[HISTORY: Adopted by the Village Board of the Village of
Williams Bay as § 1.13 of the 2011 Code. Amendments noted
where applicable.]
A.
The proper operation of democratic government requires that public
officials and employees be independent, impartial and responsible
to the people; government decisions and policy be made in the proper
channels of the government structure; public office not be used for
personal gain; and the public have confidence in the integrity of
its government. In recognition of these goals, there is hereby established
a Code of Ethics for all Village officials and employees, whether
elected or appointed, paid or unpaid, including members of boards,
committees and commissions of the Village. The purpose of the code
is to establish guidelines for ethical standards of conduct for all
such officials and employees by setting forth those acts or actions
that are incompatible with the best interests of the Village and by
directing disclosure by such officials and employees of private financial
or other interests in matters affecting the Village.
B.
The Village Board recognizes that the representatives of the Village
are drawn from society and therefore cannot and should not be without
all personal and economic interest in the decisions and policies of
government and that citizens who serve as Village officials and employees
retain their rights as citizens to interest of a personal and economic
nature. The standards of ethical conduct for Village officials and
employees need to distinguish between those minor and inconsequential
conflicts that are unavoidable in a free society and those conflicts
which are substantial and material and that Village officials and
employees may need to engage in employment, professional or business
activities other than official duties in order to support themselves
or their families and to maintain investments which activities or
investments do not conflict with the specific provisions of this code.
The provisions and purpose of this code and such rules and regulations
as may be established are hereby declared to be in the best public
interest. It is the intent of the Village Board that in its operations
the Board of Ethics shall protect to the fullest extent possible the
rights of individuals affected.
Public officials and employees are agents of public purpose
and hold office for the benefit of the public. They are bound to uphold
the Constitution of the United States and the Constitution of this
State and to carry out impartially the laws of the nation, State and
Village and thus to foster respect of all government. They are bound
to observe in their official acts the highest standards of morality
and to discharge faithfully the duties of their office regardless
of personal considerations, recognizing that the public interest must
be their primary concern.
As used in this chapter, the following terms shall have the
meanings indicated:
Any money or property, favor, service, payment, advance,
forbearance, loan or promise of future employment, but does not include
compensation and expenses paid by the state, fees, honorariums and
expenses which are permitted and reported under § 19.56,
Wis. Stats., and political contributions which are reported under
Ch. 11, Wis. Stats.
Any interest which shall yield directly or indirectly a monetary
or other material benefit to the officer or employee or to any person
employing or retaining the services of the officer or employee.
Any person, corporation, partnership or joint venture.
A.
No official or employee shall accept anything of value, whether in
the form of a gift, service, loan or promise, from any person which
may tend to impair his independence of judgment or action in the performance
of his official duties.
B.
It is not a conflict of interest for any public employee or official
to receive a gift or gratuity that is an unsolicited item of nominal
intrinsic value.
C.
No public official or employee shall engage in any business or transaction
or shall act in regard to any financial interest, direct or indirect,
which is incompatible with the proper discharge of his official duties
for the benefit of the public, contrary to the provisions of this
Code or which would tend to impair his independence of judgment or
action in the performance of his official duties.
D.
No public official or employee shall engage in or accept private
employment or render service for private interest when such employment
or service is incompatible with the proper discharge of his official
duties or would tend to impair his independence of judgment or action
in the performance of his official duties unless otherwise permitted
by law, unless disclosure is made as hereinafter provided.
E.
No public official or employee and no business in which a Village
official or public employee holds a 10% or greater interest may enter
into a contract with the Village involving a payment or payments of
more than $3,000 within a twelve-month period unless such official
or employee has first made a written disclosure of the nature and
extent of such relationship or interest to the Board and to the department
acting for the Village in regard to such contracts. This subsection
does not affect the application of § 946.13, Wis. Stats.
F.
No official or employee shall disclose confidential information concerning
the property, government or affairs of this Village nor shall he use
such information to advance the financial or other private interest
of himself or any other person.
G.
Any member of the Village Board who has financial interest in any
proposed legislation before the Village Board shall disclose on the
records of the Board the nature and extent of such interest prior
to or during the initial discussion on such legislation. Any other
official or employee who has a financial interest in any proposed
legislative action of the Village Board and who participates in discussion
with or gives an official opinion or recommendation to the Village
Board shall disclose on the records of the Board the nature and extent
of such interest.
A.
There is hereby created an Ethics Board consisting of three members
and one alternate who shall serve without compensation unless the
Village Board otherwise provides. The members of the Board of Ethics
shall be residents of the Village and shall not be elected officials,
full-time appointed officials, or Village employees nor shall they
be currently serving on any other Village board or commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Each member shall be appointed by the President and subject to the
confirmation by the Village Board. The Village Attorney shall furnish
the Board whatever legal assistance necessary in carrying out its
functions. 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.
C.
The alternate shall serve on the Board when one of the members of
the Board is unavailable. The term of the alternate shall be for three
years. The Ethics Board shall elect its own Chairperson and Vice Chairperson.
A.
The Ethics Board shall adopt and develop written rules which shall
be submitted to the Village Board for approval. A copy of such rules
shall be filed with the Village Clerk.
B.
Any person to whom this chapter applies may apply to the Ethics Board
for an advisory opinion and shall be guided by the opinion rendered.
Such person shall have the opportunity to present his interpretation
of the facts at issue and of the applicability of provisions of the
Code before the advisory decision is rendered. The Board's deliberations
and action upon such applications shall be in meetings not open to
the public. Records of the Board's opinions, opinion requests and
investigations of violations shall be closed to public inspection.
The Board, however, may make such records public with the consent
of the individual requesting the advisory opinion.
C.
The Board shall investigate any complaint properly filed with it.
D.
The Board shall accept from any person or make upon its own motion
a verified complaint in writing which shall state the name of the
officer or employee alleged to have committed a violation of this
chapter and which shall set forth the particulars thereof. The Board
shall forward within 10 days a copy of the complaint to the officer
or employee who is accused. If no action on the verified complaint
is taken by the Board within 60 days, the complaint shall be void.
E.
Following the receipt or motion of a verified complaint, the Board
may make preliminary investigations with respect to alleged violation
of this chapter. No preliminary investigation of the activities of
any officer or employee may be initiated unless such officer or employee
is notified in writing. The notice shall state the exact nature and
purpose of the investigation, the individual's specific actions or
activities to be investigated and a statement of such person's due
process rights.
F.
If after such investigation the Board finds that probable cause exists
for believing the allegations of the complaint, it shall conduct a
hearing on the matter which shall be held not more than 30 days after
such finding. The Board shall give the accused at least 20 days' notice
of the hearing date. Such hearings shall be at open session unless
the accused petitions for a hearing closed to the public. The rules
of criminal evidence shall apply to such hearings. All evidence, including
certified copies of records and documents which the Board considers,
shall be fully offered and made part of the record in the case. Every
party shall be afforded adequate opportunity to rebut or offer countervailing
evidence.
G.
During all stages of any investigation or proceeding conducted under
this section, the accused or any person whose activities are under
investigation shall be entitled to be represented by counsel of his
own choosing.
H.
The accused or his representative shall have an adequate opportunity to examine all documents and records to be used at the hearing under Subsection F at a reasonable time before the date of the hearing as well as during the hearing; bring witnesses; establish all pertinent facts and circumstances; and question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses.
I.
The Board shall have the power to compel the attendance of witnesses
and to issue subpoenas granted other boards and commissions under
§ 885.01(3), Wis. Stats.
J.
Upon conclusion of the hearing, the Board shall file its decision
within five days in writing signed by all participating Board members
with findings of fact and conclusions of law concerning the propriety
of the conduct of the officer or employee and, if appropriate, refer
the matter to the Village Board or other proper authority with a recommendation
for suspension, removal from office or employment of other disciplinary
action.
K.
The affirmative vote of a majority 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 Subsection F shall require a unanimous vote.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
