[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as Title 2, Ch. 5, of the 2004
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; that government decisions and policy be made in proper
channels of the governmental structure; 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, there
is hereby established in this chapter a Code of Ethics for all City
of Amery officials and employees, whether elected or appointed, paid
or unpaid, including members of boards, committees and commissions
of the City, as well as any individuals who are candidates for elective
office as soon as such individuals file nomination papers with the
City.
B.
The purpose of this Ethics 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 City of Amery and by directing disclosure by such officials
and employees of private financial or other interests in matters affecting
the City. The City Council believes that a Code of Ethics for the
guidance of elected and appointed officials and employees will help
them avoid conflicts between their personal interests and their public
responsibilities, will improve standards of public service and will
promote and strengthen the faith and confidence of the citizens of
this City in their elected and appointed officials and employees.
The City Council hereby reaffirms that each elected and appointed
City official and employee holds his or her position as a public trust,
and any intentional effort to realize substantial personal gain through
official conduct is a violation of that trust. The provisions and
purpose of this Ethics Code and such rules and regulations as may
be established are hereby declared to be in the best interests of
the City of Amery.
The following definitions shall be applicable in this chapter:
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.
Any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual or
any other legal entity which engages in profit-making activities.
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.
The following specific blood or marriage relationships:
A person's spouse, mother, father, child, brother, sister or
first cousin (natural or step); or
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.
Any person excluded from the definition of a public official
who is employed by the City.
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.
Owning or controlling, directly or indirectly, at least 10%
or $5,000 of the outstanding stock of any business.
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.
A.
Officials and employees should adhere to the rules of work and performance
established as the standard for their positions by the appropriate
authority.
B.
Officials and employees should not exceed their authority or breach
the law or ask others to do so, and they should work in full cooperation
with other public officials and employees unless prohibited from so
doing by law or by officially recognized confidentiality of their
work.
C.
Members of the City staff are expected to follow their appropriate
professional code of ethics. Staff members shall file a copy of such
professional ethics codes with the City Administrator/Clerk-Treasurer.
The City Administrator/Clerk-Treasurer may notify the appropriate
professional ethics board of any ethics violations involving City
employees covered by such professional standards.
A.
Use of public property. No official or employee shall use or permit
the unauthorized use of City-owned vehicles, equipment, materials
or property for personal convenience or profit, except when such services
are available to the public generally or are provided as City policy
for the use of such official or employee in the conduct of official
business, as authorized by the City Council or authorized board, commission
or committee.
B.
Use of City stationery. No official or employee shall use, or permit
the unauthorized use of, City stationery for personal use.
C.
Obligations to citizens. No official or employee shall grant any
special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen. No official or employee
shall use or attempt to use his or her position with the City to secure
any advantage, preference or gain, over and above his/her rightful
remuneration and benefits, for himself/herself or for a member of
his/her immediate family.
D.
Political contributions. No official shall personally solicit from
any City employee, other than an elected official, a contribution
to a political campaign committee for which the person subject to
this chapter is a candidate or treasurer.
A.
Financial and personal interest prohibited.
(1)
No official or employee of the City, 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 official duties in the public interest
contrary to the provisions of this chapter or which would tend to
impair independence of judgment or action in the performance of official
duties.
(2)
Any member of the City Council who has a financial interest or personal
interest in any proposed legislation before the City Council shall
disclose on the records of the City Council the nature and extent
of such interest; such official shall not participate in debate or
vote for adoption or defeat of such legislation. If the matter before
the Council involves a member's personal interest with persons involved,
the member may participate in debate or discussion and vote on the
matter following disclosure, unless an ordinance or contract is involved;
if an ordinance or contract is involved, such official shall not participate
in debate or discussion and vote on the matter.
(3)
Any non-elected official who has a financial interest or personal
interest in any proposed legislative action of the City Council or
any board, commission or committee upon which the official has any
influence or input or of which the official is a member that is to
make a recommendation or decision upon any item which is the subject
of the proposed legislative action shall disclose on the records of
the City Council or the appropriate board, commission or committee
the nature and extent of such interest. Such official shall not participate
in debate or discussion or vote for adoption or defeat of such legislation.
(4)
Any City employee who has a financial interest or personal interest
in any proposed legislative action of the City Council or any board,
commission or committee upon which the employee has any influence
of input, or of which the employee is a member, that is a make to
recommendation or decision upon any item which is the subject of the
proposed legislative action shall disclose on the records of the City
Council or the appropriate board, commission or committee the nature
and extent of such interest.
B.
Disclosure of confidential information. No official or employee shall,
without proper legal authorization, disclose confidential information
concerning the property, government or affairs of the City, nor shall
such information be used to advance the financial or other private
interests of the official or employee or others.
C.
Gifts and favors.
(1)
No official or employee, personally or through a member of his/her
immediate family, may solicit or accept, either directly or indirectly,
from any person or organization, money or anything of value if it
could be expected to influence the employee's official actions or
judgments or be considered a reward for any action or inaction on
the part of the official or employee.
(2)
No official or employee personally, or through a member of his/her
immediate family, shall accept any gift, whether in the form of money,
service, loan, thing or promise, from any person which could reasonably
be expected to impair his/her independence of judgment or action in
the performance of his/her duties or grant in the discharge of his/her
duties any improper favor, service or thing of value. However, it
is not a conflict of interest for any public official or employee
to receive hospitality that is unsolicited and unrelated to government
business, such as a meal, and that is not intended to influence the
official.
(3)
An official or employee is not to accept hospitality if, after consideration
of the surrounding circumstances, it could reasonably be concluded
that such hospitality would not be extended were it not for the fact
that the guest, or a member of the guest's immediate family, was a
City official or employee. Participation in celebrations, grand openings,
open houses, informational meetings and similar events is excluded
from this prohibition. This subsection further shall not be construed
to prevent candidates for elective office from accepting hospitality,
as a properly reported political contribution, from citizens for the
purpose of supporting the candidate's campaign. (The State Ethics
Board has interpreted "hospitality" as it applies to state officials
as including meals, beverages and lodging which a person offers at
his/her residence and would have been offered if the recipient was
not an official.)
(4)
Gifts received by an official or employee or his/her immediate family
under unusual circumstances shall be referred to the City Council
within 10 days of receipt for recommended disposition. Any person
subject to this chapter who becomes aware that he/she is or has been
offered any gift, the acceptance of which would constitute a violation
of this subsection, shall, within 10 days, disclose the details surrounding
said offer to the City Council. Failure to comply with this reporting
requirement shall constitute an offense under this chapter.
D.
Representing private interests before City agencies or courts.
(1)
Nonelected City officials and employees shall not appear on behalf
of any private person (other than himself or herself, his or her spouse
or minor children) before any City agency, board, commission or the
City Council if the official or employee or any board, commission
or committee of which the official or employee is a member has any
jurisdiction, discretion or control over the matter which is the subject
of such representation.
(2)
Elected City officials may appear before City agencies on behalf of constituents in the course of their duties as representatives of the electorate or in the performance of public or civic obligations. However, the disclosure requirements of Subsection A above shall be applicable to such appearances.
E.
Ad hoc committee exceptions. No violation of the conflict of interest
restrictions of this section shall exist, however, where an individual
serves on a special ad hoc committee charged with the narrow responsibility
of addressing a specific issue or topic in which that individual,
or the employer or a client of that individual, has an interest so
long as the individual discloses to the City Council that such interest
exists.
F.
Contracts with the City. No City official or employee who, in his/her
capacity as such officer or employee, participates in the making of
a contract in which he/she has a private pecuniary interest, direct
or indirect, or performs in regard to that contract with some function
requiring the exercise of discretion on his/her part shall enter into
any contract with the City unless, within the confines of § 946.13,
Wis. Stats., the contract is awarded through a process of public notice
and competitive bidding or the City Council waives the requirement
of this section after determining that it is in the best interest
of the City to do so. The provisions of this subsection shall not
apply to the designation of a public depository of public funds.
G.
Campaign contributions. Campaign contributions shall be reported
by all candidates for City office in strict conformity with the provisions
of the Wisconsin Statutes. Any campaign contribution tendered to or
accepted by a candidate subsequent to the final statutory report shall
be reported to the City Council.
[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.
A.
This section governs the proposed hiring of individuals for full-time or part-time work as City employees who are members of the immediate family of City employees or elected officials. "Immediate family" includes those relatives by blood or marriage defined in § 47-2 as "personal interest."
B.
Hiring an immediate family member of any current City employee or
elected City official will be considered only if that individual has
the knowledge and skills, experience or other job-related qualifications
that warrant consideration for the position. A person cannot be hired
for either full-time or part-time employment in a position immediately
supervised by a member of that person's immediate family.
C.
This section does not apply to nonelected officials who are asked
to accept appointment as members of a City board, commission or committee;
nonelected officials, however, will be expected to disqualify themselves
from participation in matters under consideration which may affect
the hiring, retention, classification or compensation of their immediate
family if currently employed or being considered for employment by
the City.
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.
A.
Upon the written complaint of any person alleging facts which, if
true, would constitute improper conduct under the provisions of this
chapter, the City Council shall conduct an investigation of the facts
of the complaint. If the investigation indicates there may be a reasonable
basis for the complaint justifying further investigation, the City
Council shall conduct a hearing in accordance with the common law
requirements of due process including notice, an opportunity to be
heard, an opportunity to cross-examine witnesses and to present testimony
and other evidence in support of the accused's position and an opportunity
to be represented by counsel or other representative at the expense
of the accused. The Council shall make written findings of fact and
issue a written decision concerning the propriety of the conduct of
the subject official or employee.
B.
A determination that a public official's or public employee's actions
constitute improper conduct under the provisions of this chapter may
constitute a cause for removal from office, termination of employment,
suspension, reprimand, removal from committee assignment, or other
appropriate disciplinary action. As an alternative or in addition
to sanctions imposed herein, any individual violating the Ethics Code
shall be subject to a nonreimbursable forfeiture of not less than
$100 nor more than $1,000 as determined by the City Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Sanctions, including any disciplinary action, that may affect employees
covered under a labor agreement will be consistent with the terms
and conditions set forth in the labor agreement.
[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.
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.
