherwise taking action on the matter.
B.
Any incumbent shall disqualify herself or himself from discussing
and voting, or from taking any official action in a matter under consideration
by the City if such matter involves the incumbent's or the incumbent's
immediate family member's financial or personal interests to
the extent that such interests conflict or appear to conflict with
the incumbent's official duties or would impair or reasonably
be expected to impair the incumbent's independence of judgment
or actions.
C.
In the event that an incumbent is required to disqualify him or herself
from participating on a matter that comes for official action before
the City, or in the event that the incumbent voluntarily disqualifies
himself or herself, the incumbent shall perform the following duties
of disqualification:
(1)
If the incumbent is a member of the City Council, the incumbent is
not required to disclose in writing the reasons for disqualification,
but the incumbent shall not participate in formal or informal discussion
of the item from which he or she has disqualified himself or herself
from action. Such disqualification from acting applies equally to
discussions both before and at the meeting at which the item is to
be considered. At such meeting, the incumbent shall remove himself
or herself temporarily from his or her seat on the Council when the
item comes before such body, and shall take a seat in the audience
or exit the meeting. The minutes of the meeting shall reflect this
temporary disqualification of the incumbent from the Council, but
no reason needs to be given directly to the Council or the public
for such temporary disqualification, unless the incumbent chooses
to voluntarily state his or her reasons for disqualifying him or herself
from participating in an item before the Council.
(2)
If the incumbent is a member of the City Council, and if the incumbent
is absent from the meeting at which the incumbent would have otherwise
disqualified himself or herself, the incumbent shall notify the City
Clerk in advance of the meeting of such absence and such disqualification,
and the notice of disqualification shall then be made a part of the
minutes of the Council meeting. Failure to so notify the Clerk shall
be considered a violation of this section.
(3)
If the incumbent is the City Manager, the incumbent shall disclose
in writing the reasons for his or her disqualification to the City
Attorney and Council President, who will then decide whether they
will act jointly in the City Manager's stead in discharging any
duties from which the City Manager has disqualified himself or herself,
or whether they will bring the matter to the Council in closed session,
if appropriate, for the purpose of substituting the Council's
action in the City Manager's stead in discharging the duties
from which the City Manager has disqualified himself or herself under
this section.
(4)
If the incumbent is a Department Director, the incumbent shall disclose
in writing the reasons for disqualification to the City Manager and
the City Attorney. The City Manager shall then act in the Director's
stead in discharging duties for which the Director has disqualified
himself or herself under this section, and the City Manager may delegate
the actual decision or action to a subordinate of that Director, if
warranted, in the case of disqualification by the Police Chief or
Fire Chief.
(5)
If the incumbent is an employee under the supervision of a Department
Director, the incumbent shall disclose in writing the reasons for
disqualification to the Department Director and the City Attorney.
The Department Director shall then act in the employee's stead
in discharging duties for which the employee has disqualified himself
or herself under this section.
(6)
If the incumbent is the City Attorney, the incumbent shall follow
the requirements of the Supreme Court Rules that pertain to conflicts
of interest, disclosure and disqualification, and if the incumbent
requires guidance with regard to options to pursue under these rules,
the incumbent may seek an ethics opinion of the standing ethics board
of the Wisconsin State Bar.
(a)
In addition, if the procedures would not otherwise conflict
with the Supreme Court Rules or Ethics Opinion, the City Attorney
shall develop standardized procedures for obtaining outside counsel
or prosecutors to act in the City Attorney's stead and such persons
shall be funded from the City Attorney's budget out of monies
allocated for professional services.
(b)
Notwithstanding the foregoing, the City Attorney is authorized
to seek outside legal opinions or consultation, when in the City Attorney's
professional opinion, such opinions or consultations are warranted,
and the fees for such services shall likewise be funded from the City
Attorney's budget out of monies allocated for professional services.
(c)
Finally, if outside legal assistance is required due to the
specialized area of law or long-term assistance necessary to meet
the needs of the City, the City Attorney is authorized to seek an
appointment by the Council of a special counsel to represent the City
in the limited matter to which the appointment specifically pertains.
Funding sources for such special counsel shall be determined by the
Council at the time of any appointment.
(7)
If the incumbent is a member of a City board, committee, commission,
subcommittee or ad hoc committee, the incumbent is not required to
disclose in writing the reasons for disqualification, but the incumbent
shall not participate either prior to or at the meeting in formal
or informal discussion of the item from which he or she has disqualified
himself or herself from action, and the incumbent shall remove himself
or herself temporarily from his or her seat on the Board, committee,
commission, subcommittee or ad hoc committee when the item comes before
such body. The incumbent shall take a seat in the audience or exit
the meeting room during discussion of the item from which the incumbent
has disqualified himself or herself. The minutes of that meeting shall
reflect this temporary disqualification of the incumbent from the
body, but no reason needs to be given directly to the body or the
public for such temporary disqualification.
(8)
If the incumbent is a member of a City board, committee, commission,
subcommittee or ad hoc committee, and if the incumbent is absent during
the meeting at which he or she would have otherwise been required
to temporarily disqualify himself or herself from action on an item,
the Chair or President or presiding officer of the body shall be notified
in writing prior to the meeting that the incumbent, although absent
from the meeting, is disqualifying himself or herself from all discussion
and action on the particular item. This notification shall be made
part of the minutes of that meeting. Failure to so notify the appropriate
person of the disqualification, despite the member's absence,
shall be considered a violation of this section.
A.
If an incumbent may not cast a vote due to a conflict of interest,
and if the incumbent has disqualified himself or herself from the
vote, the lack of vote by the incumbent shall be recorded as an abstention,
and such vote shall not be counted for determining: (1) the number
of "members present" if passage of that measure requires a favorable
vote by a majority or other fractional vote (i.e., 2/3 or 3/4) of
the members "present"; or (2) the presence of a quorum for purposes
of that particular vote.
B.
If the vote requires that all members of the body be counted for
purposes of determining whether a majority of all the members voted,
as opposed to whether a majority of the members "present" voted, the
disqualified member's disqualification shall not be counted as
a portion of the total number of members for purposes of determining:
(1) whether a majority were present for quorum reasons for that vote;
or (2) whether a favorable vote was cast by a majority of the members
or other required fractional number of the total members.
C.
By way of example, under Subsection A, if a body has five members and a 2/3 vote of the members present is required, and one member is absent and one member is disqualified and the vote is two in favor and one against a measure, the disqualified person's lack of vote will not be counted among the number of members "present," so the resulting vote will be recorded as 2-1 and the measure will pass because a 2/3 vote of the members present had voted in favor of the measure.
D.
By way of example, under Subsection B, if a body has five members, but one vacancy exists and only four members may then be present to vote on any measure before the body until the vacancy is filled, the total number of all members is still considered to be five. If one member is disqualified and a simple majority vote is required for the measure to pass, the majority of all members required for the vote to pass would be three votes in favor. The three voting members at the meeting cast a vote of 2-1. Under this scenario, only two members voted in favor of the measure, but since three were needed, the measure fails. If, under Subsection B, a body has five members, but one member is disqualified from voting due to a conflict of interest, and a 2/3 or 3/4 vote is required of all members, that disqualified member is not counted for the purpose of determining if the required number of votes were cast for the measure to pass.
E.
Notwithstanding the foregoing subsections, if the effect of the disqualification
on the official duties is so pervasive and so permanent in nature
that a reasonable person would believe that a de facto vacancy exists
in the office or position, the incumbent is encouraged to remove the
source of the ongoing disqualification or resign.
A.
The Ethics Board of the City of Lake Mills is hereby abolished and
re-created. The newly created Ethics Board shall consist of five members
who shall serve without compensation from the City.
B.
All members of the Ethics Board shall be at least 18 years of age,
be residents of the City, and during their terms on the Ethics Board,
no member may hold any elective office in, be employed by, or be a
contracted, appointed official with the City of Lake Mills.
C.
Each member of the Ethics Board shall have experience with the types
of situations presented when applying an ethics code to specific facts.
To satisfy the need for specialized experience, each applicant for
consideration for appointment to the Ethics Board shall meet one or
more of the following qualifications:
(1)
Currently serving, or have in the past served, in an elective or
appointive office in a governmental entity;
(2)
Currently are or have been employed by a governmental entity and
have been subject to similar ethics codes in such employment;
(3)
Currently are licensed to practice law in the State of Wisconsin;
or
(4)
Possesses qualifications and experience similar to those listed in
this subsection.
D.
The members of the Ethics Board shall be appointed by the Council
President to three-year terms, commencing on May 1 in the year of
appointment, subject to confirmation by the Council, except that of
those first appointed, two of the members shall be appointed for one
year, two members shall be appointed for two years, and the remaining
member shall be appointed for three years.
E.
The members of the Ethics Board shall take and file an oath of office
prior to entering into their duties.
F.
The Ethics Board shall elect its own Chair, Vice Chair and Secretary
and shall develop written rules of procedure to be submitted to the
Council for approval.
G.
The Ethics Board shall have the powers and duties as set forth in
§ 19.59(5)(a) and (b), Wis. Stats., and its duties also
include making recommendations to the City Council for further action
as appropriate.
H.
The Ethics Board shall meet when it has business to conduct and it
may adjourn its meetings from time to time.
I.
The Ethics Board may make recommendations with respect to amendments
to the Code of Ethics of the Lake Mills Municipal Code.
J.
The City Attorney shall furnish the Board whatever legal assistance
is necessary in the carrying out of its functions.
K.
The reasonable and necessary expenses incurred by the Board may be
compensated if such expenses are approved by the City Council through
either a previously adopted budget or special action of the Council.
A.
When an incumbent has doubts as to the applicability of a provision
of this section to a particular situation in which he or she is or
may become involved, or definitions of terms used in the code, the incumbent should apply in writing to
the Ethics Board for an advisory opinion and be guided by that opinion
when given. The requester of an ethics opinion shall include in such
a request all pertinent information regarding his or her interpretation
of the facts at issue and of the applicable provision(s) of the code
before such advisory opinion may be issued. It is prima facie evidence
of intent to comply with this section when a person refers a matter
to the Ethics Board and abides by the advisory opinion, if the material
facts are as stated in the opinion request.
B.
When a request for an advisory opinion is made, the name of the requester
and the nature of the request may, at the requester's option,
be kept confidential. When confidentiality is requested, the Board
shall hear and determine the request in closed session. The agenda
for the meeting shall identify the session as a closed session to
hear a request for a confidential opinion pursuant to this section
and § 19.59, Wis. Stats.
C.
When confidentiality is requested, the report of the Board shall
also be kept confidential, but the Board shall prepare a redacted
summary of the report as a public document; however, if the requester
requests in writing that the full report be made public, the entire
opinion or report shall become a part of the public record.
D.
If the requester makes public any portion of the opinion or report,
all confidentiality is waived by the requester and the Board shall
release the full report with the redacted portions restored.
E.
If the Ethics Board cannot meet in a timely manner, and a request
for an ethics advisory opinion has been submitted, the City Attorney
may act to provide such advisory opinion as if the City Attorney has
the powers and duties of the Ethics Board in this section. In addition,
the City Attorney shall provide a report in writing to the Ethics
Board of the fact that such request was made and if the requester
has requested that the request for the advisory opinion remain confidential,
the City Attorney shall nonetheless provide all information contained
in the request and the advisory opinion to the Board so that the Board
may have such information for the Board's records and use in
accordance with this section, as if the Board had actually met and
provided the advisory opinion.
A.
Any resident of the City may complain to the Ethics Board about the
activity of any person or entity covered by the Code of Ethics in
the Lake Mills Municipal Code, pursuant to the rules and procedures
of the Ethics Board, which have been approved by the City Council.
If a complaint is brought under this section against any member of
the Ethics Board, the City Council shall hear the complaint, acting
as the Ethics Board, and following the same rules, procedures and
precedents of the Ethics Board.
B.
The Ethics Board will charge the total costs of its proceedings to
the person bringing a complaint, if the Ethics Board determines that
the complaint was without merit, was frivolous in nature, or was brought
for the purpose of harassing the subject of the complaint.
C.
The Ethics Board, or City Council when acting as the Ethics Board,
may issue subpoenas and administer oaths.
D.
No action may be taken on any complaint which is filed later than
12 months after a violation of this Ethics Code is alleged to have
occurred.
E.
If the Ethics Board cannot act due to a lack of quorum or any reason
other than when a complaint is brought against a member of the Ethics
Board and the City Council is acting in its place, then complaints
may be submitted to the City Attorney, and if upon investigation,
the City Attorney finds probable cause to believe that the conduct
that is the subject of the complaint is in violation of the this chapter,
the City Attorney shall forward said complaint and any investigative
materials to the District Attorney for prosecution under Wis. Stats. § 19.59(8).
If the District Attorney fails to commence an action under § 19.59(8)(c)
within 30 days after receiving a verified complaint forwarded under
this section from the City Attorney, or if the District Attorney refuses
to commence such action, the person who originally submitted the complaint
to the City Attorney under this subsection may petition the attorney
general to act upon the complaint in accordance with § 19.59(8)(c).
Violation of any provision of this Ethics Code should raise
conscientious questions for the incumbent concerned as to whether
voluntary resignation or other action is indicated to promote the
best interests of the City of Lake Mills. If the Ethics Board determines
that any person or entity has violated any provision of this code,
the Board may, as part of its report to the Council, make any of the
following recommendations:
A.
In the case of an elected official, that the City Council consider
sanctioning, censuring or expelling the elected official;
B.
In the case of a member of a board, committee or commission, that
the City Manager, City Council President, or other appointing authority
consider removing the member from the Board, committee or commission;
C.
In the case of an employee, that the employee's appointing authority
consider disciplining or discharging the employee;
D.
In addition to the sanctions imposed herein, that any person or entity violating § 71-4C(2) of this Ethics Code not be awarded any City contract, grant, loan or any other thing of values for a period of 12 months from the date of the finding of a violation or that any such contract, grant, loan or things of value be terminated, repaid, forfeited or called in;
E.
As an alternative, or in addition to the sanctions imposed herein,
that any person violating the provisions of this section shall be
subject to a nonreimbursable forfeiture of not less than $100 nor
more than $1,000 per violation in an action brought by the City.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Nothing in this chapter supersedes or limits the responsibilities
of public officials and employees to be aware of and to abide by the
other laws affecting their conduct as public officials or employees.
These other laws, include, but are not limited to, §§ 19.59
and 946.10 through 946.18, Wis. Stats., which apply to various violations
for conflict of interest, bribery, misconduct in public office, corrupt
means to influence official actions, and private interests in public
contracts.
