[HISTORY: Adopted by the Common Council of
the City of New Berlin 10-10-2000 by Ord. No. 2124 as Sec. 1.15 of the Municipal
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 City officials and
employees, whether elected or appointed, paid or unpaid, including
members of boards, committees and commissions of the city. 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
City and by directing disclosures by such officials and employees
of private financial or other interests in matters affecting the city.
The City Council recognizes that the representatives of the City are
drawn from society and, therefore, cannot and should not be without
all personal and economic interest in the decisions and policies of
government; that citizens who serve as City officials and employees
retain their rights as citizens to interest of a personal and economic
nature; that the standards of ethical conduct for City 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 City 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 a 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.
B.Â
It is the intent of the City Council that, in its
operations, the Board of Ethics shall protect to the fullest extent
the rights of individuals affected.
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 are made a part of
this chapter and shall apply to public officers and public employees,
whenever applicable:
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946.10
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Bribery of public officials and employees
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946.11
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Special privileges from public utilities
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946.12
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Misconduct in public office
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946.13
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Private interest in public contract prohibited
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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 municipality 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.
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 and expenses paid by the state, fees, honorariums and
expenses which are permitted and reported under § 19.56,
Wis. Stats., and political contributions which are reported under
Chapter 11, Wis. Stats.
Includes all full-time and part-time employees of the city.
Any interest which shall yield directly or indirectly a monetary
or other material benefit to the official or employee or to any person
employing or retaining service of the official or employee.
Spouse and children living at home.
Any person, corporation, partnership or joint venture.
Includes all of those officers set forth at § 62.09(1),
Wis. Stats., as well as all department heads, but shall not include
the Municipal Judge and City Attorney, who are already subject to
stringent codes of professional responsibility and ethics. If the
Weed Commissioner is a full-time City employee, the Ethics Code shall
not apply to such City employee only to the extent of his serving
as the Weed Commissioner, but shall apply to such employee in all
other respects. Public official shall not include any individual,
his company, firm or business or any of its employees or members whose
relationship with the City is created by contract.
Employees hired to work a specific period of time or to work
on a specific project or program with employment to terminate upon
completion of the project or program.
A.Â
Asking for or receiving anything of value. No official or employee shall ask for or accept anything from any source which may tend to impair his independence of judgment or action in the performance of his official duties. If an official or an employee receives anything from an unknown or anonymous source and has a question as to its appropriateness, the official or employee shall request an advisory opinion from the Ethics Board pursuant to § 28-7B of this chapter so as to avoid the appearance of impropriety. It is not a conflict of interest for any public employee or public official to receive from an individual person a gift or gratuity that is an unsolicited item or items.
B.Â
Engaging in certain business or transaction when incompatible
with discharge of duties. No public official or employee shall engage
in any business or transaction or shall act in regard to any financial
interest, direct or indirect, which is incompatible with the proper
discharge of his official duties for the benefit of the public, contrary
to the provisions of this chapter or which tend to impair his independence
of judgment or action in the performance of his official duties. This
subsection is not intended to interfere with public officials or employees
having duties or employment in addition to those related to the city,
provided those duties or employment do not cause violations of this
chapter.
C.Â
Engaging in or accepting private employment when incompatible
with discharge of duties. No public official 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, unless disclosure is made as hereinafter
provided.
D.Â
Entering into contract with the city. No public official
or employee and no business in which a City official or employee holds
a 10% or greater interest may enter into a contract with the city.
Unpaid members of City boards and commissions may enter into a contract
or contracts with the City involving a payment or payments of not
more than $3,000 within a twelve-month period if such board or commission
member has first made a written disclosure of the nature and extent
of such proposed contract to the board and the department acting for
the City in regard to such proposed contract or contracts. This section
does not affect the application of § 946.13, Wis. Stats.
E.Â
Disclosing confidential information. No official or
employee shall disclose confidential information concerning the property,
government or affairs of this City nor shall he use such information
to advance the financial or other private interest of himself or any
other person.
F.Â
Disclosure of interest.
(1)Â
In legislation. Any member of the City Council who
has a financial interest in any proposed legislation before the City
Council shall disclose on the records of the City Council the nature
and extent of such interest prior to or during the initial discussion
on such legislation. Mere status as a taxpayer shall not be considered
a "financial interest." Any other official or employee who has a financial
interest in any proposed legislative action of the City Council and
who participates in discussion with or gives an official opinion or
recommendation to the City Council shall disclose on the records of
the City Council the nature and extent of such interest.
G.Â
All public officials, City employees and citizen members
of boards and commissions shall file with the Director of Human Resources
the Code of Ethics Statement which is incorporated by reference. Public
officials and citizen members will complete the form within 60 days
of appointment or election, and thereafter upon reappointment or reelection.
All City employees will complete the form within two weeks of their
employment and thereafter every three years beginning in January 2000
with returning seasonal employees completing the form within two weeks
of rehire.
A.Â
There is hereby created an Ethics Board consisting
of three members and one alternate, all of whom shall serve without
compensation. The members of the Board of Ethics shall be residents
of the City and shall not be elected officials, full-time appointed
officials, City employees nor shall they be currently serving on any
other City board, committee or commission. The City Attorney shall
furnish the Board whatever legal assistance necessary in carrying
out its functions. Terms of office shall be three years, except that
when the initial appointments are made, one member shall be appointed
for one year, one for two years and one for three years. The alternate
shall serve on the Board when one of the members of the Board is unavailable.
The term of the alternate shall be for three years. The Ethics Board
shall elect its own Chairman.
B.Â
One member shall be appointed by the President of
the City Council and one member shall be appointed by the Mayor, both
appointments shall be confirmed by the Common Council. The third citizen
member shall be nominated and elected by the Common Council. The alternate
shall be elected by the appointed members of the Board.
[Amended 3-24-2020 by Ord. No. 2630]
A.Â
The Ethics Board may adopt and develop written rules
which shall be submitted to the City Council for approval. A copy
of such rules shall be filed with the City Clerk. The Ethics Board
shall select one of its members as a Chairman and a Secretary who
need not be a member.
B.Â
Any person to whom this chapter applies may apply
to the Ethics Board for an advisory opinion and shall be guided by
the opinion rendered. Such person shall have the opportunity to present
his interpretation of the facts at issue and of the applicability
of provisions of this chapter before the advisory decision is rendered.
The Board's deliberations and action upon such applications shall
be in meetings not open to the public. Records of the Board's opinions,
opinion requests and investigations of violations are subject to public
inspection, except where it is determined that the public interest
in restricting access to such records is outweighed by the individual’s
right to inspect or as otherwise prohibited under relevant statutes
and case law regarding public records disclosure. The Board may also
choose to make such records public, with the consent of the individual
requesting the advisory opinion.
[Amended 4-13-2021 by Ord. No. 2649]
C.Â
The Board shall investigate any complaint properly
filed with it.
D.Â
The Board shall accept from any person or make upon
its own motion a verified complaint in writing which shall state the
name of the official or employee alleged to have committed a violation
of this chapter and which shall set forth the particulars thereof.
The Board shall forward within 10 days a copy of the complaint to
the official or employee who is accused. If no action on the verified
complaint is taken by the Board within 60 days, the complaint shall
be void.
E.Â
Following the receipt or motion of a verified complaint,
the Board may make preliminary investigations with respect to alleged
violation of this chapter. No preliminary investigation of the activities
of any official or employee may be initiated, unless such official
or employee is notified in writing. The notice shall state the exact
nature and purpose of the investigation, the individual's specific
actions or activities to be investigated and a statement of such person's
due process rights including, but not limited to, the right to appear
before the Board to fairly, but concisely, respond to the results
of the preliminary investigation.
F.Â
If after such investigation the Board finds that probable
cause exists for believing the allegations of the complaint, it shall
conduct a hearing on the matter which shall be held not more than
30 days after such finding. The Board shall give the accused at least
20 days' notice of the hearing date. Such hearings shall be at open
session, unless the accused petitions for a hearing closed to the
public. The rules of criminal evidence shall apply to such hearings.
All evidence, including certified copies of records and documents
which the Board considers, shall be fully offered and made part of
the record in the case. Every party shall be afforded adequate opportunity
to rebut or offer countervailing evidence.
G.Â
During all stages of any investigation or proceeding
conducted under this subsection, the accused or any person whose activities
are under investigation shall be entitled to be represented by counsel
of his own choosing.
H.Â
The accused or his representative shall have an adequate opportunity to examine all documents and records to be used at the hearing under Subsection F at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, establish all pertinent facts and circumstances and question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses.
I.Â
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.
J.Â
Upon conclusion of the hearing, the Board shall file
its decision within five days in writing signed by all participating
Board members with findings of fact, conclusions of law concerning
the propriety of the conduct of the official or employee and, if appropriate,
refer the matter to the City Council, Civil Service Commission or
other proper authority for its consideration.
This code shall be operative in all instances
covered by its provisions, except as follows:
A.Â
All employees of the City of New Berlin Police Department
and the City of New Berlin Fire Department shall be governed by the
Department's code of conduct as set by the Chief as well as any rules
and regulations as set by the City of New Berlin Police and Fire Commission
when more restrictive than the Code.
[Amended 7-22-2003 by Ord. No. 2208]
B.Â
When superseded by an applicable statutory provision
and statutory action is mandatory, or when the application of a statutory
provision is discretionary, but determined by the Ethics Board to
be more appropriate or desirable.
