[HISTORY: Adopted by the Village Board of the Village of Mazomanie 6-28-1988
as Title 2, Ch. 7 of the 1988 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. The purpose of this chapter is to establish ethical standards
of conduct for all such officials and to direct disclosure by such officials
of private financial or other interests in matters affecting the Village.
B.
The municipal officials and employees of the Village,
whether elected or appointed, are public officials and employees within the
meaning and intent of this chapter.
A.
Public officials and employees are bound 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 of Wisconsin and to
carry out impartially the law of the nation, state and municipality.
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 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 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.
Financial and personal interest prohibited. No Trustee
or other public 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 official duties in the public judgment or will tend to impair his independence
of judgment or action in the performance of his official duties.
B.
FINANCIAL INTEREST
PERSON
Definitions. As used herein, the following terms shall
have the meaning 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.
C.
Exceptions. The provisions of this section shall not
apply to the designation of public depositories for public funds, nor to the
publication of legal notices required to be published by the Village, or by
any Village officer, at a rate not higher than that prescribed by law.
Specific conflicts of interest are enumerated below for the guidance
of officials. The following list is illustrative merely and not exclusive.
A.
Incompatible employment. No Trustee 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
a Trustee, 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 Village Board for the records of that authority.
B.
Disclosure of confidential information. No Trustee, other
public official or employee shall, without proper legal authorization, disclose
confidential information concerning the property, government or affairs of
the Village, nor shall he use such information to advance the financial or
other private interest of himself or others.
C.
Gifts and favors. No Trustee or other public official
or employee shall accept any gift having a value greater than $10, 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 Village, 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 Trustee or other public official or
employee who accepts any gift, favor or thing of value shall, in the case
of a Trustee, disclose the matter in the minutes of the next Board meeting,
and in the case of other officials or employees, report the matter to the
Board for disclosure in the minutes of the next meeting.
D.
Representing private interests before Village agencies
or courts. No Trustee or other public official or employee whose salary is
paid in whole or in part by the Village shall appear on behalf of private
interests before any agency of the Village. He shall not represent private
interests in any action or proceeding against the interest of the Village
in any litigation to which the Village is a party.
E.
Contracts with the Village. Any Trustee or other public
official or employee who has substantial financial interest in any business
entity entering into or proposing to enter into any transaction or contract
with the Village for the sale of real estate, material supplies or services
to the Village shall disclose such interest to the Village Board to be reported
in the minutes of the appropriate Board meeting, and, in the case of a Trustee,
he shall refrain from voting upon or otherwise participating (except in the
performance of a ministerial act) in the transaction or the making of such
contract or sale.
F.
Disclosure of interest in legislation.
(1)
A Trustee who has a financial or other private interest
in any legislation shall disclose on the records of the Board the nature and
extent of such interest. This provision shall not apply if the Trustee disqualifies
himself from voting.
(2)
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 Board shall disclose on the record of the Board
the nature and extent of such interest.
No full-time officer or employee of the Village shall engage in any
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 ability to perform
his duties in an efficient and unbiased manner. Violation of this provision
shall be grounds for removal from office of any such officer.
Any questions as to the interpretation of any provisions of this Code
of Ethics shall be referred to the Village Attorney for an advisory opinion,
and such opinion shall be given to the Village Board for its action, if any.
Violation of any provision of this chapter should raise conscientious
questions for the Trustee or any other official or employee concerned as to
whether voluntary resignation or other action is indicated to promote the
best interest of the Village. Violation may constitute a cause for suspension,
removal from office or employment, or other disciplinary action.
