[Amended 7-14-2014 by Ord. No. 11-2014]
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 the
best interest of the people, the community and the government and
in the proper channels of governmental structure; that public offices
and employment not be used for personal gain, and that the public
have confidence in the integrity of its government. To assist in attaining
these goals, there is established a Code of Ethics for all Mt. Pleasant
("Village") officials, including members of boards, committees, commissions,
the Village President and employees, whether elected or appointed,
paid or unpaid.
[Amended 7-14-2014 by Ord. No. 11-2014]
(a) 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.
(b) 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.
[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.
ASSOCIATED (when used with reference to 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
(a)
An individual's spouse; and
(b)
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.
VALUABLE AND SUFFICIENT CONSIDERATION
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.
[Amended 7-14-2014 by Ord. No. 11-2014]
(a) 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.
(b) 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:
(1) 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.
(2) 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:
a. Intentionally or unintentionally permitting the use of Village property,
equipment or vehicles by unauthorized persons;
b. 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;
c. Using property owned by the Village or services paid for with Village
funds for personal gain or to maintain or support a private business;
d. Violating any portion of the Village's "computer hardware and software
policies."
(i) Nepotism. Public officials and employees are prohibited from:
(1) 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.
(2) 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:
(1) Sec. 19.41 - 19.59, State Ethics Law.
(2) 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.
(1) 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 the department with which he or she was associated
as a Village public official.
(2) 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.
[Amended 7-14-2014 by Ord. No. 11-2014]
(a) 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:
(1) Shall not take such action;
(2) 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.
(b) If the Village officer or employee is not a Trustee, his superior,
if any, shall assign the matter to another employee who does not have
a possible conflict of interest. If the Village officer or employee
has no immediate superior, he/she may request permission from the
Administrator to seek advice from a Village Attorney concerning the
potential need to remove himself or herself from influence over actions
and decisions on the matter on which the possible conflict exists.
(c) Nothing in this section prohibits a Trustee from making decisions
concerning reimbursement of expenses, salaries or salary-related benefits
of Trustees."