[HISTORY: Adopted by the City Council of the City of Edgerton 3-1-1993 by Ord. No. 2-93 (§ 2.04(6) of the 1993 Municipal Code). Amendments noted
where applicable.]
A.
The proper operation of democratic government requires that officials
and employees be responsible to the people; that government decisions
and policy be made in the 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 a Code of Ethics for all
City of Edgerton officials and employees, whether elected or appointed,
paid or unpaid, including members of boards, committees, and commissions
of the City.
B.
The purpose of this Code of Ethics is to establish guidelines for
ethical standards of conduct for all such officials and employees,
to set forth those acts or actions that conflict with the best interests
of the City and conflict with or are incompatible with the proper
discharge of duties. The Edgerton City Council believes that a Code
of Ethics for the guidance of elected and appointed officials and
all City of Edgerton employees will help them avoid conflicts between
their personal interests and their professional 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.
C.
The City Council hereby reaffirms that each such official and employee
holds his or her position as a matter of public trust and any intentional
effort to realize personal gain through official conduct is a violation
of that trust. The provisions and purpose of this Code of Ethics and
such rules and regulations as may be established are hereby declared
to be in the best interests of the City of Edgerton.
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 for any official
or employee of the City of Edgerton or their immediate family. Excluded
from this definition are seasonal, anniversary, or customary gifts
among immediate family members or friends, hospitality unrelated to
City business, and all political contributions that are reported under
Ch. 11, Wis. Stats.
When used with reference to an organization, includes any
organization in which an individual or a member of his or her immediate
family is a director, officer, or trustee, or owns or controls, directly
or indirectly, and severally or in the aggregate, at least 10% of
the outstanding equity, of which an individual or a member of his
or her immediate family is an authorized representative or agent.
Any corporation, partnership, proprietorship, firm, enterprise,
franchise, or association, organization, self-employed individual
or any other legal entity that engages in profit making activities.
The City of Edgerton, Wisconsin.
An individual's spouse or domestic partner, or an individual's
relative by marriage, lineal descent or adoption who receives, directly
or indirectly, more than one-half of his or her support from the individual
or from whom the individual receives, directly or indirectly, more
than one-half of his or her support.
All persons listed in § 47-3.
Any public or private, profit or nonprofit, religious, educational,
charitable or political organization or entity but does not include
governmental bodies.
This chapter applies to the following persons:
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 all incumbents whenever applicable:
The Edgerton City Council reaffirms that incumbents 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 Constitution
of the State of Wisconsin and to carry out impartially the laws of
the nation, state, and City of Edgerton. They are bound to discharge
faithfully the duties of their office regardless of personal considerations,
recognizing that the public interest must be their primary concern.
Incumbents shall adhere to the rules of work and performance established
as the standard for their positions by the appropriate authority.
They shall not exceed their authority or breach the law or ask others
to do so. This local ethics code does not prevent any local incumbent
from accepting other employment or following any pursuit which in
no way interferes with the full and faithful discharge of his or her
duties to this City. The Council further recognizes that in a representative
democracy, the representatives are drawn from society and, therefore,
cannot and should not be without all personal and economic interest
in the decisions and policies of government; that citizens who serve
as local public officials and employees retain their rights as citizens
to interests of a personal or economic nature; that standards of ethical
conduct for incumbents 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 incumbents
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 a continuity of professional or business
activity, or may need to maintain investments, which activities or
investments do not conflict with the specific provisions of this chapter.
A.
Use of office or position. No incumbent may use or attempt to use
his or her position or office to obtain financial gain or anything
of substantial value or any advantage, privilege or treatment for
the private benefit of himself or herself or his or her immediate
family member, or for an organization with which he or she is associated.
Participation by incumbents in celebrations, grand openings, open
houses, and similar events are excluded from the prohibition on the
receipt of anything of value. This prohibition shall not be construed
to prevent incumbents who are candidates for elective office from
accepting hospitality from citizens for the purpose of supporting
the candidate's campaign. This section does not prohibit an incumbent
from using the title or prestige of his or her office to obtain campaign
contributions that are permitted and reported as required by Ch. 11,
Wis. Stats.
B.
Influence and reward. No person or entity may offer or give to an
incumbent or member of an incumbent's immediate family, directly or
indirectly, and no incumbent may solicit or accept from any person
or entity, directly or indirectly, anything of value if it could reasonably
be expected to influence the incumbent's vote, official actions, or
judgment, or could reasonably be considered as a reward for any official
action or inaction on his or her part.
C.
Limitations on actions.
(1)
No incumbent may take any official action substantially affecting
a matter in which he or she, a member of his or her immediate family,
or an organization with which he or she is associated has a substantial
financial interest.
(2)
No incumbent may use his or her office or position in a way that
produces or assists in the production of a substantial benefit, direct
or indirect, for him or her, a member of his or her immediate family,
either separately or together, or an organization with which the incumbent
is associated.
D.
Privilege and advantage. No incumbent shall request or permit the
use of City-owned vehicles, equipment, materials, or property for
personal convenience or profit, or for that of another, except when
the same are available to the public generally or except where otherwise
authorized by the City Council. No incumbent shall grant any privilege,
anything of value, special consideration, treatment, or advantage
to any person beyond that which is available to every other person
except as may be specifically provided for by law.
E.
Disclosure of information. No incumbent may intentionally use or
disclose information gained in the course of or by reason of his or
her official position or activities in any way that could result in
the receipt of anything of value for himself or herself, for a member
of his or her immediate family, or for any other person or entity
if the information has not been communicated to the public or is not
a public record. No incumbent shall, without proper legal authorization,
disclose confidential information concerning property, government,
or affairs of the City.
F.
Receipt of anything of value. No incumbent shall receive and retain
from the City or on behalf of the City, transportation, lodging, meals,
food or beverage, or reimbursement therefor unless the same were incurred
or received primarily for the benefit of the City.
A.
Any individual, either personally or on behalf of an organization or governmental body, may request of the City Attorney an advisory opinion regarding the propriety of any matter to which the person is or may become a party. Any appointing officer, with the consent of a prospective appointee, may request of the City Attorney an advisory opinion regarding the propriety of any matter to which the prospective appointee is or may become a party. The Attorney shall review a request for an advisory opinion and may advise the person making the request. Advisory opinions and requests therefor shall be in writing. It is prima facie evidence of intent to comply with this chapter or any ordinance enacted under this chapter when a person refers a matter to the City Attorney for a local governmental unit and abides by the advisory opinion, if the material facts are as stated in the opinion request. Except as provided in Subsection B, the City Attorney may not make public the identity of an individual requesting an advisory opinion or of individuals or organizations mentioned in the opinion.
B.
The City Attorney may make the opinion public with the consent of
the individual requesting the advisory opinion or the organization
or governmental body on whose behalf it is requested and may make
public a summary of an advisory opinion issued under this subsection
after making sufficient alterations in the summary to prevent disclosing
the identities of individuals involved in the opinion. A person who
makes or purports to make public the substances of or any portion
of an advisory opinion requested by or on behalf of the person waives
the confidentiality of the request for an advisory opinion and of
any records obtained or prepared by the City Attorney in connection
with the request for an advisory opinion.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any incumbent found to be in violation of any of the provisions of this chapter shall be subject to the general penalty as set forth in § 1-6 of this Code. This chapter shall be enforced in the case and on behalf of the City by action of the City Attorney. Any person found to be in violation of any provision of the Code of Ethics may be subject to censure by the City Council.
