Village of Mount Pleasant, WI Code of Ethics

The purpose of this code is to establish guidelines for ethical standards of conduct for all Village officials and employees by setting forth those acts or actions which are incompatible with the best interests of the Village and by requiring such officials and employees to disclose personal interests, financial or otherwise, that could possibly be a conflict of interest in matters requiring them to take action or make a decision.

ASSOCIATED (when used with reference to an organization)

Nothing contained in this code is intended to deny to any individual the rights granted by the United States Constitution, the constitution of this state, the laws of this state or labor agreements between the Village and its bargaining units.

§ 2-83 Definitions.

[Amended 7-14-2014 by Ord. No. 11-2014]

The following definitions shall be applicable in this code:

ANYTHING OF VALUE

Any money or property, favor, gift, service, payment, advance, forbearance, loan or promise of future employment, including, but not limited to, remuneration, tickets, passes, lodging, travel, recreational expenses and admission offered and provided by persons doing business or interested in doing business with the Village. "Anything of value" does not include compensation and expenses paid by the Village of Mt. Pleasant, fees and expenses which are permitted and reported under Wis. Stats. § 19.56, political contributions which are reported under Chapter 11 of the state statutes, or hospitality expended for a purpose unrelated to public business by a person other than an organization.

Includes any organization in which an individual or a member of the individual's immediate family is a director, officer or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity or of which an individual or member of the individual's immediate family is an authorized representative or agent.

BUSINESS

Any corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, self-employed individual or any other legal entity which engages in profit-making activities.

CANDIDATE FOR ELECTIVE OFFICE

Any person who files nomination papers and a declaration under Wis. Stats. § 8.10 for the purpose of appearing on the ballot for election to an office in the Village of Mt. Pleasant or any person nominated for a Village office in an election through the write-in process and who files a declaration pursuant to Wis. Stats. § 8.10.

CONFIDENTIAL INFORMATION

Written material or oral information related to Village government, which is not otherwise subject to the public records law and which is expressly designated or marked as confidential.

CONFLICT OF INTEREST

A public official's act or failure to act in the discharge of his/her official duties which could reasonably be expected to produce or assist in producing a substantial economic or personal benefit for such official, his/her immediate family or an organization with which he/she is associated.

ECONOMIC INTEREST

Any interest that will yield directly or indirectly a monetary or other material benefit to the public official or to any person employing or retaining the services of the public official, or any member of the immediate family of said public official, except as permitted by Wis. Stats. § 946.13.

FINANCIAL INTEREST

Any interest which would yield, directly or indirectly, a monetary or other material benefit to the public official or his/her spouse or to any person employing or retaining the services of the public official or his/her spouse.

GIFT

The payment or receipt of anything of value without valuable consideration.

IMMEDIATE FAMILY

An individual's spouse; and

VALUABLE AND SUFFICIENT CONSIDERATION

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.

INCOME

The meaning given under the Federal Internal Revenue Code.

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/her official duties.

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.

PRIVILEGED INFORMATION

Information obtained under government authority which has not become a part of the body of public information.

PUBLIC OFFICIAL

Any person holding an elected Village office and candidates for elected Village office, any person holding an appointed Village office, all Village department heads, administrative managers, Village employees, and persons appointed by the President or Village Board to advisory boards, commissions, committees or panels.

Payment or compensation of an amount equivalent to the actual value of any item received. If the actual value cannot be determined, payment or compensation of a reasonable value is acceptable.

§ 2-84 Prohibited conduct.

[Amended 7-14-2014 by Ord. No. 11-2014]

Violation of work rules. Appointed officials and employees shall adhere to the rules of work and performance standards established for their positions. Officials and employees shall not exceed their authority or breach the law or ask others to do so. They shall cooperate with public officials and employees from other governmental bodies, agencies, or jurisdictions unless prohibited by law from doing so. They shall not disclose confidential information or privileged information gained in the course of, or by reason of their official positions or official activities.

Use of office for private gain. Public officials may not use their public position or office to obtain financial gain or anything of substantial value for the private benefit of themselves or their immediate family, or for an organization with which they are associated. This includes the acceptance of free or discounted admissions to athletic or other entertainment events. This provision does not prohibit public officials from accepting complimentary tickets or invitations to dinners and similar functions when invited in their official capacity. Local public officials are not prohibited from using the title or prestige of their offices to obtain campaign contributions that are permitted and reported as required by Wis. Stats. Ch. 11.

(c)

Offering or receiving anything of value. No person may offer or give to a public official, directly or indirectly, and no public official may solicit or accept from any person, directly or indirectly, anything of value if it reasonably could be expected to influence the public official's vote, official actions or judgment, or reasonably could be considered as a reward for any official action or inaction on the part of the official.

Candidates for office or public officials may not utilize their vote to influence or promise to take or refrain from taking official action on matters under consideration or upon condition that any 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. Stats. § 11.05, or any person making a communication that contains a reference to a clearly identified public official or candidate for public office.

(d)

Taking action affecting a matter in which an official has financial interest. Public officials may not take any official action that substantially affects a matter in which the official, a member of the official's immediate family, or an organization with which the official is associated has a substantial financial interest. Nor, may the official's office be used in a way that directly or indirectly produces or assists in the production of a substantial benefit for the official, or one or more members of the official's immediate family, or an organization with which the official is associated.

However, public officials are not prohibited from taking any action concerning the lawful payment of salaries, employee benefits or reimbursement of actual and necessary expenses. Nor are the officials prohibited from taking official action with respect to any proposal to modify Village ordinances.

(e)

Use and Disclosure of Confidential Information. Public officials shall not knowingly use confidential information for actual or anticipated personal gain or for the actual or anticipated gain of any other person. Nor shall public officials, without proper legal authorization, disclose confidential information gathered in the course of public employment to an unauthorized person.

(f)

Issuance of permits. Public officials empowered to issue a discretionary permit pursuant to either state or local laws or regulations shall not issue any such permit to themselves or to any member of that public official's immediate family without first revealing in writing the request for such permit to that person's immediate supervisor or to the Village Board committee that regulates the subject of such permit.

(g)

Bribery. Public officials and employees are prohibited from accepting any money, property or other personal advantage they are not authorized to receive from anyone who promises this with the intention of influencing the public official or employee's conduct regarding any matter in which law is pending.

(h)

Misconduct in office. Public officials and employees are prohibited from:

Intentionally failing or refusing to perform a known mandatory, nondiscretionary ministerial duty of their office or employment within the time or in the manner required by law.

Performing an act knowingly in excess of their lawful authority or one in which they know they are forbidden by law to do in their official capacity.

(3)

Whether by act of commission or omission, exercising a discretionary power in a manner inconsistent with the duties of their office or employment or the rights of others and with intention to obtain a dishonest advantage for themselves or another.

(4)

Intentionally falsifying an account, record book, return, certificate, report or statement in the officers' or employees' official capacity.

(5)

Intentionally soliciting or accepting anything of value, known by the officers or employees to be greater or less than is fixed by law, for the performance of any service or duty.

(6)

Using Village property in a manner that is prohibited by policy, or that causes unnecessary costs, congestion, disruption or damage to Village property, or other inappropriate uses which include, but are not limited to:

Intentionally or unintentionally permitting the use of Village property, equipment or vehicles by unauthorized persons;

Using Village logos or titles to misrepresent materials as official or misrepresenting, either implicitly or explicitly, personal views or comments as an official Village policy or position;

Using property owned by the Village or services paid for with Village funds for personal gain or to maintain or support a private business;

Violating any portion of the Village's "computer hardware and software policies."

(i)

Nepotism. Public officials and employees are prohibited from:

Using their public office to obtain employment for the officials' spouses or dependent relatives. However, if the official is not involved in the hiring, promotion or conditions of employment, a qualified spouse or dependent may be hired or promoted.

Advocating for or hiring or promoting, or exercising jurisdiction, supervision or direction over someone the official is related to as a parent, grandparent, child, grandchild, sibling, parent-in-law, grandparent-in-law, brother-in-law, sister-in-law, uncle, aunt, niece, nephew or spouse.

(j)

Incompatibility of offices. Officials or employees shall not engage in or accept private employment or render service, for private interest, when such employment or service conflicts with the proper discharge of their official duties or would tend to impair such officials' or employees' independence or judgment or action in the performance of such duties, unless otherwise permitted by law and unless disclosure is made as herein provided.

(k)

Statutory Standards of Conduct. 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 the Code of Ethics and shall apply to public officials and employees whenever applicable, to wit:

Sec. 19.41 - 19.59, State Ethics Law.

Sec. 946.10, Bribery of Public Officers and Employees.

(3)

Sec. 946.12, Misconduct in Public Office.

(4)

Sec. 946.13, Private Interest in Public Contract Prohibited.

(l)

Post employment.

No former Village public official, for 12 months following the date on which he or she ceases to be a Village public official, may, for compensation on behalf of any person other than a governmental entity, make any formal or informal appearance before, or try to settle or arrange a matter by calling, writing, or conferring with, any officer or employee of a department in connection with any judicial or quasi-judicial proceeding, application, contract, claim, or charge which might give rise to a judicial or quasi-judicial proceeding in which the former Village public official participated personally and substantially in his or her former official capacity.

§ 2-85 Action upon conflict of interest.

[Amended 7-14-2014 by Ord. No. 11-2014]

If any Village officer or employee who, in the discharge of official duties, is required to take an action that is prohibited by this article, and which would result in a conflict of interest, such Village officer or employee:

Shall not take such action;

Shall prepare a written statement describing the matter requiring action or decision, and the nature of the possible conflict of interest with respect to such action or decision;

(3)

Shall deliver copies of such statement to his/her immediate superior, if any.

(4)

In the case of a Trustee, may deliver a copy of such statement to the Village Administrator and Village Board. The Village Clerk/Treasurer shall cause such statement to be printed in the official proceedings and, upon request, such Trustee shall be excused from voting, deliberating and taking other actions on the matter on which a possible conflict exists.