[HISTORY: Adopted by the City Council of
the City of Weyauwega 10-19-2015 by Ord. No. 2015-4.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch.
47, Ethics, adopted 5-21-2001 by Ord. No. 2001-01 as Title 2, Ch.
5 of the 2001 Code, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
Any representative, including only those City employees specifically
designated by the Board, whose function is to bring about, modify,
affect, accept performance of or terminate contractual obligations
between the City and third persons. All other nondesignated full-
or part-time City employees are specifically excluded from this definition.
Written material or oral information related to City government,
which is not otherwise subject to release under the public records
law and which is expressly designated or marked as confidential.
Any individual employed by the City to perform including
those holding local public office.
Any interest which shall yield directly a monetary or other
material benefit to the official, employee or agent or to any person
employing or retaining the services of the official, employee or agent.
The official's or employee's spouse and any relative
by marriage, lineal descent or adoption who receives, directly or
indirectly, more than 1/2 of his support from the official or employee.
Any violations of this chapter.
Any elected or appointed office holder of the City. These
include, but are not limited to, Mayor, Alderman, Clerk, and Assessor.
Any natural person, corporation, partnership or joint venture.
A person related by blood as a first cousin or closer in
kinship; a person related by blood to one's spouse as a first
cousin or closer in kinship; or a person who through adoption is related
to one's self or one's spouse as a first cousin or closer
in kinship.
A.
High moral and ethical standards are essential to the operation of
free government. This code of ethics is established for all City officials,
whether elected or appointed, paid or unpaid, all City employees and
agents of the City, all members of City boards and committees and
persons furnishing contracted services to the City and its boards
and committees. This code establishes guidelines for ethical standards
of conduct for all such officials, employees, agents, committee and
board members and persons furnishing contracted services. It directs
disclosure by officials, board and committee members, employees, agents
and candidates for City office of private financial or other interests
in matters affecting the City.
B.
This code of ethics does not prohibit City officials from having
other employment and financial interests. City officials, however,
need to distinguish between inconsequential conflicts which are unavoidable
and those conflicts which are substantial. The purpose of this code
is to help City officials in avoiding serious conflicts of interest
and promote confidence in our local government.
A.
Elected and appointed officials, committee and board members and
employees of the City shall work for the benefit of the public and
are bound to uphold the Constitution of the United States and the
Constitution of the State of Wisconsin and to carry out independently
and impartially the laws of the nation, state and City; serve in their
official acts the highest standards of morality; and to discharge
faithfully the duties of their office/position regardless of personal
consideration, recognizing that public interests must be their prime
concern.
B.
The provisions of the following sections of the Wisconsin Statutes
are made part of this chapter and shall apply to elected and appointed
officials whenever applicable:
(1)
Wis. Stats. § 19.59, Codes of ethics for local government
officials, employees and candidates.
(2)
Wis. Stats. §§ 19.81 through 19.98, Open Meetings
of Governmental Bodies.
(3)
Wis. Stats. § 946.10, Bribery of public officers and employees.
(4)
Wis. Stats. § 946.11, Special privileges from public utilities.
(5)
Wis. Stats. § 946.12, Misconduct in public office.
(6)
Wis. Stats. § 946.13, Private interest in public contract
prohibited.
A.
A City official, board or committee member or employee shall not
use his or her position or office to obtain financial gain or anything
of substantial value for his or her own personal benefit other than
salary and benefits which he or she is due. These individuals should
avoid promoting the special interests of any persons or group other
than the best interests of the City.
B.
A City official, board or committee member, employee, agent or person
furnishing contracted services shall not exceed his or her authority
and should work in full cooperation with public officials, board and
committee members and City employees. Employees, agents and those
furnishing contracted services should adhere to the rules of work
and performance established as the standard for their positions by
the appropriate authority.
No official, employee or agent shall grant any special consideration,
treatment or advantage to any citizen beyond that which is available
to every other citizen.
A.
Financial or personal interests prohibited. No official, employee
or agent, 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 his or her official duties in the public interest contrary
to the provisions of this chapter or would be reasonably expected
to impair his independence of judgment or action in the performance
of his official duties.
B.
Specific conflicts enumerated.
(1)
Incompatible employment. No official, employee or agent 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 or her official duties or would tend to impair such official's,
employee's or agent's independence, judgment or action in
the performance of his or her official duties, unless otherwise permitted
by law and unless disclosure is made herein provided.
(2)
Disclosure of confidential information. No official, employee, board
or committee member or agent shall, without proper legal authorization,
disclose confidential information concerning the property, government
or affairs of the City, nor shall such official, employee or agent
use such information to advance the financial or other private interest
of their self or others.
(3)
Gifts and favors.
(a)
No elected or appointed official, employee or agent of the City
shall accept anything of value, whether in the form of a gift, service,
loan, thing or promise, from any person which may be reasonably expected
to impair his or her independence of judgment or action in the performance
of his or her duties. No elected or appointed official or agent shall
grant in the discharge of his or her duties any improper favor, service
or thing of value. Any elected or appointed official or agent who
receives, directly or indirectly, any gift or gifts having an aggregate
value of more than $50 within any calendar year from any person who
is known by such official to be interested directly or indirectly
in any manner whatever in business dealings with the City upon which
the official or agent has any influence or input or over which the
official or agent has any jurisdiction, discretion or control shall
disclose the nature and value of such gifts to the Ethics Board by
January 20 of the next year in which the gift or gifts are received.
A gift or favor made or granted to a member of any official's
or agent's immediate family shall be deemed made or granted to
the official.
(b)
No elected or appointed official, employee or agent of the City
may solicit or accept, either directly or indirectly, from any person
or organization money or anything of value if it could reasonably
be expected to influence the official's actions or judgments
or be considered a reward for any action or inaction on the part of
the official. Campaign contributions are an exception and should be
carefully documented and handled in accordance with the provisions
of the Wisconsin Statutes.
(c)
An elected or appointed official, employee or agent 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 City official. Participation in
celebrations, grand openings, open houses, informational meetings
and similar events are 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.
(d)
Gifts received by an elected or appointed official, employee
or agent under unusual circumstances may be referred to the Ethics
Board within 10 days of receipt for recommended disposition.
(4)
Contracts with the City. Except to the extent allowed by Wis. Stats.
§ 946.13, no official, employee or agent of the City who,
in his or her capacity as such official, in which such official, employee
or agent 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, employee or agent shall
enter into any contract with the City.
(5)
Employment of relatives. No official, employee or agent, except as
designated by the Board, shall participate in a discussion or proceeding
which is held for the purpose of interviewing and/or hiring a job
applicant; setting the salary, duties and/or conditions of employment
of a job applicant or any employee; or firing of an employee, who
is a relative of such official. No official shall head a department
which employs a relative. No employee shall work in a department which
is headed by a relative.
A.
To the extent known, all elected and appointed officials of the City,
members of its boards and committees or employees of the City who
have a financial interest in any proposed action shall disclose on
the records of the City promptly the nature and extent of such interest.
To the extent known, all persons furnishing contracted services to
the City, its boards or committees who have a financial interest in
any proposed action shall, to the extent the proposed action relates
to the contracted services provided or to be provided, disclose on
the records of the City promptly the nature and extent of such interest.
B.
Any other official, employee or agent who has a financial interest
in any proposed action and who participates in discussion with or
gives an official opinion or recommendation to the Board or any board
or committee shall disclose on the records of the City promptly the
nature and extent of such interest.
Campaign contributions shall be reported by all candidates for
official and employee positions in the City in strict conformity with
the provisions of the Wisconsin Statutes.
There is hereby created an Ethics Board for the City.
A.
Structure and method of appointment. The Ethics Board shall be appointed
according to Section 2.07(4)(a). Upon prior request of the Board,
the City Attorney shall furnish the Board whatever legal assistance
is necessary to carry out its functions.
B.
Membership. The members of the Ethics Board shall be appointed by
the Mayor and confirmed by the Board. Terms of office shall be three
years, except that when initial appointments are made, one shall be
appointed for one year, two for two years and two for three years.
If any member of the Ethics Board petitions the Board for an advisory
opinion regarding his or her conduct, such member shall be mandatorily
excluded from sitting in his or her own case.
C.
Leadership and procedures. The Ethics Board shall elect its own chairperson
and vice chairperson and shall develop written rules of procedure
which shall be submitted to the Board for approval.
D.
Amendment to Code of Ethics. The Ethics Board may make recommendations
to the Board with respect to amendments to this chapter.
A.
Any person may initiate a review before the Ethics Board of the conduct
of any City officer or employee alleged to be in violation of the
City ethics code by filing a verified complaint with the City Clerk,
together with a processing fee in the amount of $200. Such verified
complaint shall specify the activities of such officer or employee
which are alleged to be in violation of the code of ethics. The Clerk
shall provide a form, created by the Ethics Board, that may be used
for such complaint.
B.
Determination of probable cause. The City Attorney, or in the event
of conflict special counsel appointed by the Ethics Board, shall act
as counsel to the Ethics Board. Upon receipt, the Clerk shall forward
such complaint to the Chair of the Ethics Board who will see to it
that the officer or employee accused in the complaint is notified
of fact that a complaint has been filed and served (in person or by
certified mail) a copy of the complaint within 10 days of its filing.
The Chair also shall convene the Ethics Board within 30 days of the
date of filing of the complaint with the Clerk for the purposes of
determining whether, when viewing the complaint in the light most
favorable to the complaining party, there is probable cause to believe
the employee or officer has acted in violation of the Ethics Code.
Such review shall be in closed session. The Ethics Board shall give
the complaining party and the officer or employee named in the complaint
notice of the meeting and may request clarification of the complaint
from either party.
(1)
If the Ethics Board determines that no probable cause exists, it
shall dismiss the complaint and notify the accused officer or employee,
the complainant and such other persons as the Board determines to
have an interest.
(2)
If the Ethics Board finds probable cause to believe a violation exists,
it shall then proceed to hold a hearing as provided by this code.
(3)
The Ethics Board may also, upon agreement of the complaining party
and the officer or employee named in the complaint, proceed to issue
an advisory opinion on the facts alleged in the complaint in lieu
of a hearing.
(4)
The Ethics Board may direct the City Attorney or special counsel
to further investigate the facts stated in the verified complaint
and report back to the Board.
(5)
The complaining party may withdraw the complaint prior to a finding
of probable cause. If probable cause is found by the Ethics Board,
the complaint may not be withdrawn without the consent of the Ethics
Board which may, at its complete discretion, require the matter to
continue to hearing with or without the complaining parties consent
and voluntary participation.
C.
Hearing process.
(1)
Notice of the finding of probable cause and notice of hearing and
a copy of the complaint shall be sent to the accused officer or employee
by certified mail at his last known post office address within five
days of the determination of probable cause.
(2)
Such hearing shall be scheduled more than 20 days but less than 30
days from the postmarked date of the notice of hearing. The hearing
may, however, be adjourned at the request of either party for good
cause shown or the Ethics Board.
(3)
Prior to the hearing date, the Chair or the designated representative
shall contact the parties for the purpose of a prehearing conference.
At the prehearing conference, the parties shall disclose the witnesses
they intend to call, request any subpoenas and discuss any other evidentiary
or procedural issues related to the hearing.
(4)
The hearing shall be held before a quorum of the Ethics Board, presided
over by the Chair or designated representative. At the hearing, each
party may be represented by counsel at their own expense, the parties
may present evidence, call and examine witnesses and cross-examine
witnesses of the other party. Such witnesses shall be sworn by the
person presiding over the hearing. The chairman of the Board is empowered
to issue subpoenas to compel attendance of witnesses at such hearing.
Statutory due process procedures and admissibility of evidence will
be subject to the guidelines of Wis. Stats. § 227-45(1).
(5)
The hearing shall be conducted in accordance with the Wisconsin Rules
of Criminal Evidence, and the Secretary of the Ethics Board or designee
shall take notes of testimony and shall mark and preserve all exhibits.
The burden shall be on the complaining party to show by clear, satisfactory
and convincing evidence that an ethics code violation has occurred
by the officer or employee accused.
(6)
The hearing shall be noticed to be and conducted in closed session
unless the accused officer or employee requests, in writing, that
it be open to the public.
(7)
Within 20 days of the completion of the hearing and the filing of
briefs, if any, the Board shall make a written determination as to
the existence of a violation of the code of ethics by the accused
officer or employee. Such determination shall be mailed by certified
mail to such officer or employee within the twenty-day period. Copies
shall also be delivered to the City Board in the same manner as a
report of a standing committee for such action as the City Council
may deem proper.
D.
Penalties.
(1)
An informal censure by the Council, which would only be made as part
of a motion in a public meeting.
(2)
A formal censure by the Council, which would be made by motion in
a public meeting and then published in the City newspaper.
(3)
Imposition of a dollar fine of up to $500 [Wis. Stats. § 62.11(3)(a)
and (c)].
(4)
A violation of the penalties imposed by Council may constitute grounds
for removal from office under Wis. Stats. § 17.12(1)(a),
provided notice of such possible consequence was in the complaint
to the Board and the provisions of Wis. Stats. § 17.16 have
been followed.
(5)
Any other sanction available by law.
E.
Imposition of decision. The imposition of any of these penalties
or sanctions will require an affirmative vote of 3/4 of the Council,
other than an informal or formal censure which shall only require
a majority vote of the Council.
F.
Authority to compromise. The Ethics Board may compromise or settle
any potential action or violation of this chapter. Whenever the Board
enters into a settlement agreement with an individual who is accused
of a violation of this chapter, the Board shall reduce the agreement,
to writing, together with a statement of the Board's findings
and reasons for entering into the agreement, and shall retain the
statement and agreement in its records for inspection.
A.
Request for advisory opinion. Any individual, either personally or
on behalf of an organization or governmental body, may, in writing,
request the Ethics Board to issue an advisory opinion regarding the
propriety of any matter to which the person is or may become a party.
It is prima facie evidence of intent to comply with the ethics code
when a person requests an advisory opinion abides by the advisory
opinion, if the material facts are as stated in the opinion request.
The Ethics Board may authorize the City Attorney to act in its stead
in instances where delay is of substantial inconvenience or detriment
to the requesting party.
B.
Confidentiality. Except as provided in Subsection C, neither the City Attorney, a member of the Ethics Board, nor anyone else who becomes privy to the request or opinion may make public the identity of an individual requesting an advisory opinion or of individuals or organizations mentioned in the opinion.
C.
Exception to confidentiality. The Ethics Board or City Attorney replying
to a request for an advisory opinion may make the opinion public with
the consent of the individual requesting the advisory opinion or the
organization or governmental body on whose behalf it is requested
and may make public a summary of an advisory opinion issued under
this section after making sufficient alterations in the summary to
prevent disclosing the identities of individuals involved in the opinion.
A person who makes or purports to make public the substance of or
any portion of an advisory opinion requested by or on behalf of the
person waives the confidentiality of the request for an advisory opinion
and of any records obtained or prepared by the Ethics Board or the
City Attorney for the local governmental unit in connection with the
request for an advisory opinion.
The Clerk shall provide copies of this chapter annually to elected
and appointed officials, candidates for political office and the designated
employees of the City who are required to file disclosure statements
annually and shall keep at least one copy permanently on file for
the use of the public. All employees shall receive a copy when they
are hired.
