[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 6-21-2004 by Ord. No. 04-29 (§ 1.08
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; that government decisions and policy be
made in proper channels of the governmental structure; that the 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 in this chapter a Code of Ethics for all
Village of Pleasant Prairie officials and employees, whether elected
or appointed, paid or unpaid, including members of boards, committees
and commissions of the Village, as well as any individuals who are
candidates for elective office as soon as such individuals file nomination
papers with the Village.
B.
The purpose of this Ethics 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 Village of Pleasant Prairie and by directing
disclosure by such officials and employees of private financial or
other interests in matters affecting the Village. The Village Board
believes that a Code of Ethics for the guidance of elected and appointed
officials and employees will help them avoid conflicts between their
personal interests and their public responsibilities, will improve
standards of public service and will promote and strengthen the faith
and confidence of the citizens of this Village in their elected and
appointed officials and employees. The Village Board hereby reaffirms
that each elected and appointed Village official and employee holds
his or her position as a public trust, and any intentional effort
to realize substantial personal gain through official conduct is a
violation of that trust. The provisions and purpose of this Ethics
Code and such rules and regulations as may be established are hereby
declared to be in the best interests of the Village of Pleasant Prairie.
As used in this chapter, the following terms
shall have the meanings indicated:
Any gift, favor, loan, service or promise of future employment,
but does not include reasonable fees and honorariums or the exchange
of seasonal, anniversary or customary gifts among relatives and friends.
Any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual or
any other legal entity which engages in profit-making activities.
Any interest that 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.
The following specific blood or marriage relationships:
Any person excluded from the definition of "public official"
whom the Village employs.
Those persons serving in statutory elected or appointed offices
provided for in Ch. 61, Wis. Stats., and all members appointed to
boards, committees and commissions established or appointed by the
Village President and/or Village Board pursuant to this Code, whether
paid or unpaid. In addition, "public official" shall mean any individuals
who are candidates for elective office as soon as such individuals
file nomination papers with the Village.
Owning or controlling, directly or indirectly, at least 10%
of the outstanding stock of any business.
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, as from time to
time amended, are made a part of this Code of Ethics and shall apply
to public officials and employees whenever applicable:
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, 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.
A.
Officials and employees should adhere to the rules
of work and performance established as the standard for their positions
by the appropriate authority.
B.
Officials and employees should not exceed their authority
or breach the law or ask others to do so, and they should 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.
C.
Members of the Village staff are expected to follow
their appropriate professional code of ethics.
A.
Use of public property. No official or employee shall
use or permit the unauthorized 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 Village policy for the use of such official or employee in the
conduct of official business, as authorized by the Village Board or
authorized board, commission or committee.
B.
Obligations to citizens. No official or employee shall
grant any special consideration, treatment or advantage to anyone
beyond that which is available to every other person. No official
or employee shall use or attempt to use his or her position with the
Village to secure any advantage, preference or gain, over and above
his or her rightful remuneration and benefits, for himself or herself
or for a member of his or her immediate family.
C.
Political contributions. No official shall personally
solicit from any Village employee, other than an elected official,
a contribution to a political campaign or committee for which the
person subject to this chapter is a candidate or treasurer.
A.
Financial and personal interest prohibited.
(1)
No official or employee of the Village, 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 official duties
in the public interest contrary to the provision of this chapter or
which would tend to impair independence of judgment or action in the
performance of official duties.
(2)
Any member of the Village Board who has a financial
interest or personal interest in any proposed legislation before the
Village Board shall disclose on the records of the Village Board the
nature and extent of such interest; such official shall not participate
in debate or vote for adoption or defeat of such legislation. If the
matter before the Board involves a member's personal interest with
persons involved, the member may participate in debate or discussion
and vote on the matter following disclosure, unless an ordinance or
contract is involved; if an ordinance or contract is involved, such
official shall not participate in debate or discussion and vote on
the matter.
(3)
Any nonelected official, other than a Village employee,
who has a financial interest or personal interest in any proposed
legislative action of the Village Board or any board, commission or
committee upon which the official has any influence or input or of
which the official is a member that is to make a recommendation or
decision upon any item which is the subject of the proposed legislative
action shall disclose on the records of the Village Board or the appropriate
board, commission or committee the nature and extent of such interest.
Such official shall not participate in debate or discussion or vote
for adoption or defeat of such legislation.
(4)
Any Village employee who has a financial interest
or personal interest in any proposed legislative action of the Village
Board or any board, commission or committee upon which the employee
has any influence or input or of which the employee is a member that
is to make a recommendation or decision upon any item which is the
subject of the proposed legislative action shall disclose on the records
of the Village Board or the appropriate board, commission or committee
the nature and extent of such interest.
B.
Disclosure of confidential information. No official
or employee shall, without proper legal authorization, disclose confidential
information concerning the property, government or affairs of the
Village, nor shall such information be used to advance the financial
or other private interests of the official or employee or others.
C.
Gifts and favors.
(1)
No official or employee, personally or through a member
of his or her immediate family, may solicit or accept, either directly
or indirectly, from any person or organization, money or anything
of value if it could be expected to influence the employee's official
actions or judgments or be considered a reward for any action or inaction
on the part of the official or employee.
(2)
No official or employee, personally or through a member
of his or her immediate family, shall accept any gift, whether in
the form of money, service, loan, thing or promise, from any person
which may tend to impair his or her independence of judgment or action
in the performance of his or her duties or grant in the discharge
of his or her duties any improper favor, service or thing of value.
However, it is not a conflict of interest for any public official
or employee to receive a gift or gratuity that is an unsolicited item
of nominal intrinsic value, such as a meal, and that is not intended
to influence the official. Any official or employee who receives,
directly or indirectly, any gift or gifts from any person who is known
by said official or employee to be interested, directly or indirectly,
in any manner whatsoever in business dealings with the Village upon
which the official or employee has any influence or input or over
which the official or employee has any jurisdiction, discretion or
control shall disclose the nature and value of such gifts to the Village
Board by January 15 next following the year in which the gift or gifts
are received.
(3)
An official or employee is not to accept hospitality
if, after consideration of the surrounding circumstances, it could
reasonably be concluded that such hospitality would not be extended
were it not for the fact that the guest, or a member of the guest's
immediate family, was a Village official or employee. Participation
in celebrations, grand openings, open houses, informational meetings
and similar events is excluded from this prohibition. This subsection
further shall not be construed to prevent candidates for elective
office from accepting hospitality from citizens for the purpose of
supporting the candidate's campaign.
(4)
Gifts received by an official or employee or his or
her immediate family under unusual circumstances shall be referred
to the Village Board within 10 days of receipt for recommended disposition.
Any person subject to this chapter who becomes aware that he is or
has been offered any gift, the acceptance of which would constitute
a violation of this section, shall, within 10 days, disclose the details
surrounding said offer to the Village Board. Failure to comply with
this reporting requirement shall constitute an offense under this
chapter.
