[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.
[1]
Editor's Note: Former § 47-12, Sanctions, was repealed 9-6-2023 by Ord. No. 04-2023.
[Added 5-5-2021 by Ord. No. 04-2021; amended 9-6-2023 by Ord. No. 04-2023]
A.
Organization, composition, and operation.
(1)
The Ethics Board shall consist of three citizen members with two
members present constituting a quorum. The members of the Ethics Board
shall be appointed by the Mayor, subject to confirmation by the City
Council.
(2)
The members of the Ethics Board shall serve without compensation
unless the City Council provides otherwise.
(3)
Ethics Board members cannot be City employees, elected or appointed
officials, or members of other boards, committees, or commissions
within the City.
(4)
The Ethics Board shall elect its own Chairperson, Vice Chairperson
and Secretary.
(5)
The City Administrator may request or provide staff assistance to
the Ethics Board, and the City Attorney shall provide legal assistance
and advice to the Ethics Board as needed to carry out its functions.
(6)
A majority vote of the Ethics Board shall be necessary to pass any motion or take any action under this section with the exception that findings of fact and conclusions of law made by the Ethics Board under Subsection F(4) and (6) of this section shall require the unanimous vote of the Ethics Board.
B.
Terms of office. The term of the Ethics Board members shall be three
years, with appointments to be staggered so that no more than one
member is appointed each year.
C.
Responsibilities and duties. The Ethics Board shall:
(1)
Administer and enforce the provisions of this Chapter 47 (the Ethics Code) and the applicable provisions of Wis. Stats. §§ 17.12, 17.16, and 62.13(6m).
(2)
Accept and file any reports, information, or materials required by
this section and any information or materials related to the purposes
of this section that are voluntarily supplied by any person. The Secretary
of the Ethics Board shall be the legal custodian of such reports,
information, and materials. Such records shall be kept in a locked
file cabinet at City Hall with access limited to members of the Ethics
Board.
(5)
No later than February 15 of each year, the Ethics Board shall submit
a report to the City Council concerning its actions in the preceding
year. The report shall contain a summary of its determinations and
advisory opinions. The Ethics Board shall make sufficient alterations
in the summaries to prevent disclosing the identities of individuals
or organizations involved in the decision or opinions. The Ethics
Board shall make any additional reports on matters within its jurisdiction
and recommendations for changing or additional regulations as it deems
desirable.
D.
Optional powers. In addition to the powers and duties outlined in
this section, the Ethics Board may:
(1)
Prepare and publish special reports and technical studies to further
the purposes of this section.
(2)
Adopt written rules, which shall be submitted to City Council for
approval, as may be necessary to carry out this section. A copy of
the rules shall be filed with the City Clerk. The Ethics Board shall
give prompt notice of the contents of its rules to officials who will
be affected thereby.
(3)
Retain outside counsel and other experts as needed after solicitation
of recommendations from the City Attorney and approval by the City
Council of a contract for services.
(4)
Develop and make recommendations to the City Council with respect
to amendments to the Ethics Code.
E.
Advisory opinions.
(1)
Requests.
(a)
Any individual, specifically including City officials and employees,
either personally or on behalf of an organization or governmental
body, may request the Ethics Board issue an advisory opinion regarding
the propriety of any matter or matters to which the person is or may
become a party.
(b)
Any appointing officer may, with the consent of the prospective
appointee, request the Ethics Board issue an advisory opinion regarding
the propriety of any matter to which the prospective appointee is
or may become a party.
(c)
The request shall contain a full statement of the pertinent
facts and may contain the application of the Ethics Code understood
by the individual submitting the request.
(d)
The request shall be submitted to the City Clerk, who shall
then forward the request to the Ethics Board.
(2)
The Ethics Board shall review a request for an advisory opinion and
may advise the person making the request in writing. The Ethics Board
shall decide whether to prepare an opinion, and the Ethics Board may
request additional information from the requestor. The Ethics Board's
deliberations and actions upon any requests for an advisory opinion
shall be in meetings not open to the public.
(3)
The Ethics Board shall direct the preparation of the advisory opinion
by a member of the Ethics Board, and the final opinion shall be approved
by the Ethics Board as a whole.
(4)
If a request is made by the individual requesting the advisory opinion
within 20 calendar days of submitting their advisory opinion request,
the requestor shall be afforded an opportunity to appear before the
Ethics Board and present facts at issue in the interpretation and
administration of the Ethics Code before an advisory opinion is issued.
The Ethics Board may also request the presence of the individual submitting
the request to provide additional information to the Ethics Board.
(5)
An Ethics Board member may dissent, in writing, to an Ethics Board
advisory opinion.
(6)
It is prima facie evidence of intent to comply with this section
when a person refers a matter to the Ethics Board and abides by the
advisory opinion, provided the material facts are as stated in the
advisory opinion request.
(7)
Requests for confidential advisory opinions, records obtained or
filed in connection with requests for confidential advisory opinions,
and confidential advisory opinions rendered shall be closed in whole
to public inspection. This subsection shall not be interpreted to
preclude the Ethics Board from doing any of the following:
(a)
Compiling or publishing summaries of advisory opinions rendered
if no identification of the requester or any organization identified
in the opinion is made.
(b)
Making an advisory opinion public with the written consent of
the individual requesting the advisory opinion or the organization
or governmental body on whose behalf it is requested. A person who
makes or purports to make public the substance of any portion of an
advisory opinion requested by or on behalf of the person is deemed
to have waived the confidentiality of the request for an advisory
opinion and of any records obtained or prepared by the Ethics Board
in connection with the request for an advisory opinion.
F.
Complaints and investigations.
(1)
This Subsection F does not apply to those individuals for which the processes outlined in Wis. Stats. §§ 17.12, 17.16 and 62.13 (6m) are required.
(2)
Complaints and preliminary assessment.
(a)
The Ethics Board shall accept from any individual, either personally
or on behalf of an organization or governmental body, a signed complaint,
in writing, that states the name of any person alleged to have committed
a violation of the Ethics Code and that specifically describes the
alleged violation. The Ethics Board shall forward to the accused,
within 10 calendar days of receipt, a copy of the complaint and a
general statement of the applicable Ethics Code provisions with respect
to the complaint.
[1]
If the Ethics Board determines that the complaint does not allege
a reasonable basis for the belief that a violation of the Ethics Code
has been committed, it shall dismiss the complaint and notify the
complainant and the accused in writing. If the Ethics Board determines
that the complaint was brought for harassment purposes, the Ethics
Board shall note that purpose in its determination.
[2]
If the Ethics Board determines that the complaint does allege
a reasonable basis for the belief that a violation of the Ethics Code
has been committed or that an investigation of a possible violation
of the Ethics Code is otherwise warranted, it may make an investigation
with respect to any alleged violation as set forth in this section.
(b)
If no complaint has been filed but, based on information received
by the Ethics Board, the Ethics Board finds a reasonable basis to
believe that a violation of the Ethics Code has occurred, the Ethics
Board may, on its own motion, make a signed complaint, which shall
be in writing and state the name of the person who is alleged to have
committed a violation of the Ethics Code. The complaint must also
specifically describe the alleged violation. The Ethics Board shall
forward to the accused, within 10 calendar days of filing its complaint,
a copy of the complaint, a general statement of the applicable Ethics
Code provisions with respect to the complaint, and a specific statement
enumerating the source or sources of information upon which the complaint
is based.
(c)
If a complaint has been filed and the Ethics Board finds a reasonable
basis to believe that a violation of the Ethics Code other than the
one contained in the complaint has occurred, it may amend the complaint,
upon its own motion, to include those other violations. If the complaint
is so amended by the Ethics Board, a copy of the amendment shall be
sent to the accused within 48 hours.
(d)
Prior to invoking any investigative power, the Ethics Board
shall authorize an investigation by a motion that shall state the
nature and purpose of the investigation and the actions or activities
to be investigated. Upon adoption of a motion authorizing an investigation,
the Ethics Board shall provide notice of the investigation to the
accused by mailing a copy of the motion to the accused together with
a notice informing the accused that he/she is the subject of the investigation
authorized by the motion and a general statement of the applicable
Ethics Code provisions with respect to the investigation.
(e)
No action may be taken on any complaint that is filed later
than three years after a violation of the Ethics Code is alleged to
have occurred.
(3)
Investigation. During any investigation, the accused may be represented
by counsel of his or her own choosing. When conducting any investigation
under this section, the Ethics Board has the power to do any of the
following:
(a)
Require any City official or employee to submit, in writing,
reports and answers to questions relevant to the Ethics Code, the
alleged violations, and proceedings conducted under this section within
the period of time prescribed by the Ethics Board.
(b)
Administer oaths to witnesses.
(c)
Issue subpoenas to compel the attendance and testimony of witnesses
and the production of any documentary evidence relating to the investigation
being conducted.
(d)
Pay witnesses the same fees and mileage as are paid in like
circumstances by the courts of Wisconsin.
(e)
Retain outside counsel and other experts as needed after solicitation
of recommendations from the City Attorney and approval by the City
Attorney of a contract for services.
(4)
Probable cause determination. At the conclusion of its investigation,
the Ethics Board shall, in preliminary written findings of fact and
conclusions of law based on its investigation, make a determination
of whether probable cause exists to believe that a violation of the
Ethics Code has occurred.
(a)
If the Ethics Board determines that no probable cause exists,
it shall immediately send written notice of the determination to the
accused and to the complainant.
(b)
If the Ethics Board determines that there is probable cause
for believing that a violation of the Ethics Code has been committed,
its preliminary findings of fact and conclusions of law must contain
an order setting a date for a hearing to determine whether a violation
of the Ethics Code has occurred.
[1]
The Ethics Board shall provide notice of the hearing to the
accused by serving the order on the accused by registered mail. The
Ethics Board must provide at least 20 calendar days' notice to
the accused, and a hearing ordered under this subsection shall be
commenced within 30 calendar days after the date it is ordered unless
the accused petitions for and the Ethics Board consents to a later
date.
[2]
If appropriate, the Ethics Board's preliminary findings
of facts and conclusions of law may contain a referral to the District
Attorney's office recommending further investigation and possible
prosecution.
(c)
The Ethics Board shall inform the accused, or his or her counsel,
of exculpatory evidence in its possession.
(5)
Hearing procedure.
(a)
Prior to the hearing, the accused shall have an opportunity
to examine all documents and records to be used by the Ethics Board
at the hearing.
(b)
Hearings shall be transcribed and/or recorded. The original
transcript or recording shall be paid for by the City. Any additional
copies shall be paid by the party requesting such copies.
(c)
The hearing shall commence with the Chairman reading the verified
complaint, unless such reading is waived by the accused.
(d)
Opening and closing statements may be made by the parties or
their attorneys.
(e)
The testimony of all witnesses shall be under oath. The Ethics
Board must administer oaths to witnesses and may pay witnesses the
same fees and mileage as are paid in like circumstances by the courts
of Wisconsin.
(f)
The appearance of witnesses may be compelled by subpoena issued
by the Ethics Board.
(g)
The Ethics Board may retain outside counsel and other experts
as needed for assistance with conducting hearings under this section.
The selection of outside counsel and other experts shall be made after
solicitation of recommendations from the City Attorney and approval
by the City Attorney of a contract for services.
(h)
During any hearing conducted to determine whether a violation
of the Ethics Code has occurred, the accused may be represented by
counsel of his or her own choosing, and the accused, or his or her
counsel, shall have an opportunity to do all of the following:
(i)
The Ethics Board shall have the right to examine any witness
called to testify before the Ethics Board.
(j)
The Chairperson of the Ethics Board shall make all rulings on
procedures and evidence. A ruling challenged by an Ethics Board member
shall be finally determined by majority vote of the Ethics Board.
In making its determinations, the Ethics Board shall consider only
such evidence as is admissible under the Wisconsin rules of evidence.
(k)
During any hearing conducted by the Ethics Board to determine
whether a violation of the Ethics Code has occurred, all evidence,
including certified copies of records that the Ethics Board considers,
shall be fully offered and made a part of the record in the proceedings.
The accused, or any other person under investigation, shall be afforded
adequate opportunity to rebut or offer countervailing evidence. Upon
request of the accused, the Ethics Board may issue subpoenas to compel
the attendance and testimony of witnesses.
(l)
Any person identified during a hearing conducted by the Ethics
Board who, in the opinion of the Ethics Board, may be adversely affected
by the results of the hearing, may, upon the request of the person,
a representative of the person, or any member of the Ethics Board,
appear personally or by a representative to testify, and the Ethics
Board may permit any other person to appear and testify at a hearing.
(m)
After the conclusion of the hearing, the Ethics Board shall,
as soon as practicable, begin deliberations on the evidence presented
at the hearing and proceed to determine whether the accused has violated
the Ethics Code.
(6)
Determination and action.
(a)
The Ethics Board shall make a final written determination on
the alleged violations of the Ethics Code within 10 days of the hearing.
The final determination must be signed by all participating Ethics
Board members and include findings of fact, conclusions of law, and
a final determination on the matter.
(b)
If the Ethics Board determines that no violation of the Ethics
Code has occurred, it shall immediately send written notice of the
final determination to the accused and to the complainant.
(c)
If the Ethics Board determines that a violation of the Ethics
Code has occurred, its final determinations may contain one or more
of the following orders or recommendations:
[1]
In the case of an elected or appointed official of the City,
a recommendation to the City Council that the City official be censured,
suspended, or removed from office or employment, subject to Wis. Stats.
§§ 9.10 and 17.12.
[2]
In the case of a City employee, a recommendation to the City
Council that the City employee be reprimanded, disciplined, or discharged.
[3]
An order requiring the accused to conform his or her conduct
to the Ethics Code.
(7)
Closed meetings. The Ethics Board's review of the complaint, investigations, hearings, deliberations, and any other actions under this Subsection F shall be in meetings not open to the public, unless the accused petitions for a hearing to be open to the public, at which time the Ethics Board shall consider the factors contained in the Open Meetings Law[1] in determining whether or not to close the hearing to
the public.
[1]
Editor's Note: See Wis. Stats. § 19.81 et seq.
(8)
Settlements.
(a)
The Ethics Board may compromise and settle any action or potential
action for a violation of the Ethics Code that the Ethics Board is
authorized to take under this section. An action may be settled for
such sum or terms as may be agreed upon between the Ethics Board and
the accused.
(b)
Whenever the Ethics Board enters into a settlement agreement
with an individual who is accused of a violation of the Ethics Code,
such agreement must be in writing, together with a statement of the
Ethics Board's findings and reasons for entering into the settlement
agreement. The original agreement shall be retained at City Hall.
(9)
Actions by City Council.
(a)
If recommendations relative to a City official or employee are filed by the Ethics Board with the City Council under Subsection F(6)(c) above, the matter shall be considered and decided upon by the City Council.
(b)
City Council may hold a hearing on the recommendation from the
Ethics Board. Any hearing by the City Council shall be conducted in
accordance with the following provisions:
[1]
The accused City official or City employee shall be given at
least 20 calendar days' written notice of the hearing date.
[2]
The Wisconsin rules of evidence shall apply to the hearing.
All evidence, including certified copies of records and documents
that the City Council considers, shall be fully offered and made part
of the record in the case. Each party shall be afforded adequate opportunity
to rebut or offer countervailing evidence.
[3]
During the hearing, the accused City official or employee shall
be entitled to be represented by counsel of his or her choosing. City
Council shall immediately disclose and forward to the accused, or
his or her counsel, any exculpatory evidence in its possession.
[4]
The accused City official or employee, or his or her counsel,
shall have an adequate opportunity to examine all documents and records
to be used at the hearing at a reasonable time before the date of
the hearing as well as during the hearing, to bring witnesses to establish
all pertinent facts and circumstances, and to question or refute any
testimony or evidence, including the opportunity to confront and cross-examine
adverse witnesses. Upon the request of the accused, the City Council
may subpoena named individuals to appear as witnesses at the hearing,
if such action is necessary to compel their attendance.
[5]
The City Council has the power to compel the attendance of witnesses
and to issue subpoenas for books, records, documents, or papers under
Wis. Stats. § 885.01(3).
(c)
City Council determination.
[1]
The City Council must make a determination in regard to the
recommendation of the Ethics Board. After consideration of the Ethics
Board's recommendation, by a majority vote of City Council members
present at a meeting, the City Council may take any of the following
actions:
[2]
The final determination of the City Council shall be in writing
and shall be mailed to the City employee or official who is the subject
of the hearing within 30 calendar days of such determination.
(d)
Any penalties imposed by the City Council pursuant to Subsection F(9)(c) that may affect employees covered under a labor agreement will be consistent with the terms and conditions set forth in the labor agreement.
(e)
Any person aggrieved by the City Council's decision shall
have 30 calendar days from receipt of the written determination to
appeal such determination pursuant to Wis. Stats. § 68.13.
G.
Records closed. Records of the Ethics Board's opinions, opinion
requests, complaints, and investigations of alleged violations shall
be closed in whole or in part to public inspection.
H.
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.
I.
Effective date. Upon passage and publication, this section shall
take effect and be in force as provided by law.
