[HISTORY: Adopted by the Common Council of the City of Rice Lake
as Title 2, Chapter 5 of the Code of Ordinances. 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 governmental
structure; that public office not be used for personal gain; and that the
public have confidence in the integrity of the government. In recognition
of these goals, there is hereby established a Code of Ethics for all city
officials and employees, whether elected or appointed, paid or unpaid, including
members of boards, committees and commissions of the city. The purpose of
this chapter 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 and by directing disclosure
by such officials and employees of private financial or other interests in
matters affecting the city. 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 City of Rice Lake.
A.
Public officials and employees are bound 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 primary concern. Their conduct in both
their official and private affairs shall be above reproach.
B.
Public officials are bound to uphold the Constitution
of the United States and the Constitution of the state and to carry out impartially
the law of the nation, state and municipality.
A.
All officials and employees of the city 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.
Public officials and employees shall not exceed their
authority or breach law or ask others to do so, and they shall work in full
cooperation with other public officials and employees unless prohibited from
doing so by law or by officially recognized confidentiality of their work.
A.
Use of public property. No public official or employee
shall request, use or permit the use of city-owned vehicles, equipment, material
or property for personal convenience or profit, except when such services
are available to the public generally or are provided as municipal policy
for the use of such official or employee in the conduct of official business.
B.
Obligation of citizen. No public official or employee
shall grant any special consideration, treatment or advantage to any citizen
beyond that which is available to every other citizen.
A.
No official or employee, whether paid or unpaid, shall
engage in any business or transaction or shall have a financial or other personal
interest, direct or indirect, which is incompatible with the proper discharge
of his or her official duties or will tend to impair his or her independence
of judgment or action in the performance of his or her official duties.
B.
Specific conflicts of interest. Specific conflicts of
interest are enumerated below for the guidance of officials. The following
list is illustrative merely and not exclusive:
(1)
Incompatible employment. No Alderman or other public
official or employee shall engage in or accept private employment or render
services for private interests when such employment or service is incompatible
with the proper discharge of his official duties or tends to impair his independence
of judgment or action in the performance of his official duties. In the event
that an Alderman, official or employee possesses a financial or personal interest
in any business or transaction, any presumption of conflict of interest with
his public duties shall be removed by his disclosure of the nature and extent
of such investment to the Common Council for the records of that authority.
(2)
Disclosure of confidential information. No Alderman,
other public official or employee shall, without proper legal authorization,
disclose confidential information concerning the property, government or affairs
of the city, nor shall he use such information to advance the financial or
other private interest of himself or others.
(3)
Gifts and favors. No Alderman or other public official
or employee shall accept any gift, whether in the form of service, loan, thing
or promise, from any person who to his knowledge is interested directly or
indirectly in any manner whatsoever in business dealings with the city, nor
shall any such official or employee accept any gift, favor or thing of value
that may tend to influence him in the discharge of his duties or grant in
the discharge of his duties any improper favor, service or thing of value.
Any Alderman or other public official or employee who accepts any gift, favor
or thing of value shall, in the case of an Alderman, disclose the matter in
the minutes of the next Council meeting and, in the case of other officials
or employees, report the matter to the Council for disclosure in the minutes
of the next meeting.
(4)
Representing private interests before city agencies or
courts. No Alderman or other public official or employee whose salary is paid
in whole or in part by the city shall appear on behalf of private interests
before any agency of the city. He shall not represent private interests in
any action or proceeding against the interest of the city in any litigation
to which the city is a party.
(5)
Contracts with the city. No city employee or officer
who in his capacity as such officer or employee participates in the making
of a contract in which he has a private pecuniary interest, direct or indirect,
or performs in regard to that contract some function requiring the exercise
of discretion on his part shall enter into any contract with the city unless
within the confines of W.S.A. s. 946.13.
(6)
Disclosure of interest in legislation.
(a)
An Alderman who has a financial or other private interest
in any legislation shall disclose on the records of the Council the nature
and extent of such interest. This provision shall not apply if the Alderman
disqualified himself from voting.
(b)
Any other public official or employee who has a financial
or other private interest and who participates in discussion with or gives
an official opinion to the Council shall disclose on the record of the Council
the nature and extent of such interest.
Any questions as to the interpretation of any provisions of this chapter
shall be referred to the City Attorney for an advisory opinion, and such opinion
shall be given to the Common Council for its action, if any.
Violation of any provision of this chapter should raise conscientious
questions for the Aldermen or any other official or employee concerned as
to whether voluntary resignation or other action is indicated to promote the
best interest of the city. Violation may constitute a cause for suspension,
removal from office or employment or other disciplinary action.
