[HISTORY: Adopted by the Board of Supervisors of Pierce County by
Ord. No. 92-4; amended in its entirety 6-27-2000 by Ord. No. 00-06. Subsequent
amendments noted where applicable.]
A.
The proper operation of county government demands that:
(1)
County officials and employees be independent, impartial
and responsible to the people.
(2)
Decisions be made in the proper channels of the county
governmental structure.
(3)
County offices should not be used for personal gain.
(4)
County business should be conducted in such a way as
to reinforce the public's confidence in its integrity.
B.
In recognition of these fundamental principles, there
are created a Code of Ethics and County Ethics Board to establish ethical
guidelines, render confidential opinions regarding what conduct is appropriate
and redress violations under this code.
A.
The purpose of this chapter is to establish ethical standards
of conduct for all county officials and employees by identifying those acts
or actions that are not compatible with the best interest of the county. Because
representatives of the county are drawn from society, they cannot and should
not be without all personal and economic interest in the decision and policies
of government. Citizens who serve as county officials and employees retain
their rights as citizens to personal and economic interest. Therefore, the
standards of ethical conduct for county officials and employees must distinguish
between minor and inconsequential conflicts, which are unavoidable in a free
society, and those conflicts which are substantial and material.
B.
County officials and employees have a right to:
(1)
Engage in employment and professional or business activities,
other than official duties, in order to support themselves and their families.
(2)
Maintain continuity in their professional or business
activities.
(3)
Maintain investments or activities which do not conflict
with specific provisions of this chapter.
C.
The provisions of this chapter, and such rules and regulations
which may be established, are to be interpreted in the context of the above
principles and are deemed to be in the best interest of the public. It is
the intent of the county that the operations of the Board of Ethics shall
strive to protect to the fullest extent possible the rights of individuals
affected.
County officials and employees are agents of public purpose and hold
office to serve the public interest. They are bound to uphold the Constitution
of the United States and the Constitution of the State of Wisconsin and to
carry out efficiently and impartially all laws of the United States, the State
of Wisconsin and Pierce County. Further, they are bound to observe in their
official acts the standards of ethics set forth in this code and to faithfully
discharge the duties of their office. The public interest must be their primary
concern.
This chapter governs all county officials, whether elected or appointed,
paid or unpaid, including members of boards, committees and commissions, department
heads and other county employees.
Political contributions which are reported under Chapter 11, Wis. Stats.,
are exempt from the provisions of this chapter.
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 such things as
compensation and expenses paid by the state or county, fees, honorariums and
expenses, unsolicited advertising or promotional material, such as pens, pencils,
notepads, calendars, informational or educational materials of unexceptional
value, plaques, other advertising giveaways or any other thing which is not
likely to influence the judgment of individuals covered by this chapter.
All persons filling an allocated position of county employment and
all members of boards, committees and commissions, except members of the County
Ethics Board.
Any interest which yields, directly or indirectly, a monetary or
other material benefit to the county officer or employee.
All county department heads or directors, county supervisors and
all other county elected officers, except judges and district attorneys.
Any individual, corporation, partnership, joint venture, association
or organization.
Any written or oral material related to a county department which
has not become part of the body of public information and which is designated
by statute, court decision, lawful orders, ordinances, resolution or custom
as privileged.
Favoritism shown to a relative in employing or promoting a person
to a county position.
Wife, husband, son, daughter, mother, father, brother, brother-in-law,
sister, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-in-law,
aunt, uncle, niece, nephew, stepchild, stepparent and grandparent.
A written complaint, signed and notarized.
A.
Use of public property. An official or employee shall
not use or knowingly permit the use of county services or county-owned vehicles,
equipment or materials for unauthorized nongovernmental purposes or for unauthorized
personal convenience or for profit, unless such services or use is available
to the public generally and consistent with practices and policies of the
county.
B.
Obligations to citizens. An official or employee shall
not grant any special consideration, treatment or advantage to any citizen
beyond that which is available to every other citizen. This subsection does
not affect the duty of County Supervisors to diligently represent their constituency.
All employees, including elected officials, have the right to freely
express their views as citizens and cast their votes, subject to the following:
A.
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.
B.
No employee or elected official during his/her hours
of duty shall, except as provided by law, engage in political activities,
including:
(1)
Campaign for any candidate or political party.
(2)
Make campaign speeches or engage in other activities
to elect a candidate.
(3)
Collect contributions or sell tickets to political fund-raising
functions.
(4)
Distribute campaign material in any election.
(5)
Organize or manage political meetings.
(6)
Circulate nominating petitions.
(7)
Display political badges, buttons or stickers in any
county buildings or wear such items during working hours.
C.
No employee or elected official shall at any time use
any county-owned or county-leased equipment for any political activity.
D.
No employee shall be removed, discharged, reduced in
pay or position or otherwise discriminated against because of the employee's
political opinions or affiliations, except as provided for in this section.
E.
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 to 1508.
A.
No county official, department head or other county employee
covered by this chapter shall participate in an appointment or employment
process if a relative is an applicant under consideration.
B.
No county official, department head or other county employee
covered by this chapter shall influence or attempt to influence the employment
decisions of another county official, department head or county employee covered
by this chapter on behalf of a relative.
A.
Receipt of gifts and gratuities prohibited. No official
or employee may use his or her office to obtain financial gain or anything
of substantial value for his or her private benefit or his or her relative
or for an organization with which he or she is associated.
B.
Financial and personal interest prohibited. An official
or employee shall not engage in any business or transaction or act in regard
to any financial interest, direct or indirect, which:
C.
Incompatible employment. No employee or official shall
engage in or accept any private employment or render any service for a private
interest when such employment or service is incompatible with the proper discharge
of his or her official duties or which may substantially impair his or her
independence of judgment or action in the performance of his or her official
duties unless otherwise permitted by law.
D.
Contracts with county. No official or county employee
who in his or her capacity as such official or employee participates in the
making of a contract in which such official 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 county unless otherwise
permitted by law. Further, pursuant to § 946.13, Wis. Stats., an
official or employee is prohibited from participating in the formation of
a contract with Pierce County involving the receipts or disbursements of more
than $15,000 in any year.
E.
Financial interest in legislation. Any member of the
County Board who has a financial interest in any proposed action before the
County Board shall disclose the nature and extent of such interest to the
County Clerk and the County Board prior to or during the initial discussion
of such action and shall abstain from voting on or debating the matter and
refrain from personal involvement in the matter. Any other official or employee
who has a financial interest in any proposed action before the County Board
and who participates in discussion with or gives an official opinion or recommendation
to the County Board shall first disclose the nature and extent of such interest
to the County Board.
F.
Exceptions. The provisions of Subsection E are not meant to prevent an official from taking action on a matter that will affect the official as long as the following conditions are met:
(1)
The official's action affects a whole class of similar
interests;
(2)
The class is significant in size when compared with the
general population of the county; and
(3)
The effect of the official's action on the official's
private interests is neither significantly greater nor less than the effect
upon the interests of other members of the class.
G.
Disclosure of privileged and confidential information.
An official or employee shall not knowingly disclose or permit the disclosure
of privileged and confidential information to any person not lawfully authorized
to receive such privileged and/or confidential information. An official or
employee shall not use privileged or confidential information to advance his
or her personal financial interest or that of his or her immediate relative.
A.
Statutes incorporated by reference. The following sections
of the Wisconsin statutes as amended are incorporated by reference and made
a part of this Code of Ethics:
(1)
Section 19.01 (Oaths and Bonds);
(2)
Section 19.21 (Custody and Delivery of Official Property
and Records);
(3)
Sections 19.81 to 19.98 (Open Meetings of Governmental
Bodies); and
(4)
The mandatory sections of § 19.59 (Codes of
Ethics for Local Government Officials, Employees and Candidates) and as they
may be amended.
A.
Pursuant to § 19.59, Wis. Stats., there is
created an Ethics Board (Board) consisting of five members who shall serve
with compensation. The members of the Board of Ethics shall be residents of
the county. No Board member shall be an elected county official or county
employee. Further, no Board member shall be currently serving on any county
committee or commission or board.
B.
Each member shall be appointed by the County Board Chairman
and subject to the confirmation of the County Board. Members of the Board
shall be appointed to staggered three-year terms. If appointed to fill out
another's unexpired term, the member so appointed may then be appointed for
two full terms. No member shall serve more than two consecutive three-year
terms. The Ethics Board shall elect its own Chairman and Vice Chairman. The
County Corporation Counsel, except in instances where the ethical matter relates
to the Corporation Counsel, shall furnish the Board whatever legal assistance
which may be necessary. The Corporation Counsel staff shall provide needed
staff assistance.
A.
Rules of the Board. The Ethics Board shall adopt and
develop written rules which shall be submitted to the County Board for approval.
A copy of the rules shall be filed with the County Clerk.
B.
Responsibilities and duties. The Ethics Board shall:
C.
Complaints. The Board shall accept from any person a
verified written complaint which states the name of the officer or employee
alleged to have committed a violation of this code and sets forth the material
facts involved in the allegation. The Board shall forward a copy of the complaint
to the subject of the complaint within 10 days of receipt of the written complaint.
No action may be taken on any complaint which is filed more than one year
after the violation of the Ethics Code is alleged to have occurred.
D.
Investigations. Following the receipt of a verified complaint,
the Ethics Board may make preliminary investigations with respect to alleged
violation of this code. A preliminary investigation shall not be initiated
unless the subject of the complaint is notified in writing. The notice shall
state the exact nature and purpose of the investigation, the individual's
specific action or activities to be investigated and a statement of such person's
due process rights.
E.
Hearings. If the Ethics Board, by a majority vote, finds
that probable cause exists for believing the allegations of the complaint,
the Ethics Board may issue an order setting a date for a hearing and/or make
a recommendation for enforcement to the district attorney pursuant to § 19.59,
Wis. Stats. If the Board elects to hold a hearing, the Ethics Board shall
give the subject of the complaint at least 20 days' notice of the hearing
date. Such hearings shall be conducted in accordance with the rules established
by the Ethics Board in closed session, unless the subject of the complaint
petitions for a hearing open to the public. The Ethics Board will conduct
the hearing with the Chairman of the Board presiding.
F.
Right to representation. During all stages of an investigation
or proceeding conducted under this section, the subject of the complaint,
or any person whose activities are under investigation, shall be entitled
to be represented by counsel of his/her own choosing, at his or her own expense.
G.
Due process. The subject of the complaint or his/her
representative shall have an adequate opportunity to:
(1)
Examine all documents and records to be used at the hearing under Subsection E at a reasonable time before the date of the hearing, as well as during the hearing;
(2)
Present witnesses;
(3)
Establish all pertinent facts and circumstances; and
(4)
Question or refute any testimony or evidence, including
the opportunity to confront and cross-examine adverse witnesses.
H.
Power to subpoena. The Board shall have the power to
compel the attendance of witnesses and to issue subpoenas granted other boards
and commissions under § 885.01(3), Wis. Stats.
I.
Vote of the Board. A majority vote of the Ethics Board
shall be required for any action taken by the Ethics Board.
J.
Recommendations and evidentiary standard. Within 30 days
after the hearing is concluded, the Ethics Board, with Corporation Counsel's
assistance, shall render a written decision containing the findings of fact
and the conclusions concerning the propriety of the conduct of the officer
or employee. If the recommendation is that a violation of the Ethics Code
has occurred, the Ethics Board must be convinced by the preponderance of the
evidence that such violation occurred.
A.
Requests for advisory opinion. An advisory opinion may
be requested by the individual or, in the case of an individual under consideration
for appointment as a county official or employee, by the appointing officer
or authority with the consent of the prospective appointee. County officials
and employees shall be afforded an opportunity to appear before the Board
and present facts at issue in the interpretation and administration of the
Code of Ethics established by provisions in this chapter before an advisory
opinion is issued. Requests for advisory opinions shall be made in writing.
B.
Confidentiality of advisory opinions and proceedings.
The Ethics Board shall issue written advisory opinions within 30 days of hearing
any facts relevant to the issue. The hearing shall be closed and the written
opinion kept confidential unless all parties, including the requester, the
subject and the Ethics Board, consent in writing to the proceedings being
made public.
A.
If the Ethics Board finds that a violation of the Ethics
Code has occurred, the Board may:
(1)
Order the officer or employee to conform his or her conduct
to the Ethics Code.
(2)
Recommend to the County Board that the official or employee
be censured, suspended or removed from office.
(3)
Subject violators to a civil forfeiture of not more than
$500 for each violation or, for intentional violators, a forfeiture of not
less than $100 nor more than $1,000 for each violation.
(4)
Refer the matter to the district attorney for enforcement
proceedings pursuant to the mandatory sections of § 19.59, Wis.
Stats.
B.
If the Ethics Board finds that no violation has occurred
it shall issue a written decision within seven days of its determination.
[Amended 11-9-2004 by Ord. No. 04-15]
All records of the Board shall be open to public inspection at any time,
except that the names of individuals and identifying matter which clearly
discloses the identity of any individual shall be kept confidential, and copies
of such records shall be altered to remove any such identifying information,
except that no such alterations shall be made to disclosure statements.
No appointing authority, agent of an appointing authority or supervisor
may initiate or administer, or threaten to initiate or administer, any retaliatory
action against a county employee following and employee's disclosure of information
related to the violation of an federal or state law, county ordinance, rule
or regulations, the mismanagement or abuse of authority, a substantial waste
of public funds or a danger to public health and safety. Nothing in this section
restricts the right of the county as an employer to take appropriate disciplinary
action against an employee who knowingly makes an untrue statement or discloses
information the disclosure of which is specifically prohibited by federal
or state law, rule or regulation.
