[HISTORY: Adopted by the Town Board of the Town of Koshkonong
as Title 2, Ch. 6, of the 1996 Code. Amendments noted where applicable.]
The following definitions shall be applicable in this chapter:
Any gift, favor, loan, service or promise of future employment,
but does not include reasonable fees and honorariums, or the exchange
of seasonal, anniversary or customary gifts among relatives and friends.
Any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual or
any other legal entity which engages in profit-making activities.
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.
The following specific blood or marriage relationships:
Any person excluded from the definition of a public official
who is employed by the Town.
Those persons serving in statutory elected or appointed offices
provided for in Ch. 60, Wis. Stats., and all members appointed to
boards, committees and commissions established or appointed by the
Chairperson and/or Town Board pursuant to this Code of Ordinances,
whether paid or unpaid.
Owning or controlling, directly or indirectly, at least 10%
or $5,000 of the outstanding stock of at least 10% or $5,000 of any
business.
A.
The proper operation of democratic government requires that public
officials and employees be independent, impartial and responsible
to the people; that government decisions and policy be made in proper
channels of the governmental structure; that public office not be
used for personal gain; and that the public have confidence in the
integrity of its government. In recognition of these goals, there
is hereby established in this chapter a Code of Ethics for all Town
of Koshkonong officials and employees, whether elected or appointed,
paid or unpaid, including members of boards, committees and commissions
of the Town, as well as any individuals who are candidates for elective
office as soon as such individuals file nomination papers with the
Town.
B.
The purpose of this Ethics Code is to establish guidelines for ethical
standards of conduct for all such officials and employees by setting
forth those acts or actions that are incompatible with the best interests
of the Town of Koshkonong and by directing disclosure by such officials
and employees of private financial or other interests in matters affecting
the Town. The Town Board believes that a Code of Ethics for the guidance
of elected and appointed officials and employees will help them avoid
conflicts between their personal interests and their public responsibilities,
will improve standards of public service and will promote and strengthen
the faith and confidence of the citizens of this Town in their elected
and appointed officials and employees. The Town Board hereby reaffirms
that each elected and appointed Town official and employee holds his
or her position as a public trust, and any intentional effort to realize
substantial personal gain through official conduct is a violation
of that trust. The provisions and purpose of this Ethics Code and
such rules and regulations as may be established are hereby declared
to be in the best interests of the Town of Koshkonong.
A.
The provisions of §§ 19.41 through 19-59, Wis. Stats.,
shall apply to public officials and employees whenever applicable.
[Amended 3-13-2019 by Ord. No. 1]
B.
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:
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
Town, 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.
A.
Officials and employees should adhere to the rules of work and performance
established as the standard for their positions by the appropriate
authority.
B.
Officials and employees should not exceed their authority or breach
the law or ask others to do so, and they should work in full cooperation
with other public officials and employees unless prohibited from so
doing by law or by officially recognized confidentiality of their
work.
C.
Members of the Town staff are expected to follow their appropriate
professional code of ethics. Staff members shall file a copy of such
professional ethics codes with the Town Clerk. The Town Clerk may
notify the appropriate professional ethics board of any ethics violations
involving Town employees covered by such professional standards.
A.
Use of public property. No official or employee shall use or permit
the unauthorized use of Town-owned vehicles, equipment, materials
or property for personal convenience or profit, except when such services
are available to the public generally or are provided as Town policy
for the use of such official or employee in the conduct of official
business, as authorized by the Town Board or authorized board, commission
or committee.
B.
Use of Town stationery. Copies of any correspondence written on Town
stationery shall be filed with the Town Clerk, or their designee.
C.
Obligations to citizens. No official or employee shall grant any
special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen. No official or employee
shall use or attempt to use his or her position with the Town to secure
any advantage, preference or gain, over and above his rightful remuneration
and benefits, for himself or for a member of his or her immediate
family.
D.
Political contributions. No official shall personally solicit from
any Town employee, other than an elected official, a contribution
to a political campaign committee for which the person subject to
this chapter is a candidate or treasurer.
E.
Failure to follow board directive. No Town official or employee,
whether elected or appointed, shall deliberately, by individual action,
direct a member of the public or a party under contract with the Town
to take an action or perform an act that is contrary to an official
Town policy adopted by the Town Board.
A.
Financial and personal interest prohibited.
(1)
No official or employee of the Town, whether paid or unpaid, shall
engage in any business or transaction or shall act in regard to financial
or other personal interest, direct or indirect, which is incompatible
with the proper discharge of official duties in the public interest
contrary to the provisions of this chapter or which would tend to
impair independence of judgment or action in the performance of official
duties.
(2)
Any member of the Town Board who has a financial interest or personal
interest in any proposed legislation before the Town Board shall disclose
on the records of the Town Board the nature and extent of such interest;
such official shall not participate in debate or vote for adoption
or defeat of such legislation. If the matter before the Board involves
a member's personal interest with persons involved, the member
may participate in debate or discussion and vote on the matter following
disclosure, unless an ordinance or contract is involved; if an ordinance
or contract is involved, such official shall not participate in debate
or discussion and vote on the matter.
(3)
Any nonelected official, other than a Town employee, who has a financial
interest or personal interest in any proposed legislative action of
the Town Board or any board, commission or committee upon which the
official has any influence or input or of which the official is a
member that is to make a recommendation or decision upon any item
which is the subject of the proposed legislative action shall disclose
on the records of the Town Board or the appropriate board, commission
or committee the nature and extent of such interest. Such official
shall not participate in debate or discussion or vote for adoption
or defeat of such legislation.
(4)
Any Town employee who has a financial interest or personal interest
in any proposed legislative action of the Town Board or any board,
commission or committee upon which the employee has any influence
of input, or of which the employee is a member, that is a make to
recommendation or decision upon any item which is the subject of the
proposed legislative action shall disclose on the records of the Town
Board or the appropriate board, commission or committee the nature
and extent of such interest.
B.
Disclosure of confidential information. No official or employee shall,
without proper legal authorization, disclose confidential information
concerning the property, government or affairs of the Town, nor shall
such information be used to advance the financial or other private
interests of the official or employee or others.
C.
Gifts and favors.
(1)
No official or employee, personally or through a member of his immediate
family, may solicit or accept, either directly or indirectly, from
any person or organization, money or anything of value if it could
be expected to influence the employee's official actions or judgments
or be considered a reward for any action or inaction on the part of
the official or employee.
(2)
No official or employee personally, or through a member of his immediate
family, shall accept any gift, whether in the form of money, service,
loan, thing or promise, from any person which may tend to impair his
independence of judgment or action in the performance of his duties
or grant in the discharge of his/her duties any improper favor, service
or thing of value.
(3)
An official or employee is not to accept hospitality if, after consideration
of the surrounding circumstances, it could reasonably be concluded
that such hospitality would not be extended were it not for the fact
that the guest, or a member of the guest's immediate family,
was a Town official or employee. Participation in celebrations, grand
openings, open houses, informational meetings and similar events are
excluded from this prohibition. This paragraph further shall not be
construed to prevent candidates for elective office from accepting
hospitality from citizens for the purpose of supporting the candidate's
campaign.
(4)
Gifts received by an official or employee or his/her immediate family
under unusual circumstances shall be referred to the Town Board within
10 days of receipt for recommended disposition. Any person subject
to this chapter who becomes aware that he/she is or has been offered
any gift, the acceptance of which would constitute a violation of
this subsection, shall, within 10 days, disclose the details surrounding
said offer to the Town Board. Failure to comply with this reporting
requirement shall constitute an offense under this chapter.
D.
Representing private interests before Town agencies.
(1)
Nonelected Town officials and employees shall not appear on behalf
of any private person (other than him or herself, his or her spouse
or minor children) before any Town agency, board, commission or the
Town Board if the official or employee or any board, commission or
committee of which the official or employee is a member has any jurisdiction,
discretion or control over the matter which is the subject of such
representation.
(2)
Elected Town officials may appear before Town agencies on behalf of constituents in the course of their duties as representatives of the electorate or in the performance of public or civic obligations. However, the disclosure requirements of Subsection A above shall be applicable to such appearances.
E.
Ad hoc committee exceptions. No violation of the conflict of interest
restrictions of this section shall exist, however, where an individual
serves on a special ad hoc committee charged with the narrow responsibility
of addressing a specific issue or topic in which that individual,
or the employer or a client of that individual, has an interest so
long as the individual discloses to the Town Board that such interest
exists.
F.
Contracts with the Town. No Town official or employee who, in his
capacity as such officer or employee, participates in the making of
a contract in which he has a private pecuniary interest, direct or
indirect, or performs in regard to that contract with some function
requiring the exercise of discretion on his part shall enter into
any contract with the Town unless, within the confines of § 946.13,
Wis. Stats.:
(1)
The contract is awarded through a process of public notice and competitive
bidding or the Town Board waives the requirement of this section after
determining that it is in the best interest of the Town to do so.
(2)
The provisions of this subsection shall not apply to the designation
of a public depository of public funds.
Any questions as to the interpretation of any provisions of
this Ethics Code chapter shall be referred to the Town Attorney. Such
requests shall be as detailed as possible and shall be made in writing.
Advisory requests and opinions shall be kept confidential, except
when disclosure is authorized by the requestor, in which case the
request and opinion may be made public.
A determination that an official's or employee's actions
constitute improper conduct under the provisions of this chapter may,
in the case of an employee, constitute a cause of suspension, removal
from office or employment or other disciplinary action. Sanctions,
including any disciplinary action, that may affect employees covered
under a labor agreement will be consistent with the terms and conditions
set forth in the applicable labor agreement. In the case of an elected
or appointed Town official, the Town Board, upon a review of the facts
with the individual, may officially reprimand the official or remove
such official from certain committee assignments or responsibilities.
[Added 3-13-2019 by Ord.
No. 1]
Violations of this chapter shall be subject to a minimum forfeiture
not exceeding $100 and a maximum forfeiture not exceeding $1,000 for
each offense.
