Purpose.
This Conflict of Interest Chapter establishes ethical standards for
Town of Hudson ("Town") officials, and also governs ethical standards
relating to Town contracts that must comply with federal law.
If a federal
statute, regulation, or the terms of a financial assistance agreement
applicable to a particular form of Federal Financial Assistance conflicts
with any provision of this chapter, such federal statute, regulation,
or terns of the financial assistance agreement shall govern.
Use
his or her public position or office to obtain financial gain or anything
of substantial value for the private benefit of himself or herself
or his or her immediate family, or for an organization with which
he or she is associated. This subsection does not prohibit a local
public official from using the title or prestige of his or her office
to obtain campaign contributions that are permitted and reported as
required by Chapter 11 of the Wisconsin Statutes.
Solicit
or accept from any person, directly or indirectly, anything of value
if it could reasonably be expected to influence the person' s vote,
official actions or judgment, or could reasonably be considered as
a reward for any official action or inaction. This paragraph does
not prohibit a local public official from engaging in outside employment.
Directly
or by means of an agent, give, or offer or promise to give, or withhold,
or offer or promise to withhold, his or her vote or influence, or
promise to take or refrain from taking official action with respect
to any proposed or pending matter in consideration of, or upon condition
that, any other person make or refrain from making a political contribution,
or provide or refrain from providing any service or other thing of
value, to or for the benefit of a candidate, a political party, any
committee registered under Chapter 11 of the Wisconsin Statutes, or
any person making a communication that contains a reference to a clearly
identified local public official holding an elective office or to
a candidate for local public office.
Take
any official action substantially affecting a matter in which the
public official or a member of his or her immediate family or an organization
with which the person is associated has a substantial financial interest.
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 the
person, one or more members of the person's immediate family either
separately or together, or an organization with which the person is
associated.
Conflicts
of interest when federal law applies. In contracts that require the
Town to comply with federal procurement requirements, the following
restrictions apply.
Federal financial assistance that the Town receives or administers
in the form of grants, cooperative agreements, noncash contributions
or donations of property (including donated surplus property), direct
appropriations, food commodities, and other federal financial assistance
(except that the term does not include loans, loan guarantees, interest
subsidies, or insurance).
Overseeing the performance of a contract or subaward or having
authority to make decisions regarding a contract or subaward or to
interpret a contract or subaward; or
Only with respect to a public official, being a member of a
board, commission, or other body of which the public official is a
member that is taking action on the contract or subaward, whether
or not the public official actually participates in that action.
An individual who is elected or appointed to serve or represent
the Town (including, without limitation, any member of the Town Board),
other than an employee or independent contractor of the Town.
An entity, usually but not limited to a nonfederal entity,
that receives a federal award directly from a federal awarding agency.
The term does not include subrecipients or individuals that are beneficiaries
of the award.
aA current or potential employer (other than the Town) of a
public official or employee, of a partner of a public official or
employee, or of an immediate family member of a public official or
employee.
An award provided by a pass-through entity to carry out part
of a federal award received by the pass-through entity. It does not
include payments to a contractor or payments to an individual that
is a beneficiary of a federal program.
Any agreement entered into by a subcontractor to furnish
supplies or services for the performance of a contract or a subcontract.
It includes, but is not limited to, purchase orders and changes and
modifications to purchase orders.
An entity, usually but not limited to a nonfederal entity,
that receives a subaward from a pass-through entity to carry out part
of a federal award, but does not include an individual that is a beneficiary
of such award. A subrecipient may also be a recipient of other federal
awards directly from a federal awarding agency.
Prohibited conflicts of interest in federal contracts. Without limiting any specific prohibition set forth in § 44-2A, elected officials, appointed officials, or employees shall not participate in the selection, award, or administration of a contract if the person has a real or apparent conflict of interest.
Real
conflict of interest. A real conflict of interest shall exist when
the public official or employee or any related party has a financial
or other interest in or a tangible personal benefit from a firm considered
for a contract or subaward.
Apparent
conflict of interest. An apparent conflict of interest exists where
a real conflict of interest may not exist, but where a reasonable
person with knowledge of the relevant facts would find that an existing
situation or relationship creates the appearance that an elected official,
appointed official, or employee, or any related party has a financial
or other interest in or a tangible personal benefit from a firm considered
for a contract or subaward.
Gift
standards. No elected official, appointed official, or employee shall
solicit or accept gratuities, favors, or anything of monetary value
from a contractor or a subcontractor.
Disciplinary
actions for public official or employees. Any elected official, appointed
official, or employee that fails to disclose a real, apparent, or
potential real or apparent conflict of interest arising with respect
to the person or the person's related party may be subject to disciplinary
action, including, but not limited to, an employee's termination or
suspension of employment with or without pay, the consideration or
adoption of a resolution of censure, prosecution under this chapter,
or termination of the contract with the Town.
Disciplinary
actions for contractors and subcontractors. The Town shall terminate
any contract with a contractor or subcontractor that violates any
provision of this chapter.
Protections
for whistleblowers. In accordance with 41 U.S.C. § 4712,
the Town shall not discharge, demote, or otherwise discriminate against
an employee in reprisal for disclosing information to a member of
Congress or a representative of a committee of Congress; an Inspector
General; the Government Accountability Office; a Treasury or other
federal agency employee responsible for grant oversight or management;
an authorized official of the Department of Justice or other law enforcement
agency; a court or grand jury; a management official or other employee
of the Town; or a contractor or subcontractor who has the responsibility
to investigate, discover, or address misconduct that the employee
reasonably believes is evidence of gross mismanagement of a federal
contract or grant; a gross waste of federal funds; an abuse of authority
relating to a federal contract or grant; a substantial and specific
danger to public health or safety; or a violation of law, rule, or
regulation related to a federal contract (including the competition
for or negotiation of a contract) or grant.