Authority for this ethics article derives from § 19.59(1m),
Wis. Stats.
A.
The following sections of the Wisconsin Statutes, as amended from
time to time, are incorporated by reference and made a part of this
article: § 19.01, § 19.21, §§ 19.81
to 19.98, § 19.59 and §§ 946.10 to 946.18.
B.
Board members shall comply with the sections of the Wisconsin Statutes
incorporated in this article and failure to do so shall constitute
a violation of this article.
A.
The proper operation of democratic government requires that public
officials and employees be independent, impartial and responsible
to the people; 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, this article applies to all officials
and employees of the County, whether elected or appointed, and to
members of County boards and commissions. The purpose of this article
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 County and by
directing disclosure by such officials and employees of private financial
or other interests in matters affecting the County. Nothing contained
in this article is intended to deny to any individual the rights granted
by the United States Constitution, the state constitution, the laws
of the state, or the rights stated by labor agreements negotiated
with certified employee bargaining representatives, or the rights
accorded individuals by virtue of resolutions or ordinance of the
County Board or by any other provision of law.
B.
The proper operation of County government demands that:
(1)
Green Lake County officials and employees be independent, impartial
and responsible to the people;
(2)
Decisions be made in the proper channels of the County governmental
structure;
(3)
County offices should not be used for personal gain; and
(4)
County business should be conducted in such a way as to reinforce
the public's confidence in its integrity.
The purpose of this article is to establish ethical standards
of conduct for all County officials and employees by identifying those
acts or actions that are not compatible with the best interests of
the County. Because representatives of the County are drawn from society,
they cannot and should not be without all personal and economic interest
in the decisions and policies of government. Citizens who are appointed
to serve as County officials and employees retain their rights as
citizens to personal and economic interests. Therefore, the standards
of ethical conduct for County officials and employees must distinguish
between minor and inconsequential conflicts which are unavoidable
and those conflicts which are substantial and material. The provisions
of this article, and such rules and regulations that may be established,
are to be interpreted in the context of the above principles and are
deemed to be in the best interest of the public.
This article applies to every County official and employee.
In this article, the following words, terms and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
An interpretation requested by an official or employee and
issued by the Ethics Board regarding the propriety of any matter to
which the official or employee is or may become a party.
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
expense, and admission offered and provided by persons doing business,
or interested in doing business, with the County. Anything of value
does not include such things as compensation and expenses paid by
the state or County, political contributions that are reported under
Ch. 11, Wis. Stats., occasional meals and beverages, fees, honorariums
and expenses, unsolicited advertising or promotional material such
as pens, pencils, notepads, calendars, informational or educational
materials of unexceptional value, plaques, or other advertising giveaways,
hospitality of nominal value or extended for a purpose unrelated to
County business, business-related seminars, trade shows or other training-related
activities or any other thing which is not likely to influence the
judgment of individuals covered by this article.
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.
All persons filling an allocated position of County employment
and all members of boards, committees, and commissions except members
of the County Ethics Board and those individuals included in the definition
of "official."
Any individual related to a public official as spouse, parent,
child, sibling, grandparent, grandchild, parent-in-law, sibling-in-law
and step relations of the above, or a legal designee for tax purposes.
Any interest that shall yield, directly or indirectly, a
monetary or other material benefit to the official or employee or
to any person employing or treating the services of the official or
employee.
An official or employee's spouse or family member who contributes
more than half the support of the official or employee or receives
that level of support from the official or employee.
All County department heads or directors, County supervisors,
and all other County elected officers, except judges and district
attorneys.
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.
Any interest arising from blood or marriage relationships
or from close business or political associations, whether or not any
financial interest is involved.
Any written or oral material related to County government
which has not become part of the body of public information and which
is designated by statute, court decision, lawful orders, ordinances,
resolution or custom as privileged.
A.
County officials and employees are agents of public purpose and hold
office to serve the public interest. They are bound to uphold the
Constitution of the United States, the Constitution of the State of
Wisconsin and to carry out efficiently and impartially all laws of
the United States, the State of Wisconsin and Green Lake County.
B.
Each is bound to observe in their official acts the standards of
ethics set forth in this article, state statutes and faithfully discharge
the duties of their office in the highest standards of morality and
regardless of personal considerations, recognizing that the public
interest must be their primary concern. Their conduct in both their
official and private affairs should be above reproach to foster respect
for all government.
A.
The Green Lake County Board of Supervisors is a nineteen-member team
responsible for the ensuring that the County is properly managed by
planning, implementing policy and making decisions where the Board
of Supervisors has reached agreement in a regular or special session.
Members of the Board of Supervisors act on behalf of and for the welfare
of the people in their respective districts and for the benefit of
the County as a whole.
B.
Individual Supervisors exercise the authority and responsibility
of their position only when the Board of Supervisors is in session,
but the public regards the person as a member of the Board of Supervisors
24 hours a day. The Supervisor's own interest and desire to serve
the community through membership in the Board of Supervisors continues
even when the Board of Supervisors is not in session. An individual
Supervisor has no authority and cannot speak for the Board of Supervisors
(with the exception of the Chair in certain situations), but the public
has the right to expect the member to be able to discuss the County's
matters with understanding.
C.
The Board of Supervisors can only transact business that is legally
binding on the County when the Board of Supervisors is in regular
or special session with a quorum present, or at officially designated
Committee meetings of the Board of Supervisors, and its proceedings
duly recorded in the minutes of the meeting. Members of the Board
of Supervisors shall not represent, by personal commitment, any special
group, interest, or position.
A.
No official or employee may use or disclose privileged information
gained in the course of or by reason of his or her official position
or activities in any way that could result in financial gain for himself,
herself or for any other person.
B.
No official or employee shall knowingly disclose or permit the disclosure
of confidential information to any person not authorized by statute,
ordinance, or common law to receive such confidential information.
A.
The Board of Supervisors should avoid taking direct action in the
administration of the County, thereby keeping the functions and responsibilities
of its appointed officials clear to members of the public and staff.
B.
The Board of Supervisors retains full budgetary control, legislative
authority and policymaking responsibility in accordance with Wisconsin
State Statutes and the expressed will of the electorate, but delegates
all administrative, supervisory, and instructional authority to the
County Administrator under the direction of the County Board Chair
and the Administrative Committee.
A.
At times, a person or group may confront a single Board member with
a problem or complaint that should be handled by management personnel.
Each Board member must decide how much time one can spend on complaints
and what courtesy is appropriate. The official Board of Supervisors
policy is:
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"No member, nor the Board of Supervisors itself, will officially
consider problems or complaints until they have been submitted to
the proper administrative authority and a report by the authority
is submitted to the Board of Supervisors or governing Committee, convened
in legal session."
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B.
No member of the Board of Supervisors shall consider a complaint
from any employee unless the member has determined that the complainant
has gone through the normal chain of command, including the County
Administrator. Employees should be directed to the Personnel Policies
and Procedure Manual for the proper chain of command for complaints.
C.
Public grievances or complaints should be referred to the County
Administrator or the County Board Chair. Grievances or complaints
will be handled in the following order:
(1)
Referred to the County Administrator who will investigate the matter
along with the appropriate department head and who will report to
the governing committee with jurisdiction over the matter.
(2)
Referred to the next immediate session of the Board of Supervisors
for official consideration and possible action.
D.
When a Board member seeks information about a specific problem, the
member should ask the County Administrator to prepare a report on
the matter with the aid of staff, if necessary. No single County Board
member may create a committee to investigate a complaint or grievance.
E.
If a satisfactory resolution is not achieved by this procedure, the
Board of Supervisors may, if it deems advisable, grant a hearing to
the person(s) interested and the hearings will be held during either
a regular or special session of the Board of Supervisors.
A.
Offer or acceptance of gifts. No official or employee, directly or
indirectly, may solicit or accept from any person, directly or indirectly,
anything of value without full payment, if it could reasonably be
expected to influence the official or employee's duties and responsibilities
or a vote, official actions or judgment, or could reasonably be considered
as a reward for any official action or inaction on the part of the
official or employee. An item offered or received with a fair market
value greater than the amount set by the Wisconsin Ethics Commission
(currently $25) shall give rise to a rebuttable presumption that the
item could be reasonably expected to influence the official or employee
or be considered a reward.
(1)
Examples of prohibited gifts: sporting event tickets, vacation trips,
hotel stays, televisions, gaming consoles, etc., even if entered into
a raffle drawing while engaged in County business.
(2)
Examples of permissible gifts: promotional items of a small value
with advertising prominently displayed such as baseball caps, calendars,
pens, pencils, water bottles, notepads, etc.
B.
Financial and personal interest prohibited. No official or employee,
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 the
official duties in the public interest contrary to the provisions
of this article or state statute or would tend to impair independence
of judgment or action in the performance of official duties.
C.
Incompatible employment. No official or employee shall engage in
or accept private employment or render service for private interests
when such employment or service is incompatible with the proper discharge
of official duties unless otherwise permitted by law and unless disclosure
is provided.
D.
Kickbacks. No official or employee may accept payments, gifts, gratuities
by, from or on behalf of a potential vendor, contractor, or subcontractor,
as an inducement for selection.
E.
Financial interest in legislation. Any official or employee who has
a financial interest or personal interest in any proposed legislation
before the County Board or a committee shall disclose on the record
of the County Board or the constituent committee the nature and extent
of such interest and shall refrain from participating in the discussion
of, and voting on the legislation. A member of the County Board shall
request to be excluded by the Board or Committee Chair for the duration
of any deliberations and voting on the legislation.
F.
Contracts with the County. No official or employee shall, in a private
capacity, negotiate, bid for, enter into, make or perform a contract
in which the official or employee, immediate family member or any
business or organization with which a Board member, employee, local
public official or immediate family member is associated, has a direct
or indirect financial interest, if the official or employee is authorized
by law to participate in the official or employee's capacity as such
the official or employee in the making of that contract or to perform
in regard to that contract some official function requiring the exercise
of discretion on the Board member's, employee's or local public official's
part. If the official or employee will not be involved with the contract
in an official capacity, the contract may be allowed only if awarded
through a process of public notice and competitive bidding in conformity
with all applicable laws. This provision is intended to comply with,
and in no way contradict or invalidate, the guidelines in § 946.13,
Wis. Stats.
A.
No official or employee shall grant any special consideration, treatment
or advantage to any person beyond which is available to every other
person. This section does not affect the duty of County Board Supervisors
to diligently represent their constituency.
B.
No official or employee shall request or permit the unauthorized
use of County-owned vehicles, equipment, materials, privileged information
or property for personal convenience or profit, unless those services
or use are available to the public generally.
A.
Each Board member will be provided with a County e-mail account.
While no Board member is required to conduct County business by e-mail,
a Board member who does so is required to use the County e-mail account
for all communications that pertain to County business.
B.
A Board member may communicate with other Board members by e-mail
for setting a meeting time, place and agenda; but a Board member should
not engage in any substantive discussion of County business with any
other Board member by e-mail.
C.
These standards apply to all members of County governmental bodies.
A.
Cellular and smart phone etiquette.
(1)
All cellular telephones and smart telephones shall be in silent mode
during meetings.
(2)
If a Board member is expecting a call on an important matter while
attending a meeting on County property:
(3)
If a Board member must take a call on an important matter during
a County Board meeting, he shall mark himself absent, and immediately
leave the County Board Room or meeting room before answering the telephone
call.
(4)
In no instance shall any Board member answer a personal cellular
telephone call while present in the County Board room while the Board
is in session.
(5)
In no instance shall any Board member answer a personal cellular
telephone call while present in a committee meeting.
(6)
Smart phones may be used to read and review meeting materials, and
access information pertinent to the items being discussed at a meeting.
(7)
All notifications/alerts (audible and vibrating) for phone functions
shall be turned off during meetings, e.g., incoming calls, text message,
e-mails, SMS messaging, etc.
B.
Laptops, tablets, iPads, and other computing devices.
(1)
Laptops, tablets, iPads or other computing devices may be used during
Board and committee meetings to read and review meeting materials,
and access information pertinent to the items being discussed at a
meeting.
C.
E-mail, instant or text messaging.
(1)
All communications between Board members during a County Board or
committee meeting shall be completed verbally. Exceptions to this
rule may be made in the case of a disability where the member is unable
to communicate by using his voice due to illness, injury or disability.
(2)
A Board member shall not engage in any e-mail, instant messaging
or text messaging during any Board or committee meeting with County
employees.
D.
E-MAIL
INSTANT MESSAGING
TEXT MESSAGING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A system for sending and receiving messages electronically
or over a computer network via telecommunication links between computers,
terminals, smart phones, or other electronic devices capable of sending
e-mail. Also, a message or messages sent or received on such a system.
Real-time direct text-based chatting communication between
two or more people using personal computers or other devices.
The exchange of brief written messages between a fixed-line
phone or a mobile phone and a fixed or portable device over a network.
This ethics article hereby creates an Ethics Board.
A.
Membership. The Ethics Board shall consist of five members. Three
members shall be members of the legal or law enforcement community,
one citizen member who must be a County resident, and one member of
the clergy. In no instance may a former County employee be a member
of the Ethics Board. The County Administrator or County Clerk shall
provide necessary staff assistance to the Ethics Board.
B.
Appointment and term. The County Board Chair shall appoint members
of the Ethics Board subject to the confirmation by the Board of Supervisors,
and terms of office shall be three-year staggered terms.
C.
Powers and duties. The Ethics Board shall be responsible for investigating
complaints and conducting hearings under this article. The Ethics
Board will interpret the County Code of Ethics consistent with interpretations
handed down by the State of Wisconsin Ethics Commission or its successor
boards or commissions.
D.
Assistance of counsel. The Corporation Counsel shall furnish the
Ethics Board whatever legal assistance is necessary to carry out its
functions. The Corporation Counsel may retain outside counsel to provide
this assistance as necessary. In all other sections of this article
where the term "corporation counsel" is used, it shall include any
counsel retained by the Corporation Counsel under this section.
A.
Complaints.
(1)
All complaints shall be verified and in writing. The complaint shall
state the specific provision(s) of the County Ethics Code or Wisconsin
Statutes section(s) or both believed to have been violated and shall
include sufficient information to support the allegations.
(2)
The complaint shall also include the following:
(a)
The name, address and telephone number of the complainant;
(b)
The name, address and position of the individual who is the
subject named in the complaint;
(c)
The facts constituting the alleged ethics violation(s) set forth
clearly and in detail;
(d)
If complainant(s) believes that any Board member has a conflict
of interest or bias, the complaint shall state it in the complaint.
(3)
Complaints that do not meet the minimum pleading requirements in
Subsection 2(a) and (b) above shall be dismissed without prejudice.
(4)
No action may be taken on any complaint that is filed later than
six months after a violation of the Ethics Code is alleged to have
occurred.
(5)
All written complaints shall be submitted to the County Clerk, 571
County Road A, Green Lake, WI 54941. The County Clerk shall forward
the complaint to the Chair of the Ethics Board and the Corporation
Counsel. The complaint is a public document.
B.
Preliminary procedure; notice.
(1)
The Corporation Counsel shall review the complaint to assure that
it meets all procedural and technical requirements. If the complaint
is defective, the Corporation Counsel shall notify the complainant
of the defect within 10 days of receipt of the complaint. The complainant
must correct the defect within 30 days of the Corporation Counsel's
notification or the complaint will be administratively closed.
(2)
The Corporation Counsel shall send notice, including a copy of the
complaint to the respondent(s) and complainant within seven business
days of the receipt of the complaint by the Chair. The notice shall
be sent via certified mail or by personal service.
(3)
The notice shall inform the respondent that they may file a written
statement of their position with the Ethics Board within 10 business
days of the date the notice was sent.
(4)
The respondent may request that any hearing be held in open session.
(5)
The Corporation Counsel shall contact the members of the Ethics Board
to schedule a probable cause hearing.
C.
Investigations and powers. Pursuant to any investigation or hearing
conducted under this ethics article, the Ethics Board has the authority
to:
(1)
Require any person to submit in writing such reports and answers
to questions relevant to the proceedings conducted under this article
as it may prescribe, such submission to be made within such period
and under oath or otherwise as the Ethics Board may determine.
(2)
Administer oaths and require by subpoena issued by it pursuant to
§ 885.01, Wis. Stats., the attendance and testimony of witnesses
and the production of any documentary evidence relating to the investigation
or hearing being conducted.
(3)
Order testimony to be taken by deposition before any individual who is designated by it and has the power to administer oaths, and, in such instances, to compel testimony and the production of evidence in the manner as authorized by Subsection C(2), above.
(4)
Pay witnesses the same fees and mileage as are paid in like circumstance
by the courts in Wisconsin.
(5)
Request and obtain from the Department of Revenue copies of state
income tax returns and access to other appropriate information under
§ 71.78(4), Wis. Stats., regarding all persons who are the
subject of such investigation.
(6)
Retain outside counsel and other experts as needed in connection
with any of the Ethics Board's responsibilities hereunder after solicitation
of recommendations from the office of the District Attorney and upon
such contract for services approved for content and form by the Corporation
Counsel.
D.
Hearings.
(1)
Procedure; burden of proof. All hearings conducted by the Ethics
Board under this article are subject to the following:
(a)
The burden of proof at all hearings shall rest with the complainant
to prove the allegations by evidence that is clear, satisfactory and
convincing.
(b)
The Ethics Board shall conduct all hearings in accordance with
the rules of civil procedure and shall keep a record of the hearing
and all admitted evidence at the hearing. However, the common law
or statutory rules of evidence do not apply. The Ethics Board shall
admit all testimony having reasonable probative value, but shall exclude
immaterial, irrelevant or unduly repetitious testimony. The Ethics
Board shall give effect to the rules of privilege recognized by law.
Basic principles of relevancy, materiality and probative force shall
govern the proof of all questions of fact.
(c)
All hearings shall be in closed session, pursuant to § 19.85,
Wis. Stats., unless the respondent requests an open hearing.
(d)
The Ethics Board shall convene in closed session following any
hearing for the purpose of deliberation on the evidence.
(e)
All hearings shall be conducted under oath or affirmation.
(f)
Corporation Counsel will direct the proceedings of the hearing.
(g)
The parties may make a brief opening statement to acquaint the
Ethics Board with the nature of the complaint.
(h)
The parties shall be allowed to question each other and present
witnesses on their behalf, consistent with the subject matter before
the Ethics Board.
(i)
The Ethics Board may direct questions to any party or witness.
(j)
The Ethics Board may, in its sole discretion, extend the deadlines
for taking action on a verified complaint or request. Failure of the
Ethics Board to take action within the time frames in this article
shall not preclude the Ethics Board from pursuing a complaint.
(2)
Initial/probable cause hearing.
(a)
The Ethics Board shall set a time for an probable cause hearing
on the complaint that is within 15 business days following the 10
business day time for response by the respondent. The probable cause
hearing date shall be set prior to the notice being sent out so that
the notice will include the date, time and place of the probable cause
hearing of the Ethics Board regarding the complaint.
(b)
At the probable cause hearing the Ethics Board shall determine
if it has jurisdiction over the subject matter of the complaint and
to determine if there is a basis for the complaint. The complainant
must be present. If the complainant does not personally appear, the
Ethics Board may dismiss the complaint without prejudice. If the Ethics
Board determines that there is no basis for the complaint, it may
immediately dismiss the complaint with prejudice and without further
hearing. In determining if there is a basis for the complaint, the
Ethics Board must review the complaint, assuming that every allegation
is true.
(c)
An agenda shall be filed and posted by the County Clerk prior
to the probable cause hearing and the respondent's name will not be
included in the meeting notice and public access to records pertaining
to the complaint shall be restricted in accordance with § 19.35,
Wis. Stats., unless the respondent has requested an open hearing.
(d)
The corporation counsel shall send a copy of the response(s)
received from the respondent(s) to the Ethics Board and the complainant(s)
at least five business days prior to the probable cause hearing.
(3)
Fact-finding hearing.
(a)
If after the probable cause hearing the Ethics Board finds that
probable cause exists for believing the allegation(s) in the complaint,
the Ethics Board shall schedule a fact-finding hearing not less than
30 business days after making the finding of probable cause.
(b)
If the Ethics Board sets the matter for a fact-finding hearing,
it may direct the parties to appear before it for a conference to
consider:
[1]
The clarification of issues;
[2]
The necessity or desirability of amendments to the pleadings;
[3]
The possibility of obtaining admissions of fact and of documents
which will avoid unnecessary proof;
[4]
The limitation of the number of witnesses;
[5]
Such other matters as may aid in the disposition of the action.
(c)
Upon the conclusion of the fact-finding hearing, the Ethics
Board shall adjourn into closed session for deliberations. Any person
not a member of the Ethics Board, including County Board supervisors,
shall be excluded from the Ethics Board's deliberations; however,
the County Clerk or County Administrator and the Corporation Counsel,
who are charged with providing administrative and legal assistance
to the Board, shall remain.
E.
Disposition.
(1)
Upon completion of deliberations, the Ethics Board shall issue a
written decision within 10 business days from the conclusion of deliberation
and may direct the Corporation Counsel to draft the decision for signature
by the Ethics Board Chair. The decision shall be filed with the County
Clerk's office and a copy sent to the complainant and the respondent.
(2)
If the Ethics Board determines by clear, satisfactory and convincing
evidence that a violation of this article has occurred, the Ethics
Board shall refer the matter to the proper County authority:
(a)
For matters involving allegations against a County employee
or department head: the County Administrator and governing committee;
(b)
For matters involving allegations against the County Administrator:
the Administrative Committee;
(c)
For matters involving constitutional officers, e.g., County
Clerk, Register of Deeds, Sheriff, Treasurer or Clerk of Circuit Court:
to the official or body with the authority to remove the officer from
office under County ordinance or Wisconsin Statutes.
(d)
For matters involving a County Board Supervisor, the County
Board of Supervisors.
(3)
If the Ethics Board does not find a violation by clear, satisfactory
and convincing evidence that a violation of this article has occurred,
it shall dismiss the complaint.
(4)
Recommendations. The Ethics Board may make recommendations to the
proper authority which may include, but are not limited to:
(a)
In the case of an official who is an elected County Board Supervisor,
the County Clerk, Treasurer or Surveyor, that the County Board consider
sanctioning, censuring, or removing the person under § 17.09(1),
Wis. Stats.
(b)
In the case of the Clerk of Circuit Court, referring the matter
to the Circuit Court judge to consider sanctioning, censuring, or
removing the Clerk of Circuit Court under § 17.09(2), Wis.
Stats.
(c)
In the case of the Sheriff, coroner or Register of Deeds, referring
the matter to the Governor for sanctioning, censuring, or removal
under § 17.09(3), Wis. Stats.
(d)
In the case of an employee, referring the matter to the appropriate
County officer or committee to consider discipline, up to and including
discharge of the employee.
(e)
The return of County property or funds or gifts and/or restitution
for the value of the gifts, property and funds procured, obtained
or retained as a violation of this ethics article. An order for return/restitution
shall include a deadline for return or making restitution.
(f)
An order requiring the accused to conform his or her conduct
to this article.
(g)
An order requiring an individual who has been determined to
have violated this ethics article to forfeit an amount not less than
$100 nor more than $1,000 for each offense along with a payment deadline.
(h)
Referral to the District Attorney to commence enforcement and
penalties as permitted by Wisconsin Statutes.
(5)
No recommendation of the Ethics Board becomes effective until 20
days after it is issued or while an application for rehearing or rehearing
before the Board is pending, or the Board has announced its final
determination on rehearing.
F.
Review.
(1)
Any party appearing before the Ethics Board who is dissatisfied with
the decision may request a review.
(2)
The review is initiated by filing a written request with the County
Clerk within 15 days of the Ethics Board's written decision or as
required under the grievance procedure in a collective bargaining
agreement. The filing of an appeal shall stay any recommendations
issued by the Ethics Board. The appeal shall be to the County Board
and shall be heard at the next regularly scheduled County Board meeting.
G.
Violations. It is unlawful for:
(1)
A person to violate any provision of this article or state statutes
incorporated herein.
(2)
Any person to file a complaint for the purpose of harassment, knowingly
provide false information, make a false statement, or fail to provide
or misrepresent any material fact to a County agent, board, commission,
committee, department, employee, officer, or official acting in an
official capacity under this article.
(3)
A person to disobey, fail, neglect, or refuse to comply with or otherwise
resist an order issued pursuant to this article.
H.
Penalties.
(1)
Any official or employee violating the provisions of this article
shall be subject to a nonreimbursable forfeiture of not less than
$100 nor more than $1,000.
(2)
The minimum forfeiture specified in this subsection is doubled for
a person who is convicted of violating the same provision of this
article within a twenty-four-month period.
(3)
A separate offense is deemed committed on each day that a violation
occurs or continues.
(4)
The enumerated penalties and sanctions in this section shall not
be construed to limit the authority of the Ethics Board or the County
from imposing any additional penalties or sanctions. Any person found
by the Ethics Board to have violated any portions of this article
shall be subject to private reprimand, public reprimand, denial of
salary or merit increase, suspension without pay, removal from employment
or office in accordance with Wisconsin Statutes or other disciplinary
actions pursuant to the recommendations of the Ethics Board or judgment
of the official or body to whom the decision of the Ethics Board is
referred under this section. Any action taken by an official or employee
that is deemed in violation of this section may be deemed void by
Green Lake County.
(5)
Any other recommendations or others as may be necessary and appropriate
to carry out the intent and purpose of this article.
A.
Anyone who is subject to this article may request an advisory opinion
from the Ethics Board on any matter relating to their official duties
by submitting a written request to the office of the Corporation Counsel,
but a request should be made only after the person has given the question
careful consideration.
B.
The request should:
(1)
Clearly and fully state the question presented for an opinion.
(2)
Fully state the facts giving rise to the question presented.
(3)
Identify any information that the requestor is aware of that is relevant
to the question presented. This includes identifying any specific
administrative codes, guidelines, ordinances, regulations, or statutes
that are relevant and any authorities or other sources that have been
consulted and the responses received.
C.
The Corporation Counsel shall forward a copy of the request to the
Ethics Board within five business days of its receipt.
D.
The Ethics Board shall convene to consider the request within 30
days of the date it is forwarded by the Corporation Counsel. The Ethics
Board will convene in open session, but its consideration of the request
will take place in a closed session. The Ethics Board shall provide
a written opinion within 20 business days and may direct the Corporation
Counsel to prepare the advisory opinion for signature by the Ethics
Board's Chair.
E.
The request for an advisory opinion, the record of the Ethics Board's
proceedings, and the advisory opinion are deemed confidential and
shall not be made available for public inspection, but may be made
public with the consent of the person who made the request.
F.
The Ethics Board may provide a public summary of any advisory opinion
provided that the summary does not disclose the identity of the person
who requested the opinion.
G.
A person who receives an advisory opinion shall be guided by the
opinion rendered.
