[HISTORY: Adopted by the Village Board of
the Village of Cottage Grove 1-15-2007 by Ord. No. 01-2007. 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 policies
be made in proper channels of the government structure; that 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 Cottage Grove 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. The purpose of this Ethics Code is to establish
guidelines for the ethical standards of conduct for all such officials
and employees. 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 Cottage Grove.
B.
A further purpose of this Code is to have disclosure
of private financial matters for elected officials, those seeking
elected office, Planning and Zoning Commission members, Board of Appeals
members, the Village Administrator, the Village Treasurer, the Village
Clerk, the Chief of Police, the Public Works Director, the Parks and
Recreation Director, the Building Inspector, the Erosion Control Inspector,
the Municipal Court Judge, the Municipal Court Clerk and other paid
appointed officials which may cause a conflict with their duties.
There are certain provisions of the Wisconsin
Statutes which should, while not set forth herein, be considered an
integral part of any Ethics Code. Accordingly, the provisions of the
following sections of the Wisconsin Statutes, as from time to time
amended, are made a part of this Ethics Code and shall apply to public
officials and employees whenever applicable, to wit:
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 co-workers, 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 which shall yield, directly or indirectly, a
monetary or any 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 a "public official"
who is employed by the Village.
Those persons serving in statutory elected or appointed offices
provided for in Chapter 62 of the Wisconsin Statutes and all members
appointed to boards, committees and commissions established by the
Village Board pursuant to this Code of Ordinances, whether paid or
unpaid.
Owning or controlling, directly or indirectly, at least 10%
or $5,000 of the outstanding stock of any business.
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 roles
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.
C.
Village staff are expected to follow their applicable
professional code of conduct or 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 use or services are available to the public. The use of Village-owned
vehicles, equipment, materials or property by Village officials or
employees, in the conduct of official business, must comply with appropriate
federal regulations, state law, Village ordinances or policies established
by the Village.
B.
Obligation 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 renumeration and benefits, for himself or herself
or for a member of his or her immediate family.
C.
Political contributions. No official, other than an
elected official or candidate for elected office, shall personally
solicit from any Village employee 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 such situation in writing for inclusion
with the records of the Village Board, and a copy must be submitted
to the Ethics Commission. The written disclosure of a Village Board
member shall declare the nature and extent of such interest. A Village
Board member shall not participate in debate or vote on any motions
related to such legislation.
(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 of 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 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. Confidential information, for purposes
of this section, does not include information that would be considered
available to the public under either federal law, state law and in
particular the provisions of the Wisconsin Open Records Law.[1]
[1]
Editor's Note: See s. 19.21 et seq., Wis.
Stats.
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 or official
in his or her 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.
(3)
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 being given based on the position held by the employee
or official with the Village. Nominal intrinsic value shall mean a
gift or gratuity with value under $20.
(4)
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 shall
disclose, in writing, the nature and value of such gifts to the Ethics
Commission within 10 calendar days of the day the gift or gifts were
received.
(5)
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 legal purpose
of supporting the candidate's campaign.
(6)
Gifts received by an official or employee or his or
her immediate family under unusual circumstances shall be referred
to the Ethics Commission within 10 calendar days of receipt for recommended
disposition. Any person subject to this chapter who becomes aware
that he or she is or has been offered any gift, the acceptance of
which would constitute a violation of this subsection, shall, within
10 calendar days, disclose in writing the details surrounding said
offer to the Ethics Commission. Failure to comply with this reporting
requirement shall constitute an offense under this chapter.[2]
D.
Representing private interests before village agencies
or courts.
(1)
Nonelected Village officials and employees shall not
appear on behalf of any private person (other than himself or herself
or spouse or minor children) before any Village agency, board, committee,
or commission if the official or employee in his or her duties has
any jurisdiction, discretion or control over the matter which is the
subject of such representation.
(2)
Elected Village officials may appear before any Village agency, board, committee, or commission on behalf of Village residents in the course of their duties as representative of the electorate in the performance of public or civic obligations. However, the disclosure requirements of Subsection A, relating Financial and personal interest prohibited, shall be applicable to such appearances.
E.
Contracts with the Village. No Village official or
employee who, in his or her official capacity, participates in the
making of a contract in which he or she has a private pecuniary interest,
direct or indirect, or performs in regards to the contract with some
function requiring the exercise of discretion on his or her part shall
enter into any contract with the Village unless, within the confines
of s. 946.13, Wis. Stats:
A.
This section governs the proposed hiring of individuals
for regular full-time or part-time work as Village employees who are
members of the immediate family of Village employees or elected officials.
Excluded from the provisions of this section are seasonal or temporary
employees. For this section, "immediate family" includes the following
relatives by blood, marriage or adoption: a person's current spouse,
former spouse, mother, father, child, brother or sister.
B.
Hiring an immediate family member of any current Village
employee or elected official is discouraged and will be considered
only if that individual has the knowledge and skills, experience or
other job-related qualifications that warrant consideration for the
position. It is required that the Village hiring authority be notified
of the personal interest relationship, prior to a hiring decision,
by the current employee or elected official or the immediate family
member seeking employment. In every case, the decision to hire an
immediate family member including a former spouse, will be subject
to review by the Ethics Commission before such person can commence
employment.
C.
Marriage between two individuals already employed
by the Village or their relatives will not be considered a violation
of this policy.
D.
This section does not apply to nonelected officials
who are asked to accept appointment as members of any Village board,
commission or committee. However, nonelected officials will be expected
to disqualify themselves from participation in matters under consideration
which may affect the hiring, retention, classification or compensation
of their immediate family members if currently employed or being considered
for employment by the Village.
A.
Any questions as to the interpretation of this Code
of Ethics shall be referred to the Village Attorney. A request for
an advisory opinion shall be made in writing to the Village Attorney
and Chair of the Ethics Commission. The written request for an advisory
opinion shall contain as much detail as possible in order to assist
the Village Attorney with preparing an accurate response.
B.
Written advisory requests and the opinions shall be
kept confidential to the extent allowable by law, except when the
disclosure is authorized by the requestor, in which case both the
request and opinion may be made public.
C.
As necessary, the Ethics Commission may meet in closed
session with the Village Attorney to discuss any written request and
the advisory opinion to be issued.
A.
There is hereby created an Ethics Commission to consist
of five members.
B.
The membership of the Ethics Commission shall be limited
to Village residents, and its members shall not concurrently serve
in a Village elected position or as a full-time or part-time employee
of the Village. The membership shall not serve on any other Village
board, commission or committee during their tenure on the Ethics Commission.
No member of the Ethics Commission may be a candidate for a Village
elected position. Upon filing nomination papers for a Village elected
position, a member will be considered to have resigned from the Commission.
C.
The members of the Ethics Commission shall be appointed
by the Village President and confirmed by majority vote of the Village
Board. Terms of office of the members shall be three years, except
that when the initial Commission appointments are made, one member
shall be appointed for one year, two members shall be appointed for
two years, and two members shall be appointed for three years.
D.
The Ethics Commission shall elect its own Chairperson
and Secretary and shall develop written rules of procedure, which
shall be submitted to the Village Board for approval, as necessary.
E.
Members of the Ethics Commission may be removed for
cause from the Commission by the Village Board, before the end of
their term. Removal for cause shall require a two-thirds vote of the
Village Board.
F.
The Village Attorney shall furnish the Commission
with whatever legal assistance that is necessary in carrying out its
functions. In the event that the Village Attorney would not be able
to provide assistance to the Commission due to a professional conflict,
the Commission may seek outside legal assistance after consultation
with the Village Board.
G.
The Ethics Commission may make recommendations with
respect to amendments to the Village Code of Ethics Ordinance. The
Commission shall also be responsible for coordinating continuing educational
opportunities for Village employees and officials regarding federal,
state and Village ethics rules.
