[HISTORY: Adopted by the Village Board of the Village of
Birnamwood 5-28-2013 by Ord. No.
05-02-13. Amendments noted where applicable.]
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 government 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 Village officials and employees,
whether elected or appointed, paid or unpaid, including members of
boards, committees and commissions of the Village. The purpose of
this 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 Village
and by directing disclosure by such officials and employees of private,
financial or other interests in matters affecting the Village. The
provisions and purpose of this chapter and such rules and regulations
as may be established are hereby declared to be in the best interests
of the Village.
Public officials and employees are agents of the public 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
Village and 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 all government.
A.
All officials and employees of the Village should be loyal to the
objectives expressed by the electorate and the programs developed
to attain these objectives. Appointive 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 not work where prohibited
from so doing by law or by officially recognized confidentiality of
their work.
A.
Use of public property. No official or employee shall request or
permit the unauthorized use of Village-owned vehicles, equipment,
materials or property for personal convenience or profit.
B.
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.
A.
Financial and personal interest prohibited. No official or employee,
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 his
or her official duties in the public interest contrary to the provisions
of this section or would tend to impair his or her independence of
judgment or action in the performance of his or her official duties.
B.
ANYTHING OF VALUE
FINANCIAL INTEREST
PERSON
PERSONAL INTEREST
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any gift, favor, service or promise from any individual,
firm or corporation on any one occasion which has a fair market value
in excess of $50. The foregoing does not include reasonable fees and
honorariums; actual and necessary expenses authorized under § 19.56,
Wis. Stats.; political contributions which are reported under Ch.
11, Wis. Stats.; or the exchange of customary gifts among relatives.
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.
Any person, corporation, partnership or joint venture.
Any interest arising from blood or marriage relationships
or from close business or political associations, whether or not any
financial interest is involved.
C.
Specific conflict enumerated.
(1)
Incompatible employment. No official or employee shall engage in
or accept private employment or render service for private interests
when such employment or service is incompatible with the proper discharge
of his or her official duties or would tend to impair his or her independence
of judgment or action in the performance of his or her official duties,
unless otherwise permitted by law and unless disclosure is made as
hereinafter provided.
(2)
Disclosure of confidential information. No official or employee shall,
without proper legal authorization, disclose confidential information
concerning the property, government or affairs of the Village, nor
shall he or she use such information to advance the financial or other
private interest of himself or herself or others.
(3)
Gifts and favors. No official or employee shall accept any valuable
gift, whether in the form of service, loan, thing or promise, from
any person, firm or corporation, which, to his or her knowledge, is
interested, directly or indirectly, in any manner whatsoever in business
dealings with the Village; nor shall any such official or employee
accept any gift, favor or thing of value that may tend to influence
him or her in the discharge of his or her duties or grant in the discharge
of his or her duties any improper favor, service or thing of value.
Gifts received under unusual circumstances should be referred to the
Village Board within 10 days for recommended disposition.
(4)
Representing private interests before Village agencies or courts.
No officer or employee shall appear on behalf of any private person
other than himself or herself, his or her spouse or minor children
before any Village agency. However, a member of the Village Board
may appear before Village agencies on behalf of his or her constituents
in the course of his or her duties as a representative of the electorate
or in the performance of public or civic obligations.
D.
Contracts with the Village. No Village officer or employee who, in
his or her capacity as such officer or employee, participates in the
making of a contract in which he or she has a private pecuniary interest,
direct or indirect, or performs in regard to that contract some function
requiring the exercise of discretion on his or her part shall enter
into any contract with the Village unless, within the confines of
§ 946.13, Wis. Stats., the contract is awarded through a
process of public notice and competitive bidding.
E.
Disclosure of interest in legislation. Any member of the Village
Board who has a financial interest or personal interest in any proposed
legislation before the Village Board shall disclose on the records
of the Village Board the nature and extent of such interest. Any other
official or employee who has a financial or personal interest in any
proposed legislative action of the Village Board and who participates
in discussion with or gives an official opinion or recommendation
to the Village Board shall hereby disclose on the record of the Village
Board the nature and extent of such interest.
Campaign contributions shall be reported by all candidates for
Village 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
Village Clerk-Treasurer.
When an official or employee has doubt as to the applicability
of a provision of the ethics code in this chapter to a particular
situation or definition of terms used in the code, he or she should
apply to the Village 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 or her interpretation of the facts
at issue and of the applicable provisions of the code 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.
Violation of any provision of this chapter may constitute a
cause for suspension, removal from office or employment, or other
disciplinary action.
