[HISTORY: Adopted by the Common Council of
the City of Hudson by Ord. No. 17-90, amended 3-4-1991. Subsequent 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 its government. In recognition of these goals,
there is hereby established a Code of Ethics for all City of Hudson
officials and employees, whether elected or appointed, paid or unpaid,
including members of boards, committees and commissions of the city.
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
City of Hudson 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 code and such rules and regulations
as may be established are hereby declared to be in the best interests
of the City of Hudson.
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 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.
[Amended 10-17-2022 by Ord. No. 8-22]
A.
All appointive officials and employees of the City
of Hudson shall be loyal to the objectives expressed by the electorate
and the programs developed to attain these objectives. Appointive
officials and employees shall adhere to the rules of work and performance
established as the standard for their positions by the appropriate
authority.
B.
Officials and employees shall not exceed their authority
or breach the law or ask others to do so, and they shall 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.
A.
Use of public property. No official or employee shall
request or permit the unauthorized use of city-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 official duties in the public interest contrary to
the provisions of this chapter or would tend to impair his independence
of judgment or action in the performance of his official duties.
B.
FINANCIAL INTEREST
PERSON
PERSONAL INTEREST
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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 conflicts enumerated.
(1)
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 official duties or would tend to impair his
independence of judgment or action in the performance of his 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
city, nor shall he use such information to advance the financial or
other private interest of himself or others.
(3)
Gifts and favors. No official or employee shall accept
any valuable gift or gifts, whether in the form of service, loan,
thing or promise, having an aggregate value of more than $50 within
any calendar year from any person, firm or corporation who or which
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 or gifts, favor or thing of value
having an aggregate value of more than $50 within any calendar year
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. Gifts received under unusual circumstances should be referred
to the Finance Committee within 10 days for recommended disposition.[1]
(4)
Representing private interests before city agencies
or courts. No officer or employee shall appear on behalf of any private
person, other than himself, his spouse or minor children, before any
city agency or Municipal Court. However, a member of the Common Council
may appear before city agencies on behalf of his constituents in the
course of his duties as a representative of the electorate or in the
performance of public or civic obligations.
D.
Contracts with the city. No city officer or employee
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:
(1)
The contract is awarded through a process of public
notice and competitive bidding; or
E.
Disclosure of interest in legislation. Any member
of the Common Council who has a financial interest or personal interest
in any proposed legislation before the Common Council shall disclose
on the records of the Common Council or the Finance Committee 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 Common Council and who participates in discussion with
or gives an official opinion or recommendation to the Common Council
shall disclose on the records of the Common Council the nature and
extent of such interest.[3]
A.
Campaign contributions shall be reported by all candidates
for city 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
Finance Committee.[1]
B.
All employees, including elected officials, have the
right to freely express their views as citizens and cast their votes,
subject to the following:
(1)
No employee or elected official shall directly or
indirectly use or seek to use his/her authority or the influence of
his/her position to control or modify the political action of another
person.
(2)
No employee or elected official, during his/her hours
of duty, shall, except as provided by law, engage in political activities,
including:
(a)
Campaigning for any candidate or political party.
(b)
Making campaign speeches or engaging in other activities
to elect a candidate.
(c)
Collecting contributions or selling tickets to political
fund-raising functions.
(d)
Distributing campaign material in any election.
(e)
Organizing or managing political meetings.
(f)
Circulating nominating petitions.
(g)
Displaying political badges, buttons or stickers in
any city building or wearing such items during working hours.
(3)
No employee or elected official shall at any time
use any city-owned or city-leased equipment for any political activity.
(4)
No employee shall be removed, discharged, reduced
in pay or position or otherwise discriminated against because of that
employee's political opinions or affiliations, except as provided
for in this chapter.
(5)
Employees whose principal employment is in a federal
grant aided program are subject to prohibitions in the Federal Hatch
Political Activities Act, as amended, 5 U.S.C. §§ 1501
through 1508.
Any questions as to the interpretation of any
provisions of this Code of Ethics shall be referred to the Finance
Committee and/or Common Council, which, if it deems it necessary or
appropriate, may request an advisory opinion from the City Attorney.
[Amended by Ord. No. 11-93; 10-17-2022 by Ord. No. 8-22]
The Finance Committee shall have administrative
jurisdiction over this Code of Ethics and shall be deemed the Ethics
Committee for that purpose.
A.
The Committee may make recommendations with respect
to amendments to this Code of Ethics.
B.
Upon the sworn complaint of any person alleging facts
which, if true, would constitute improper conduct under the provisions
of this chapter, the Committee shall conduct an investigation of the
facts of the complaint. If the investigation indicates that there
may be a reasonable basis for the complaint justifying further investigation,
the Committee shall conduct a public hearing in accordance with the
common law requirements of due process, including notice, an opportunity
to be heard, an opportunity to cross-examine witnesses and to present
testimony and other evidence in support of the accused's position
and an opportunity to be represented by counsel or other representative.
The Committee shall make written findings of fact and issue a written
decision concerning the propriety of the conduct of the subject official
or employee and shall refer the matter to the Common Council for final
disposition.
C.
In the event that a member of the Finance Committee
is allegedly involved in an Ethics Code violation, the Mayor, subject
to the confirmation of the Common Council, shall appoint another Alderperson
to temporarily replace the member of the Committee who is under investigation.
D.
In the event that an employee covered under a collective
bargaining agreement is allegedly involved in an Ethics Code violation,
the terms and conditions set forth in the applicable collective bargaining
agreement shall prevail in the administration and interpretation of
this Ethics Code.
F.
City-provided
forms and instructions may be used by complainants but are not required.
A sworn complaint may be accepted in a form different than that provided
by the City.
A.
Violation of any provision of this chapter may constitute
a cause of suspension, removal from office or employment or other
disciplinary action.
B.
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.
The City Clerk shall cause a copy of this Code
of Ethics to be distributed to every public official and employee
of the City of Hudson within 30 days after enactment of this code.
Each public official and employee elected, appointed or engaged thereafter
shall be furnished a copy before entering upon his or her duties.
