[HISTORY: Adopted by the Village Board of the Village of
Footville 10-6-2011. Amendments
noted where applicable.]
The conduct of Village officials and employees in discharging
their official responsibilities on behalf of the Village shall be
in accordance with the requirements of the Code of Conduct set forth
in this chapter.
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 through
proper governmental procedures; that public office not be used for
personal gain and that members of the public have confidence in the
integrity of government. In recognition of these goals, there is hereby
established a Code of Conduct for all Village of Footville officials
and employees, 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.
B.
The purpose of this Code of Conduct 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 Village of Footville and by directing disclosure
by such officials and employees of private financial or other interests
in matters affecting the Village. This Code of Conduct is intended
as a guide for elected and appointed officials and employees to assist
them in avoiding conflicts between their personal interests and their
public responsibilities. It is intended to improve standards of public
service and to promote and strengthen the confidence of the citizens
of the Village in their elected and appointed officials and employees.
The Village hereby reaffirms that each elected and appointed Village
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 Code of Conduct and any related rules and regulations
which may be established are hereby declared to be in the best interests
of the Village of Footville.
The following definitions shall be applicable in this Code of
Conduct:
Any money, property or thing of value, favor, loan, service
or promise of future employment, but not including reasonable fees
and honorariums or the exchange of seasonal, anniversary or customary
gifts among relatives and friends.
[Amended 11-3-2011 by Ord. No. 110311]
Any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual or
any other legal entity which engages in profit-making activities.
Any person not included in the definition of an official
who is employed by the Village.
Any interest that shall yield, directly or indirectly, a
monetary or other material benefit to any officer or employee or to
any person employing or retaining the services of the officer or employee.
The delivery or receipt of any thing of value without consideration
of substantially equal value.
An individual's spouse, significant other, or partner
and an individual's relative by marriage, lineal descent or adoption
who receives, directly or indirectly, more than 1/2 of his or her
support from the individual or from whom the individual receives,
directly or indirectly, more than 1/2 of his or her support.
Any person serving in an elected or appointed Village office
established by statute or Village ordinance and any person appointed
to a board, committee or commission established or appointed by the
Village Board and/or Village President pursuant to the Municipal Code,
whether paid or unpaid.
Any interest arising from a blood or marriage relationship
or from a close business or political association, whether or not
any financial interest is involved.
Ownership or control, directly or indirectly, of at least
10% of the outstanding stock or other means of ownership of any business.
The provisions of the following sections of the Wisconsin Statutes,
as from time to time amended, are incorporated as part of this Code
of Conduct, exclusive of the penalties provided for therein, and shall
apply to public officials and employees:
Public officials and employees 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 to carry out, impartially,
the laws of the nation, state and this municipality. They should observe
in their official acts the highest standards of morality and discharge
faithfully the duties of their office regardless of personal considerations,
recognizing that the public interest must be their prime concern.
Their conduct in both their official and private affairs should be
above reproach so as to foster respect for government.
A.
Officials and employees should comply with 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 violate
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 official regulations concerning confidentiality
of their work.
C.
Members of the Village staff are expected to act in accordance with
their appropriate professional code of ethics.
A.
Use of public property. No official or employee shall use or permit
the unauthorized use of Village-owned vehicles, equipment, materials
or property for personal convenience or profit, except when such use
is available to the public generally or is provided by Village policy
for the use of such official or employee in the conduct of official
business, as authorized by the Village Board or other authorized board,
commission or committee.
B.
Obligations to citizens. No official or employee shall grant any
special consideration, treatment or advantage to anyone beyond that
which is available to every other person. No official or employee
shall use or attempt to use his or her position with the Village to
secure any advantage, preference or gain, over and above his or her
rightful remuneration and benefits, for himself or herself or for
anyone else.
A.
Financial and personal interest prohibited.
(1)
No official or employee of the Village shall engage in any business
or transaction or shall act to promote any 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 Code of Conduct, or which would tend to impair
independence of judgment or action in the performance of official
duties.
(2)
Any member of the Village Board who has a financial or personal interest in any proposed legislative action pending before the Village Board shall disclose on the record the nature and extent of such interest. If the interest is a financial interest, such official shall not participate in debate concerning, or vote upon such legislation unless authorized to do so pursuant to the Statutory Standards of Conduct set forth in § 15-4, above. If the matter before the Board involves a member's personal interest the member may participate in debate or discussion and vote on the matter, following disclosure, subject to the Statutory Standards of Conduct referred to herein.
(3)
Any nonelected official who has a financial interest or personal interest in any legislative action pending before any board, commission or committee of which the official is a member or which the official may influence by supplying input or otherwise, shall disclose on the record the nature and extent of such interest. Such official shall not participate in debate concerning, or vote upon such legislation unless authorized to do so pursuant to the Statutory Standards of Conduct set forth in § 15-4, above. If the matter before the Board involves a member's personal interest the member may participate in debate or discussion and vote on the matter, following disclosure, subject to the Statutory Standards of Conduct referred to herein.
(4)
Any Village employee who has a financial interest or personal interest in any legislative action pending before any board, commission or committee of which the employee is a member or which the employee may influence by supplying input or otherwise, shall disclose on the record of such board, commission or committee the nature and extent of such interest. Such official shall not participate in debate concerning, or vote upon such legislation unless authorized to do so pursuant to the Statutory Standards of Conduct set forth in § 15-4, above. If the matter before the Board involves a member's personal interest the member may participate in debate or discussion and vote on the matter, following disclosure, subject to the Statutory Standards of Conduct referred to herein.
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 Village 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.
[Amended 11-3-2011 by Ord. No. 110311]
(1)
No official or employee, personally or through a member of his or
her immediate family, may solicit or accept, either directly or indirectly,
from any person or organization, any gift or hospitality if it could
reasonably 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)
Receipt by an official or employee of the Village of a gift or hospitality
which is unsolicited and which is of nominal value, whether from an
individual interested in business dealings with the Village which
the official or employee may influence or control, or otherwise, is
not a violation of this Code, provided that the receipt of such gift
or hospitality could not reasonably be expected to influence the official's
or employee's official actions or judgments or be considered
a reward for any action or inaction on the part of the official or
employee. This Code shall not be construed to prevent candidates for
elective office from accepting hospitality from citizens for the purpose
of supporting the candidate's campaign.
(3)
Gifts received by an official or employee or his or her immediate
family which are prohibited by this Code of Conduct shall be reported
to the Village Clerk within 10 days of receipt for recommended disposition.
Any person subject to this Code who becomes aware that he or she has
been offered any gift, the acceptance of which would constitute a
violation of this Code, shall, within seven days, disclose the details
surrounding said offer to the Village Clerk. Failure to comply with
this reporting requirement shall constitute an offense under this
section.
(4)
Any provision of this section to the contrary notwithstanding, any
reports required by this Code of Conduct to be made by any member
of the Village Board shall be made to the Village Clerk who shall
convey the report to the Village Board by written communication. Any
such reports required to be made by the Village Clerk will be made
to the Village President who shall convey the report to the Village
Board by written communication.
No official or employee of the Village shall participate in
the selection, award or administration of a contract supported by
funding provided by any state or federal agency if a conflict of interest,
as described above in this section, real or apparent, would be involved.
By example, such a conflict would arise when the official or employee,
any member of their immediate family, their partner or an organization
which employs, or is about to employ, the official or employee has
a financial or personal interest in the business to be awarded the
contract. No official or employee shall solicit or accept gratuities,
favors or anything of monetary value from contractors, potential contractors
or parties to sub-agreements involved in the project to be supported
by such funding.
A.
Upon the sworn complaint of any person alleging facts which, if true,
would constitute a violation of the provisions of this section, the
Village President shall appoint an ad hoc committee comprised of members
of the Village Board, which may include the Village President, to
conduct a preliminary investigation of the facts alleged in the complaint
in a manner consistent with applicable law. The committee shall provide
to the Village Board a written report including its conclusion as
to whether or not the allegations of the complaint are sufficiently
substantial so as to reasonably require that the complaint be heard
and acted upon by the Village Board. Upon receipt of the report of
the committee, the Village Board shall determine whether or not to
conduct a hearing in regard to the allegations of the complaint. Absent
an affirmative vote of the Village Board to conduct a hearing, the
complaint shall be dismissed. In the event a hearing is held before
the Village Board, the hearing shall be in accordance with applicable
substantive and procedural law and the requirements of due process
including notice, an opportunity to be heard, an opportunity to cross-examine
witnesses and to present testimony and other evidence in support of
the accused's position and an opportunity to be represented by
counsel or other representative at the expense of the accused. The
Village Board shall issue a written decision, including findings of
fact and conclusions of law, as to whether the conduct described in
the complaint constitutes a violation of this Code of Conduct. In
the event the Village Board determines that a violation has occurred,
sanctions may be imposed which may include verbal or written reprimand,
suspension from employment with or without pay, termination of employment,
removal from office or other appropriate consequence.
B.
In the event the Village Board determines that the facts alleged in the complaint are such as to require the matter to be determined in accordance with the grievance procedure provided for in Chapter 52, Grievance Procedure, of the Code of the Village of Footville, the Village Board shall, in lieu of referring the matter to an ad hoc committee, refer the matter to an impartial hearing officer in accordance with Step 3 of the grievance procedure, whereupon the matter shall proceed in accordance with Step 3 and Step 4 of the grievance procedure.[1]
