[HISTORY: Adopted by the Village Board of the Village of
Belleville as Title 2, Ch. 5, of the 1994 Code. Amendments noted where
applicable.]
A.Â
The proper operation of democratic government requires that public
officials and employees be independent, impartial and responsible
to the people; government decisions and policy be made in the proper
channels of the government structure; public office not be used for
personal gain; and 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 Village officials and employees, whether
elected or appointed, paid or unpaid, including members of boards,
committees and commissions of the Village.
B.Â
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 Village and by directing disclosure by such officials and employees
of private financial or other interests in matters affecting the Village.
The Village Board recognizes that representatives of the Village are
drawn from society and therefore cannot and should not be without
all personal and economic interests in the decisions and policies
of government; that citizens who serve as Village officials and employees
retain their rights as citizens to have interests of a personal and
economic nature; that the standards of ethical conduct for Village
officials and employees need to distinguish between those minor and
inconsequential conflicts that are unavoidable in a free society and
those conflicts which are substantial and material; and that Village
officials and employees may need to engage in employment, professional
or business activities other than official duties in order to support
themselves or their families and to maintain continuity of professional
or business activity or may need to maintain investments, which activities
or investments do not conflict with the specific provisions of this
chapter. The provisions and purpose of this chapter and such rules
and regulations as may be established are hereby declared to be in
the best public interest.
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 to carry out impartially the laws of the nation, state and
Village and thus to foster respect of all government. They 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.
The following definitions shall be applicable in this chapter:
Any money or property, favor, service, payment, advance,
forbearance, loan, or promise of future employment, but does not include
compensation and expenses paid by the state, fees and expenses which
are permitted and reported under § 19.56, Wis. Stats., political
contributions which are reported under Ch. 11, Wis. Stats., or hospitality
extended for a purpose unrelated to state business by a person other
than an organization.
When used with reference to an organization, includes any
organization in which an individual or a member of his or her immediate
family is a director, officer or trustee or owns or controls, directly
or indirectly, and severally or in the aggregate, at least 10% of
the outstanding equity.
Any person meeting the qualifications of "employee" as listed
in the Village of Belleville Administrative Policy and Procedure Manual.
The payment or receipt of anything of value without valuable
consideration.
An elective office of a local government.
A county administrator or administrative coordinator or a city
or village manager/administrator.
An appointive office or position of a local government in which
an individual serves for a specified term, except a position limited
to the exercise of ministerial action or a position filled by an independent
contractor.
An appointive office or position of a local government which
is filled by the governing body of the local government or the executive
or administrative head of the local government and in which the incumbent
serves at the pleasure of the appointing authority, except a clerical
position, a position limited to the exercise of a ministerial action
or a position filled by an independent contractor.
An individual holding a local public office.
An action that an individual performs in a given state of
facts in a prescribed manner in obedience to the mandate of legal
authority, without regard to the exercise of the individual's
own judgment as to the propriety of the action being taken.
Any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, trust or other legal entity other than an
individual or body politic.[1]
A.Â
No local public official or employee may use his or her public position
or office to obtain financial gain or anything of substantial value
for the private benefit of himself or herself or his or her immediate
family or an organization with which he or she is associated. This
subsection does not prohibit a local public official or employee from
using the title or prestige of his or her office to obtain campaign
contributions that are permitted and reported as required by Ch. 11,
Wis. Stats.
B.Â
No person may offer or give to a local public official or employee
directly or indirectly and no local public official or employee may
solicit from any person either directly or indirectly anything of
value if it could reasonably be expected to influence the local public
official's or employee's vote, official actions or judgment or
could reasonably be considered as an award for any official action
or inaction on the part of a local public official or employee. This
subsection does not prohibit a local public official or employee from
engaging in outside employment.
C.Â
Except as provided in Subsection D, no local public official or employee may:
(1)Â
Take any official action substantially affecting a matter in which
the local public official or employee or member of his or her immediate
family or an organization with which the local public official or
employee is associated has a substantial financial interest.
(2)Â
Use his or her office or position in a way that produces or assists
in the production of a substantial benefit, direct or indirect, for
the local public official or employee, one or more members of the
local public official's or employee's immediate family,
either separately or together, or an organization with which the official
or employee is associated.
D.Â
This section does not prohibit a local public official or employee
from taking any action concerning lawful payment of salaries or employee
benefits or reimbursement of actual and necessary expenses or prohibit
a local public official or employee from taking official action with
respect to any proposal to modify an ordinance.
E.Â
It is not a conflict of interest for any local public official or
employee to receive a gift or gratuity that is an unsolicited item
of nominal intrinsic value.
F.Â
No local public official or employee and no business in which a local
public official or employee holds a ten-percent or greater interest
may enter into a contract with the Village of Belleville involving
a payment or payments of more than $3,000 within a twelve-month period
unless said local public official or employee has first made a written
disclosure of the nature and extent of such relationship or interest
to the Village Board and to the department acting for the Village
in regard to such contract. This subsection does not affect the application
of § 946.13, Wis. Stats.
G.Â
No local public official or employee shall disclose confidential
information concerning the property, government, or affairs of the
Village nor shall he or she use such information to advance the financial
or other private interest of himself or herself or any other person.
Any member of the Village Board who has a financial interest
in any proposed legislation before the Village Board shall disclose
in the records of the Village Board the nature and extent of such
interest prior to or during the initial discussion on said legislation.
Any other local public official or employee who has a financial interest
in any proposed legislative action of the Village Board and who participates
in the discussion with or gives an official opinion or recommendation
to the Village Board shall disclose in the records of the Village
Board the nature and extent of such interest.
