[HISTORY: Adopted by the Village Board of
the Village of Orfordville 3-31-1992 as Title 2, Ch. 5 of the 1992 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
Village of Orfordville officials and employees, whether elected or
appointed, paid or unpaid, including members of boards, committees
and commissions of the Village, as well as any individuals who are
candidates for elective office as soon as such individuals file nomination
papers with the Village.
B.
The purpose of this Code of Ethics 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 of Orfordville and by directing
disclosure by such officials and employees of private financial or
other interests in matters affecting the Village. The Village Board
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 Village in their elected and
appointed officials and employees. The Village Board hereby reaffirms
that each elected and appointed Village 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 Code of
Ethics and such rules and regulations as may be established are hereby
declared to be in the best interests of the Village of Orfordville.
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, but does not include
compensation or expense reimbursement paid by the Village, honorariums,
fees and expenses under the standards and reporting requirements set
forth in § 19.56, Wis. Stats., campaign contributions or
hospitality extended for a purpose unrelated to Village business by
a person other than a firm, corporation, partnership, or joint venture.
[Amended 5-10-2004 by Ord. No. O-2004-01]
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.
Any interest arising from blood or marriage relationships
or from close business or political associations, whether or not any
financial interest is involved.
Any person excluded from the definition of "public official"
who is employed by the Village.
Those persons serving in statutory elected or appointed offices
provided for in Ch. 61, Wis. Stats., and all members appointed to
boards, committees and commissions established or appointed by the
Village President and/or Village Board pursuant to this Code, whether
paid or unpaid.
Owning or controlling, directly or indirectly, at least 10%
or $5,000 of the outstanding stock of any business.
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:
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.
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 Village staff are expected to follow
their appropriate professional code of ethics. Staff members shall
file a copy of such professional ethics codes with the Village Clerk-Treasurer.
The Village Board shall notify the appropriate professional ethics
board of any ethics violations involving Village employees covered
by such professional standards.
A.
Use of public property. No official or employee shall
use or permit the unauthorized use of Village-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 Village policy for the use of such official or employee in the
conduct of official business, as authorized by the Village Board or
authorized board, commission or committee.
B.
Use of Village stationery. Copies of any correspondence
written on Village stationery shall be filed with the Village Clerk-Treasurer
or his designee.
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
Village to secure any advantage, preference or gain, over and above
his rightful remuneration and benefits, for himself or for a member
of his or her immediate family.
D.
Political contributions. No official shall personally
solicit from any Village 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 Village, 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 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. Such official shall not participate
in debate or vote for adoption or defeat of such legislation. If the
matter before the Village Board 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 nonelected official, other than a Village employee,
who has a financial interest or personal interest in any proposed
legislative action of the Village Board 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 Village Board 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 Village employee who has a financial interest
or personal interest in any proposed legislative action of the Village
Board 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 Village Board 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
Village, nor shall such information be used to advance the financial
or other private interests of the official or employee or others.
C.
Incompatible employment. No official or employee shall
engage in or accept private employment or render service, for private
interest, when such employment or service is incompatible with the
proper discharge of his or her official duties or would tend to impair
such official's or employee's 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.
D.
Gifts and favors.
(1)
No official or employee shall accept or offer to accept
anything of value from any person who, to his or her knowledge, is
interested directly or indirectly, or is seeking an interest, directly
or indirectly, in any manner whatsoever in business dealings with
the Village, or from any person who conducts activities which are
regulated by the Village, or from any person who has interests which
may be substantially affected by actions of the Village.
(2)
No official or employee shall accept or offer to accept
anything of value that may tend to influence such official or employee
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.
(3)
Gifts received under unusual circumstances should
be referred to the Village Board within 10 days for recommended disposition.
[Amended 5-10-2004 by Ord. No. O-2004-01]
(4)
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 Village official or employee. Participation
in celebrations, grand openings, open houses, informational meetings
and similar events are excluded from this prohibition. This subsection
further shall not be construed to prevent candidates for elective
office from accepting hospitality from citizens for the purpose of
supporting the candidate's campaign.
E.
Representing private interests before Village agencies
or courts.
(1)
Nonelected Village 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 Village agency, board,
or commission or the Village Board 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 Village officials may appear before Village 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.
F.
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 Village Board
that such interest exists.
G.
Contracts with the Village. No official or employee
who, in his or her capacity as such officer or employee, participates
in the making of a contract in which such officer or employee has
a private pecuniary interest, direct or indirect, or performs in regard
to that contract some function requiring the exercise of discretion
on the part of such official or employee, shall enter into any contract
with the Village unless:
(1)
The contract is awarded through a process of public
notice and competitive bidding.
(2)
The contract or activity is exempt from or otherwise
deemed appropriate by § 946.13, Wis. Stats.
(3)
The Village Board waives this requirement after determining
that it is in the best interest of the Village to do so.
[Amended 5-10-2004 by Ord. No. O-2004-01]
H.
Disclosure of interest in legislation. To the extent
known, any member of the Village Board who has a financial or personal
interest in any proposed legislation before the Board shall disclose
on the record of the Board the nature of and extent of such interest.
Any other official or employee who has a financial or personal interest
in any proposed legislative action of the Board and who participates
in discussion with or gives official opinions or recommendations to
the Board shall disclose on the record of the Board the nature of
and extent of such interest.
When an official or employee has doubt as to
the applicability of a provision of this chapter, such official or
employee may apply to the Village Attorney for an advisory opinion.
The official or employee shall have the opportunity to present his
or 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 to be more appropriate or desirable.
[Amended 11-9-2015[1]]
A.
This section governs the proposed hiring and employment of individuals for full-time or part-time work as Village employees who are members of the immediate family of Village employees or elected officials. "Immediate family" includes those relatives by blood or marriage defined in § 41-2 as "personal interest."
B.
Hiring or continuing to employ an immediate family
member of any current Village employee or elected Village official
is discouraged and will be considered only if that individual has
the knowledge and skills, experience or other job-related qualifications
that warrant consideration for the position. It is required that either
the current employee or the relative seeking employment will make
the personal interest relationship known to the hiring authority (department
head, Village board or commission or Village Board) before a hiring
decision is made. If two or more current Village employees become
members of the same immediate family, they must each make that personal
interest relationship known to their department head, Village board
or commission or the Village Board so that a decision may be made
as their continued employment by the Village. In every case, the decision
to hire or continue to employ an immediate family member or former
spouse will be subject to Village Board approval, with notice, before
the new employee is permitted to begin work or the current employee
is authorized to continue working.
C.
This section does not apply to nonelected officials
who are asked to accept appointment as members of a Village 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 Village.
A determination that an employee's actions constitute
improper conduct under the provisions of this chapter shall constitute
a cause of suspension, removal from office or employment or other
disciplinary action. Sanctions, including any disciplinary action,
that may affect employees covered under a labor agreement will be
consistent with the terms and conditions set forth in the applicable
labor agreement.
[Amended 3-2-2022]
No full-time officer or employee of the Village
shall engage in other remunerative employment within or without the
Village, provided that the Village Board 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 or her duties
in an efficient and unbiased manner. All probationary employees shall
be strictly prohibited from outside employment during their period
of probationary status. Violation of this provision shall be grounds
for removal from office of any such officer or employee.
[Added 2-24-2020]
Any applicant for employment with the Village of Orfordville
shall, as a condition of application for employment, execute a Consent
to Criminal History Search form, which shall be provided to the Village
Clerk/Treasurer. The provisions of this section also apply to any
current employee who applies for a new position of employment with
the Village. The criminal history search shall be carried out by the
Chief of Police, police officer designated by the Chief of Police,
or the Village Clerk/Treasurer if authorized by the Chief of Police.
