[HISTORY: Adopted by the Village Board of the Village of
Dane 4-1-1996 as Title 2, Ch. 5, of the 1996 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 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 Dane 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 Dane 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 Dane.
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 or expense reimbursement paid by the Village, honorariums,
fees and expenses under the standards and reporting requirements set
forth in § 19.56, Wis. Stats., or hospitality extended for
a purpose unrelated to Village business by a person other than a firm,
corporation, partnership or joint venture.[1]
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 other material benefit to the officer or employee or to
any person employing or retaining the services of the officer or employee.
Any interest arising from blood or marriage relationships
or from close business or political associations, whether or not any
financial interest is involved. Specifically, by blood or marriage,
"personal interest" means the following relationships: spouse, child,
stepchild, parent, stepparent, first cousin, aunt, uncle, niece, nephew,
grandparent, brother, stepbrother, sister or stepsister.[2]
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 61 of the Wisconsin Statutes, 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.
Owning or controlling, directly or indirectly, at least 10%
or $5,000 of the outstanding stock or at least 10% or $5,000 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, to wit:
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. Staff members shall file a copy of such
professional ethics codes with the Village Clerk-Treasurer. The Village
Board shall notify the appropriate professional ethics board of any
ethics violations involving Village employees covered by such professional
standards.
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 any citizen beyond
that which is available to every other citizen. 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 rightful
remuneration and benefits, for himself 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 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 provisions 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 Village 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.
Incompatible employment. No official or 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 or her official duties or would tend to impair such official's
or employee's independence of judgment or action in the performance
of his or her official duties, unless otherwise permitted by law and
unless disclosure is made as hereinafter provided.
D.
Gifts and favors.
(1)
No official or employee shall accept or offer to accept anything
of value from any person who, to his or her knowledge, is interested,
directly or indirectly, or is seeking an interest, directly or indirectly,
in any manner whatsoever in business dealings with the Village or
from any person who conducts activities which are regulated by the
Village or from any person who has interests which may be substantially
affected by actions of the Village.
(2)
No official or employee shall accept or offer to accept anything
of value that may tend to influence such official or employee in the
discharge of his or her duties or grant in the discharge of his or
her duties any improper favor, service, or thing of value.
(3)
Gifts received under unusual circumstances should be referred to
the Village Board within 10 days for recommended disposition.
(4)
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
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.
E.
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 him or herself, his or her spouse
or minor children) before any Village agency, board, commission or
the Village Board if the official or employee or any board, commission
or committee of which the official or employee is a member has any
jurisdiction, discretion or control over the matter which is the subject
of such representation.
(2)
Elected Village officials may appear before Village agencies on behalf of constituents in the course of their duties as representatives of the electorate or in the performance of public or civic obligations. However, the disclosure requirements of Subsection E(1) above shall be applicable to such appearances.
F.
Ad hoc committee exceptions. No violation of the conflict of interest
restrictions of this section shall exist, however, where an individual
serves on a special ad hoc committee charged with the narrow responsibility
of addressing a specific issue or topic in which that individual,
or the employer or a client of that individual, has an interest, so
long as the individual discloses to the Village Board that such interest
exists.
G.
Contracts with the Village. No official or employee who, in his or
her capacity as such officer or employee, participates in the making
of a contract in which such officer or employee 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 or employee shall enter into any contract with the Village
unless:
(1)
The contract is awarded through a process of public notice and competitive
bidding;
(2)
The contract or activity is exempt from or otherwise deemed appropriate
by § 946.13, Wis. Stats.;
When an official or employee has doubt as to the applicability
of a provision of this chapter, such official or employee may apply
to the Village Attorney for an advisory opinion. The official or employee
shall have the opportunity to present his or her interpretation of
the facts at issue and of the applicability of provisions of this
chapter before such advisory decision is made. This section shall
be operative in all instances covered by its provisions, except when
superseded by an applicable statutory provision and statutory action
is mandatory or when the application of a statutory provision is discretionary
but determined to be more appropriate or desirable.
A.
This section governs the proposed hiring of individuals for full-time or part-time work as Village employees who are members of the immediate family of Village employees or elected officials. "Immediate family" includes those relatives by blood or marriage defined in § 69-2 as "personal interest."
B.
Hiring an immediate family member of any current Village employee
or elected Village official 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 either
the current employee or the relative seeking employment will make
the personal interest relationship known to the hiring authority (department
head, Village board or commission or Village Board) before a hiring
decision is made.
C.
This section does not apply to nonelected officials who are asked
to accept appointment as members of a Village board, commission or
committee; nonelected officials, however, 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 if currently employed or being considered for
employment by the Village.
A determination that an employee's actions constitute improper
conduct under the provisions of this chapter shall constitute a cause
of suspension, removal from office or employment or other disciplinary
action. Sanctions, including any disciplinary action, that may affect
employees covered under a labor agreement will be consistent with
the terms and conditions set forth in the applicable labor agreement.
No full-time officer or employee of the Village shall engage
in other ongoing, significant, remunerative employment within or without
the Village, provided that the Village Board may approve such outside
employment or activity if it finds that it does not interfere or conflict
with such officer's ability to perform his duties in an efficient
and unbiased manner. Violation of this provision shall be grounds
for removal from office of any such officer or employee.
