The following definitions shall be applicable in this chapter:
ANYTHING OF VALUE
Any gift, favor, loan, service or promise of future employment,
but does not include reasonable fees and honorariums, or the exchange
of seasonal, anniversary or customary gifts among relatives and friends.
BUSINESS
Any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual or
any other legal entity which engages in profit-making activities.
FINANCIAL INTEREST
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.
PERSONAL INTEREST
The following specific blood or marriage relationships:
A.
A person's spouse, mother, father, child, brother, sister or
first cousin (natural or step); or
B.
A person's relative by blood or marriage who receives, directly
or indirectly, more than 1/2 support from such person or from whom
such person receives, directly or indirectly, more than 1/2 of his/her
support.
PUBLIC EMPLOYEE
Any person excluded from the definition of a public official
who is employed by the City.
PUBLIC OFFICIAL
Those persons serving in statutory elected or appointed offices
provided for in Chapter 62 of the Wisconsin Statutes, and all members
appointed to boards, committees and commissions established or appointed
by the Mayor and/or City Council pursuant to this Code of Ordinances,
whether paid or unpaid.
SIGNIFICANT INTEREST
Owning or controlling, directly or indirectly, at least 10%
or $5,000 of the outstanding stock of any business.
STAFF
Any full- or part-time employee of the City.
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 this Code of Ethics and shall apply to public officials
and employees, whenever applicable:
A. Section 19.59, Codes of ethics for local government officials, employees
and candidates.
B. Section 946.10, Bribery of public officers and employees.
C. Section 946.11, Special privileges from public utilities.
D. Section 946.12, Misconduct in public office.
E. Section 946.13, Private interest in public contract prohibited.
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 carry out impartially the laws of the nation, state and
municipality, 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 prime concern. Their conduct in both their
official and private affairs should be above reproach so as to foster
respect for government.
[Amended 5-5-2021 by Ord. No. 07-2021]
When an official or employee has doubt as to the applicability
of a provision of this Ethics Code to a particular situation or definition
of terms used in this chapter, he/she should apply to the Ethics Board,
which may ask the City Attorney for an advisory opinion and will be
guided by that opinion when given. The official or employee shall
have the opportunity to present his/her interpretation of the facts
at issue and of the applicability of provisions of this chapter before
such advisory decision is made. This chapter shall be operative in
all instances covered by its provisions except when superseded by
an applicable statutory provision and statutory action is mandatory,
or when the application of a statutory provision is discretionary
but determined by the City Attorney to be more appropriate or desirable.
Advisory requests and opinions shall be kept confidential, except
when disclosure is authorized by the requestor, in which case the
request and opinion may be made public.
In the event an employee, covered under a collective bargaining
agreement, is allegedly involved in an Ethics Code violation, the
terms and conditions set forth in the applicable collective bargaining
agreement shall prevail in the administration and interpretation of
this Ethics Code.
No full-time officer or employee of the City shall engage in
any other remunerative employment in or out of the City, provided
that the City Council may approve such outside employment or activity
if it finds that it does not interfere or conflict with such officer's
or employee's ability to perform his/her duties in an efficient and
unbiased manner. Violation of this provision shall be grounds for
removal from office of any such officer or employee.
[Added 5-5-2021 by Ord. No. 04-2021]
The members of the City of Amery Ethics Board shall be appointed
by the Mayor, subject to confirmation by the City Council.
A. Membership. The Ethics Board shall consist of three citizen members
with two members present constituting a quorum. These members cannot
be City employees, elected or appointed officials, or members of other
boards, committees, or commissions within the City. The Ethics Board
shall elect its own Chairperson, Vice Chairperson and Secretary. The
City Administrator may request or provide staff assistance, and the
City Attorney shall provide legal assistance and advice as needed.
B. Terms of office. The term of the citizen members shall be three years,
with appointments to be staggered so that no more than one member
is appointed each year.
C. Rule-making authority. The Ethics Board shall develop and adopt reasonable
rules of procedure.
D. Responsibilities and duties. The Ethics Board shall:
(1) Administer and enforce the provisions of this chapter and the applicable
provisions of Wis. Stats. §§ 17.12; 17.16; and 62.13
(6m).
(2) Issue written advisory opinions regarding the propriety of any matter
to which an individual subject to this chapter is or may become a
party. An advisory opinion may be requested by the individual or,
in the case of an individual under consideration for appointment as
an official or employee, by the appointing officer or authority with
the consent of the prospective appointee. Officials and employees
shall be afforded an opportunity to appear before the Board and present
facts at issue in the interpretation and administration of the Code
of Ethics established by provisions in this chapter before an advisory
opinion is issued.
(3) Any person accused of or investigated for a violation of this chapter
shall be given notice of such accusation or investigation and shall
be given a hearing before the Ethics Board before any final determination
is made or penalty is imposed. Any final determination of a violation
of this chapter made by the Ethics Board shall be made in writing,
and a party to the proceeding shall have 30 days from receipt of the
written determination to appeal such determination pursuant to § 68.13,
Wis. Stats. This subsection does not apply to those individuals for
which the processes outlined in Wis. Stats. §§ 17.12,
17.16 and 62.13 (6m) are required. The Ethics Board can make a recommendation
to the City Council for removal, but they do not get the final determination
of whether to actually remove a person from their position. The authority
belongs to the City Council.
E. Optional powers. The Ethics Board may:
(1) Issue subpoenas, administer oaths and investigate any violation of
this chapter on its own motion or upon complaint by any person.
(2) Develop and make recommendations to the City Council with respect
to amendments to this chapter.
F. Records closed. Records of the Board's investigations of alleged
violations shall, at the Board's discretion, be closed in whole
or in part to public inspection.
G. Severability. Should any section, clause, provision, or portion of
this section be adjudged unconstitutional or invalid, unlawful, or
unenforceable by a final order of a court of competent jurisdiction,
including all applicable appeals, the remainder of this section shall
remain in full force and effect.
H. Effective date. Upon passage and publication, this section shall
take effect and be in force as provided by law.