[HISTORY: Adopted by the Board of Supervisors of Washington County as Ch. 4, Subch. III, of the 1998 Code; amended in its entirety by Ord. No. 2001-50. Subsequent amendments noted where applicable.]
[Amended by Ord. No. 2005-17]
A. 
Public officials and employees as defined in this chapter are committed to the highest standards of ethical conduct in the performance of their public duties, and affirm that individual and collective adherence to the highest ethical standards is central to maintaining the public trust and vitality of the democratic process.
B. 
Serving the public trust is an honor that confers a sacred trust on the officeholders to serve the public purpose by exercising their judgments for the benefit of the public, and binds them to uphold the Constitution of the United States, the Constitution of the State of Wisconsin, and to carry out impartially the laws of the nation, state and County.
C. 
While County officials may agree on the need for proper conduct, it is recognized that, as representatives drawn from a representative democratic society, they may experience personal conflicts and hold differing views, values and loyalties. Therefore, the standards of ethical conduct must distinguish between minor and inconsequential conflicts and those conflicts which are substantial and material.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
[Amended by Ord. No. 2005-17]
This Code of Ethics contains principles that provide valuable guidelines and encourage ethical reflection in reaching decisions which are governed ultimately by the individual conscience and commitment to the public good.
A. 
A public official is dedicated to the democratic ideals of honesty, openness and accountability in all matters involving County government and shall:
[Amended 10-9-2019 by Ord. No. 2019-12; 11-9-2022 by Ord. No. 2022-5]
(1) 
Exert a good faith effort to communicate the full truth about County matters and avoid structuring information to achieve a personal advantage.
(2) 
Accept responsibility for his or her public conduct as well as the actions of the County Board, even when mistakes occur.
(3) 
Commit to the spirit of open government characterized by the broadest possible provisions for public access and information sharing, qualified only by those instances when meetings or certain public records are shielded by state law.
(4) 
Accept the obligation to self-report misconduct or misconduct by any other public official to the proper investigative authorities, which for employees, department heads and County Supervisors, shall be as set forth in § 40-5A.
B. 
A public official models decorum, respect for others and civility in all public relationships and should:
(1) 
Honor public office by behaving with courteous behavior and respect for the dignity of others in interactions with elected officials, employees, citizens and media.
(2) 
Promote exemplary conduct at County Board, committee meetings, public hearings and other public activities that may present a prime opportunity for civil discourse.
C. 
A public official actively practices stewardship of the County's fiscal and natural resources and should:
(1) 
Conserve natural resources by supporting public policy for the best use of land, water and air consistent with the public interests, community need and a vision for the future.
(2) 
Adopt fiscal policies that promote the most effective, efficient and ethical use of public funds.
D. 
A public official performs the duties of the office with fairness and impartiality to build public confidence in government and should:
(1) 
Promote County business practices which contribute to public perception of the impartiality of County decisions.
(2) 
Support the principle of equal employment and oppose discrimination in all County operations.
(3) 
Avoid the appearance of impropriety by choosing the ethical course of action to sustain the public trust.
(4) 
Seek and consider citizen input, questions, concerns and ideas.
(5) 
Effectively and efficiently work with government agencies, political subdivisions and organizations to further the interests of the County.
E. 
A public official strives for excellence and continuous learning in all operations of County government and should:
(1) 
Seek opportunities to acquire skills and knowledge needed to perform the varied work of public office most effectively.
(2) 
Dedicate the time necessary to adequately attend to the assignments and duties of the office.
(3) 
Advocate and appropriate resources for County employees to establish work environment which will expand performance capacities.
[Amended by Ord. No. 2005-17]
The following terms in this chapter mean:
ADVISORY OPINION
An interpretation requested by a public official and issued by the Ethics Board regarding the propriety of any matter to which the public official is or may become a party.
ANYTHING OF VALUE
Any money or property, favor, gift, service, payment, advance, forbearance, loan, or promise of future employment, including, without restriction by enumeration, tickets, passes, lodging, travel, recreational expenses, and admission offered and provided by persons doing business, or interested in doing business, with the County. "Anything of value" does not include compensation and expenses paid by the County; political contributions which are reported under Chapter 11, Wis. Stats.; occasional meals and beverages; unsolicited advertising or promotional material such as pens, pencils, note pads, calendars, and other items of nominal value; or hospitality of nominal value or extended for a purpose unrelated to County business; or business-related seminars, trade shows or other training-related activities.
ASSOCIATED
When used with reference to a person, includes any organization in which a person or member of his or her immediate family is a director, officer or trustee, or owner, or controls, directly or indirectly and severally or in the aggregate, at least 10% of the outstanding equity.
BOARD
The Ethics Board created by this Code of Ethics.
CONFIDENTIAL INFORMATION
Written material or oral information related to County government which is not otherwise subject to the Open Records Law[1] and which is designated by statute, ordinance, court decision, lawful order or custom as confidential and not subject to disclosure.
CONFLICT OF INTEREST
A public official's action or failure to act in the discharge of his or her official duties which could reasonably be expected to produce or assist in producing a substantial economic or personal benefit for such official, his or her family or an organization with which he or she is associated.
CONTRACT
All agreements executed between the County or a subunit thereof and another party or parties for the provision of goods, materials, supplies, construction, or services in exchange for valuable and sufficient consideration.
COUNTY FACILITIES
All buildings that are owned, leased, or rented by Washington County.
ECONOMIC OR PERSONAL INTEREST
Any interest that may yield, directly or indirectly, a monetary or other benefit to the public official or to any person employing or retaining the services of the public official, or to any member of the family of said public official, except as set forth by § 946.13, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
EMPLOYEE
All persons filling a full-time or part-time position of County employment.
FAMILY
Any individual related to a public official, including a spouse, parent, child, sibling, grandparent, grandchild, parent-in-law, sibling-in-law and step relations of the above, or as a legal designee of the public official for tax purposes.[2]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
INCOME
The meaning given under the federal Internal Revenue Code.[3]
INCOMPATIBILITY
A conflict between one's official responsibilities and personal or economic interest which would prevent the public official from the complete and proper discharge of his or her official County duties.
MISCONDUCT
Behavior that violates any federal, state, or local law for which imprisonment is a possible consequence, or that violates or potentially violates any provision of this chapter or any equivalent of this chapter in federal or state law, or that violates the employee handbook to the extent that discipline is a possible consequence of the behavior.
[Added 11-9-2022 by Ord. No. 2022-5]
ORGANIZATION
Any corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust or other legal entity other than an individual, body politic, or charitable entity.
PERSON
Any natural person, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, joint venture, trust, or other legal entity recognized as such by the laws of the State of Wisconsin.[4]
PRINCIPAL INCOME
Earnings which constitute at least one-half of total annual earnings.
PRIVATE BUSINESS
Those activities related to non-Washington County government employment in which the public official has an economic interest as defined herein.
PUBLIC OFFICIAL
Any person holding an elected County office and candidates for elected County office or any person holding an appointed County office, County department heads, all County employees, and all citizens appointed by the County Board such as consortia, boards or commissions.
[1]
Editor's Note: See § 19.31 et seq., Wis. Stats.
[2]
Editor's Note: Original Sec. 4.31(3)(l) of the 1998 Code, the definition of "immediate family," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
[3]
Editor's Note: See 26 U.S.C. § 1 et seq.
[4]
Editor's Note: Original Sec. 4.31(3)(q) of the 1998 Code, the definition of "personal interest," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
[Amended by Ord. No. 2005-17]
A. 
Economic or personal interest. No public official shall engage in any business or transaction or shall act in regard to economic or personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties. This section is not intended to interfere with public officials having duties or employment in addition to those related to Washington County, provided those duties or employment do not cause violations of this Code of Ethics.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
B. 
Gifts. It shall be a breach of ethical standards for any public official to solicit, demand, accept or agree to accept anything of value if it is in relation to a particular contract, solicitation, or proposal therefor, or if it could reasonably be expected to influence his or her independence of judgment, action or inaction in the performance of his or her official duties. In addition, the acceptance of a gift offered in relation to any proceedings such as decision, approval, disapproval, recommendation, rendering of advice, investigation, auditing or any other advisory capacity is also prohibited.
C. 
Campaign contributions. No public official shall use his or her position to influence other public officials to make political campaign contributions.
D. 
Contracts with County. Except as set forth by § 946.13, Wis. Stats., no public official shall, in his or her official capacity, negotiate, bid for, participate in the making of a contract or enter into a contract in which he or she has a private economic interest.
E. 
Use of public property. No public official shall request or knowingly permit the use of County services or of County-owned vehicles, equipment, materials or property for nonauthorized, nongovernmental purposes or personal profit or benefit, except when such services or uses are available to the general public.
F. 
Use and disclosure of confidential information. No public official shall knowingly use or disseminate confidential information for actual or anticipated personal gain or for the actual or anticipated gain of any other person. Nor shall a public official, without proper legal authorization, disclose confidential information gathered in the course of public employment or during closed meetings to an unauthorized person.
G. 
Influence peddling. No public official shall use or attempt to use his or her public position to influence or gain unlawful benefits or to influence or gain advantage or privileges for himself or herself or others.
H. 
Personal services. No public official shall require another public official to perform any private work or private or personal service.
I. 
Issuance of permits. No public official empowered to issue a discretionary permit under either the state or local laws or regulations shall issue any such permit to himself or herself or to any member of that public official's immediate family without first revealing in writing the request for such permit to that public official's immediate supervisor.
J. 
Conducting private business on County time. No public official shall engage in his or her private business while he or she is engaged in his or her public duties.
[Amended by Ord. No. 2005-17; 9-11-2019 by Res. No. 2019-16; 10-9-2019 by Ord. No. 2019-12]
A. 
Any public official who, in the discharge of his or her official duties, is involved in or may be involved in any matter that could result in this Code of Ethics being applicable to the circumstances shall prepare a written request for an advisory opinion describing such matter and the nature of the possible conflict or breach. This request shall be delivered to the Washington County Clerk for transmittal to the Ethics Board Chairperson for Ethics Board review and recommendation. In the case of employees, this statement shall also be delivered to his or her department head; in the case of department heads, to the County Executive; in the case of a County Supervisor, to the County Board Chair; and in the case of the County Board Chair and County Executive, to the Office of the County Attorney. The public official is to withdraw from further participation in the potential conflict or breach until such time as the Board renders its advisory opinion. The requesting public official shall be guided by the opinion rendered. Nothing in this chapter shall prevent a public official from seeking an advisory opinion for any reason for which he or she believes such an opinion may be useful in the discharge of his or her official duties. In all cases, the requesting public official shall have the opportunity to present his or her interpretation of the facts at issue and of the applicability of the provisions of the Code of Ethics before the advisory opinion is rendered. The provisions of § 19.59, Wis. Stats., relating to the confidentiality of advisory opinions shall apply to all advisory opinions rendered under this chapter.
[Amended 11-9-2022 by Ord. No. 2022-5]
B. 
Non-Washington County government employment which may be related to the public official's County duties and membership in social, political, fraternal, charitable, or religious organizations are not prohibited. However, it is the responsibility of the public official to ensure that non-Washington County government employment or membership does not conflict or interfere with the complete and proper discharge of his or her duties for the County.
C. 
If a conflict-of-interest matter reported by an employee, in writing, to the department head cannot be resolved at a departmental level through reassignment of specific duties or other means and/or further clarification is needed, the matter shall be referred on behalf of the employee by the department head to the Ethics Board for an advisory opinion.
D. 
It is prima facie evidence of intent to comply with the Code of Ethics when a public official seeks advice from the department head, the County Attorney and/or from the Ethics Board on how to resolve a real or potential conflict situation and abides by that advice.
Any public official who has or whose family has a personal or economic interest in any proposed legislation before the County Board and who participates in discussion with or gives an official opinion or recommendation to the County Board on that proposed legislation shall make disclosure of the nature and extent of such personal or economic interest, to be recorded in the journal of proceedings prior to or during the initial discussion of the particular legislation.
[Amended by Ord. No. 2005-17]
A. 
Creation. There is hereby created an Ethics Board to consist of three members and one alternate. The members of the Ethics Board shall be residents of the County and shall not be County public officials during the time of their service. The members of the Ethics Board shall be appointed by the County Executive, subject to approval by the County Board. The County Attorney shall provide legal advice, secretarial support and assistance to the Board. The Office of County Clerk shall be the official designee for receipt and maintenance of all official papers and records of the Board.
[Amended 8-12-2020 by Ord. No. 2020-6]
B. 
Term and membership. The terms of office shall be three years, except that when the initial appointments are made, one member shall be appointed for one year, one for two years, and one for three years. The alternate shall serve on the Board when one of the members of the Board is unavailable. The term of the alternate shall be three years. A Chairperson of the Ethics Board shall be elected by the members of the Board and shall serve until replaced. In the event that a member or alternate leaves the Board prior to the completion of his or her term, a new member or alternate shall be appointed in the same manner to serve the balance of the term.
C. 
Quorum. A quorum of the Ethics Board shall be three members. A majority vote of the Board shall be required for any action taken by the Board, with the exception that action taken by the Board pursuant to a hearing conducted under this chapter shall require a unanimous vote.
D. 
Rules. The Ethics Board shall develop and promulgate written rules of procedure which shall be filed with the Office of the County Clerk.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
E. 
Compensation. Each member of the Board shall be compensated for services and mileage as provided in Chapter 49, Finance and Taxation, § 49-4, of the Code of Washington County.
F. 
Supplies. The County Board shall provide a suitable meeting room and all other necessary supplies and conveniences to enable the Board to perform its duties.
G. 
Duties. The Ethics Board shall perform all duties specified in this chapter, including, but not limited to, issuing advisory opinions, upon proper request, as set forth in § 40-5 of this chapter, and to review and hear properly filed complaints alleging violations of the Ethics Code described herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
H. 
Complaint procedure.
(1) 
The Board shall accept from any identified person a notarized complaint, in writing, which states the name of the public official alleged to have committed a violation of this Code of Ethics and which shall set forth the particulars thereof. The notarized complaint shall be filed in the Office of the County Clerk, which is the office designated to receive documents on behalf of the Board. The Board shall forward within 10 business days a copy of the complaint to the accused public official. The Board shall meet within 30 days of receipt of a notarized complaint to determine appropriate action. If the Board determines that the notarized complaint does not allege facts sufficient to constitute a violation of the Code of Ethics, it shall dismiss the complaint and notify the complainant and the accused. If the Board determines that the notarized complaint alleges facts sufficient to constitute a violation of the Code of Ethics, it may make an investigation with respect to any alleged violation after notifying the accused public official in writing. Such notice shall state the exact nature and purpose of the investigation, the public official's specific action or activities to be investigated and a statement of the public official's due process rights. If the Board determines that the notarized complaint was brought for harassment purposes, the Board shall so state.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
(2) 
If, after investigation, the Board finds that probable cause exists for believing the allegations of the complaint, then not later than 30 business days after such finding is made, the Board shall announce that it will conduct a hearing. The Board shall give the complainant and the accused at least 20 business days' notice of the hearing date. The hearing shall be closed to the public unless the accused requests that it be opened. All evidence, including certified copies of records and documents which the Board considers, shall be fully offered and made part of the record of the case. Every party shall be offered, during all stages of any investigation or proceeding conducted under this Code of Ethics, adequate opportunity to rebut or offer countervailing evidence. The accused shall have an adequate opportunity to examine all documents and records to be used at a hearing under this chapter at a reasonable time prior to the date of the hearing. During the hearing, the parties shall have the opportunity to present witnesses, confront and cross-examine adverse witnesses, and establish all pertinent facts. The evidence presented shall be limited to the scope of the charge(s) made in the complaint.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
(3) 
The burden of proving the violation(s) alleged in the complaint shall be on the complainant. Violations shall be proved by evidence that is clear, satisfactory and convincing.
(4) 
The Board shall keep a record of the hearing. The Board shall have the power to compel the attendance of witnesses and to issue subpoenas as granted to other boards and commissions under § 885.01(3), Wis. Stats.
(5) 
Within five business days of the conclusion of the hearing, the Board shall file its written findings and recommendations signed by all participating Board members, together with findings of fact and conclusions of law concerning the propriety of the conduct of the public official. If the Board determines that no violation of the Code of Ethics has occurred, it shall dismiss the complaint and, if requested to do so by the accused, issue a public statement.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
(6) 
No recommendation of the Board becomes effective until 20 business days after it is issued, or while an application for rehearing or a rehearing is pending, expressly or by implication, or the Board has announced its final determination on rehearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
(7) 
Penalties. If, after investigation and a hearing, the Ethics Board determines that a violation of the Code of Ethics has occurred, it shall refer its findings and a recommendation for sanction to the appropriate supervising authority. In the case of a County employee, the referral shall be made to the employee's department head, and in the case of a department head, the referral shall be made to the County Executive, and in the case of an elected official, the Executive Committee for referral to the County Board. The recommendation may be private reprimand, public reprimand, suspension without pay, discharge or forfeiture (private reprimand, public reprimand and forfeiture pursuant to the Code of Washington County will be the only sanctions which apply to elected officials and appointees to boards, commissions, committees and panels) as is appropriate for the category of public official being sanctioned. However, other statutory procedures and penalties may apply. Any action taken by a public official in violation of this code may be deemed void.
[Amended 9-11-2019 by Res. No. 2019-16; 10-9-2019 by Ord. No. 2019-12]
(8) 
Appeals process. The accused public official shall have the right to a rehearing with the Ethics Board, provided a request for rehearing is filed with the Board within 10 business days of the date of the decision. Only one rehearing shall be granted by the Board for each case. An application for rehearing is governed by such general rules as the Board may establish. The rehearing shall be held within 30 business days of the Ethics Board receiving the application for rehearing. The accused and the complainant will have a minimum of 10 business days' notice prior to the rehearing date. Both the complainant and the accused shall have the opportunity to present arguments to the Ethics Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
I. 
Opinion from County Attorney available. In the event that the Ethics Board is unable to timely convene in order to render an advisory opinion, an advisory opinion may be requested from the County Attorney following the same submittal procedure as set forth in § 40-5.
J. 
Records and proceedings of the Board. Records of the Board's opinions, opinion requests, hearing records, complaints, investigative materials, closed session meeting minutes and other records of violations shall be closed to public inspection. The Board may, however, make such records or proceedings public with the consent of the individual requesting an advisory opinion or the accused in the case of an alleged violation.
Nothing in this code shall deny any County public official or employee the right as a citizen under the Constitution of the United States of America, Constitution of the State of Wisconsin, Wisconsin Statutes or any other bona fide regulations of the state.
Violations of any of the provisions of this chapter that may constitute a cause for suspension, removal from office or employment or other disciplinary action shall be brought only under the authority of the applicable Wisconsin Statutes.
If any portion of the Ethics Code (this chapter) is adjudged unconstitutional, invalid or unenforceable by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby.
The provisions of the Ethics Code (this chapter) supersede all other provisions relating to ethics, except, where an ordinance or state statute is more restrictive, then that provision shall continue in full force and effect to the extent of greater restriction.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
Any person who violates any of the provisions of this chapter shall be subject to a forfeiture of not less than $100 nor more than $1,000 for each offense.