The following definitions shall be applicable in this chapter.
ANYTHING OF VALUE
Any money or property, favor, service, payment, advance, forbearance, loan, or promise of future employment, but does not include compensation or expense reimbursement paid by the Village, honorariums, fees and expenses under the standards and reporting requirements set forth in § 19.56, Wisconsin Statutes, campaign contributions as regulated by §
49-6C of this chapter, or hospitality extended for a purpose unrelated to Village business by a person other than a firm, corporation, partnership, or joint venture.
BUSINESS
Any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual or
any other legal entity which engages in profit-making activities.
FINANCIAL INTEREST
Any interest which shall yield, directly or indirectly, a
monetary or other material benefit to the officer or employee or to
any person employing or retaining the services of the officer or employee.
IMMEDIATE FAMILY
B.
An individual's relative by marriage, lineal descent or adoption
who receives, directly or indirectly, more than 1/2 of his support
from the individual or from whom the individual receives, directly
or indirectly, more than 1/2 of his support.
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.
PUBLIC EMPLOYEE
Any person excluded from the definition of a "public official"
who is employed by the Village.
PUBLIC OFFICIAL
Those persons serving in statutory elected or appointed offices
provided for in Chapter 61 of the Wisconsin Statutes, and all members
appointed to boards, committees and commissions established or appointed
by the Village President and/or Village Board pursuant to this Code
of Ordinances, whether paid or unpaid.
SIGNIFICANT INTEREST
Owning or controlling, directly or indirectly, at least 10%
or $5,000 of the outstanding stock of any business.
There are certain provisions of the Wisconsin Statutes which
should, while not set forth herein, be considered an integral part
of any Code of Ethics. Accordingly, the provisions of the following
sections of the Wisconsin Statutes, as from time to time amended,
are made a part of this Code of Ethics and shall apply to public officials
and employees whenever applicable, to wit:
A. Sec. 946.10, Bribery of Public Officers and Employees.
B. Sec. 946.11, Special Privileges from Public Utilities.
C. Sec. 946.12, Misconduct in Public Office.
D. Sec. 946.13, Private Interest in Public Contract Prohibited.
Public officials and employees are agents of public purpose
and hold office for the benefit of the public. They are bound to uphold
the Constitution of the United States and the Constitution of this
state and carry out impartially the laws of the nation, state and
municipality, to observe in their official acts the highest standards
of morality and to discharge faithfully the duties of their office
regardless of personal considerations, recognizing that the public
interest must be their prime concern.
When an official or employee has doubt as to the applicability
of a provision of this section, such official or employee may apply
to the Ethics Board for an advisory opinion. The official or employee
shall have the opportunity to present his or her interpretation of
the facts at issue and of the applicability of provisions of this
section before such advisory decision is made. This section shall
be operative in all instances covered by its provisions, except when
superseded by an applicable statutory provision and statutory action
is mandatory, or when the application of a statutory provision is
discretionary but determined to be more appropriate or desirable.
[Amended 11-17-2022 by Ord. No. 2022-6]
A. Membership. There is hereby created an Ethics Board consisting of
five voting members and two alternates who shall be compensated the
same as other committee members. The members of the Ethics Board shall
be residents of the Village or full-time employees of a business located
in the Village. The members shall not be officials or employees of
the Village, whether elected or appointed, paid or unpaid, including
members of boards, committees and commissions of the Village, as well
as any individuals who are candidates for elective office as soon
as such individuals file nomination papers with the Village. The members
shall not be immediate family members of a Village official or employee.
Each member shall be appointed by the Village President and subject
to confirmation by the Village Board. Terms of office shall be three
years, except that when the initial appointments are made, one member
shall be appointed for one year, two shall be appointed for two years
and two for three years. The alternates shall be appointed for three-year
terms, except that when the initial appointments are made, one alternate
shall be appointed for one year and one shall be appointed for two
years. The alternates serve on the Board when one of the citizen members
is unavailable. The Board shall elect its own Chairman and Vice Chairman.
The Village Attorney shall furnish the Board legal assistance when
necessary and when doing so does not present a conflict of interest
to the Village Attorney. With the prior approval of the Village Board,
the Ethics Board may retain independent counsel when the Village Attorney
is unable to provide legal assistance to the Board. The Village Clerk
shall serve as the Ethics Board Secretary.
B. Powers and duties.
(1) The Ethics Board shall adopt and develop written rules which shall
be submitted to the Village Board for approval. A copy of such rules
shall be filed with the Village Clerk.
(2) Any person to whom this section applies may apply, in writing, to
the Ethics Board for an advisory opinion as to the interpretation
and application of this section and shall be guided by the opinion
rendered. Such person shall have the opportunity to present his interpretation
of the facts at issue and of the applicability of provisions of this
section before the advisory decision is rendered. No Trustee may attend
a meeting of the Ethics Board unless requested to do so by the Ethics
Board. Meetings for deliberations and action upon such applications
shall not be open to the public. Opinions rendered by the Ethics Board
shall be in writing. Records of the Ethics Board's opinions, opinion
requests and investigations of violations shall be closed to public
inspection. The Ethics Board, however, may make such records public
with the consent of the individual requesting the advisory opinion
or in the event that individual makes public any portion of the opinion.
In the event the Ethics Board deems it necessary or appropriate, it
may request an advisory opinion from the Village Attorney. The Ethics
Board may, if it determines that its opinion in response to a request
for an advisory opinion as to the interpretation or application of
a provision of this Code of Ethics to certain fact situations would
be of value to other officials or employees in terms of providing
guidance or guidelines in future fact, situations of a same or similar
nature, issue a summary opinion setting forth what it deems to be
appropriate conduct in such a manner that it does not disclose the
identity of the individual whose original request prompted the issuance
of such summary opinion.
(3) All complaints shall be in writing and verified and shall state the
name of the official or employee alleged to have committed a violation
of this section and the particulars thereof. Complaints shall be addressed
to the Ethics Board and filed with the Village Clerk.
(4) Within 14 days after the filing of a properly verified complaint,
the Ethics Board shall meet to accept the complaint. Within three
days after accepting the complaint, the Ethics Board shall mail a
copy of the complaint to the accused by certified mail.
(5) Following the acceptance of a verified complaint, the Ethics Board
may make preliminary investigations with respect to alleged violation
of this section. No preliminary investigation of the activities of
any official or employee may be initiated unless such official or
employee is notified in writing by certified mail. The notice shall
state the exact nature and purpose of the investigation, the individual's
specific actions or activities to be investigated and a statement
of such person's due process rights. The preliminary investigation
shall be completed within 30 days from acceptance of a verified complaint,
except that the Ethics Board may extend that period an additional
30 days with like notice to the official or employee and to the complainant.
(6) If, after such investigation, the Ethics Board finds that probable
cause does not exist for believing the allegations of the complaint
or believing that the conduct complained of violates the Ethics Code,
it shall dismiss the complaint. The Ethics Board shall promptly notify
the accused and the complainant of its decision in writing by certified
mail. The Ethics Board's decision to dismiss a complaint shall be
final. The same complaint or a complaint which is substantially the
same shall not be reconsidered by the Ethics Board unless the complainant
provides additional material information which was not available to
the complainant at the time the original complaint was filed and which,
if true, would probably change the outcome. The Ethics Board's decision
to reconsider or not to reconsider shall be final.
(7) If, after such investigation, the Ethics Board finds that probable
cause exists for believing the allegations of the complaint, it shall
conduct a hearing on the matter which shall be held not more than
30 days after such finding. The Ethics Board shall give the accused
at least 20 days' notice of the hearing date. Such hearings shall
be at open session unless the accused petitions for a hearing closed
to the public. The rules of criminal evidence shall apply to such
hearings. All evidence, including certified copies of records and
documents, which the Ethics Board considers, shall be fully offered
and made part of the record in the case. Every party shall be afforded
adequate opportunity to rebut or offer countervailing evidence.
(8) During all stages of any investigation or proceeding conducted under
this section, the accused shall be entitled to be represented by counsel
of his own choosing.
(9) The accused or his representative shall have an adequate opportunity to examine all documents and records to be used at the hearing under Subsection
B(7) above at a reasonable time before the date of the hearing as well as during the hearing to bring witnesses, establish all pertinent facts and circumstances and to question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses.
(10) The Ethics Board shall have the power to compel the attendance of
witnesses and to issue subpoenas granted other boards and commissioners
under § 885.01(3), Wisconsin Statutes.
(11) Upon conclusion of the hearing, the Ethics Board shall file its decision
within five days, in writing, signed by all participating Ethics Board
members, with findings of fact, conclusions of law concerning the
propriety of the conduct of the official or employee and, if appropriate,
refer the matter to the Village Board or other proper authority with
a recommendation for suspension, removal from office or employment,
or other disciplinary action.
(12) A four-to-one vote of the Ethics Board shall be required for any action taken by the Ethics Board with the exception that action taken by the Ethics Board, pursuant to a hearing conducted under Subsection
B(7) above, shall require a unanimous vote.
A determination that an official or employee's actions constitute
improper conduct under the provisions of this chapter shall constitute
a cause for suspension, removal from office or employment or other
disciplinary action. Sanctions will require a 2/3 vote of the entire
membership of the Village Board.
No full-time officer or employee of the Village shall engage
in other ongoing, significant remunerative employment outside regular
Village employment if it interferes with the employee's ability to
satisfactorily and safely perform his primary employment with the
Village; provided, that the Village Board may approve such outside
employment or activity if it finds that it does not interfere or conflict
with such officer's ability to perform his duties in an efficient
and unbiased manner. Violation of this provision shall be grounds
for removal from office of any such officer or employee.
This chapter shall be operative in all instances covered by
its provisions, except when superseded by an applicable statutory
provision and statutory action, or when the application of a statutory
provision is discretionary but determined by the Board to be more
appropriate.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Violations of this chapter and the Code of Ethics are punishable
pursuant to § 19.59(3)(f), Wis. Stats.