[Added 6-8-2010 by Ord. No. 551]
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 a Code of Ethics for all City of Nekoosa officials
and employees, whether elected or appointed, paid or unpaid, including
members of boards, committees and commissions of the City, as well
as any individuals who are candidates for elective office as soon
as such individuals file nomination papers with the City. The purpose
of this 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 City
of Nekoosa and by directing disclosure by such officials and employees
of private financial or other interests in matters affecting the City.
The provisions and purpose of this code and such rules and regulations
as may be established are hereby declared to be in the best interests
of the City of Nekoosa.
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 Code of
Ethics and shall apply to public officials and employees whenever
applicable:
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§ 946.10
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Bribery of public officers 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 carry out impartially the laws of the nation, state and
municipality and 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.
All officials and employees of the City of Nekoosa should be
loyal to the objectives expressed by the electorate and the programs
developed to attain these objectives. Appointive officials and employees
should adhere to the rules of work and performance established as
the standard for their positions by the appropriate authority. 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.
(1)
Use of public property. No official or employee shall request or
permit the unauthorized use of City-owned vehicles, equipment, materials
or property for personal convenience or profit.
(2)
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.
(1)
Financial and personal interest prohibited. No official or employee,
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 article
or which would tend to impair independence of judgment or action in
the performance of official duties.
(2)
FINANCIAL INTEREST
PERSON
PERSONAL INTEREST
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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 person, corporation, partnership or joint venture.
Any interest arising from blood or marriage relationships
or from close business or political associations, whether or not any
financial interest is involved.
(3)
Specific conflicts enumerated.
(a)
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 official duties or would tend to impair independence of judgment
or action in the performance of official duties, unless otherwise
permitted by law and unless disclosure is made as hereinafter provided.
(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 City, nor shall
such information be used to advance the financial or other private
interest of the official or employee or others.
(c)
Gifts and favors.
1.
No official or employee shall accept any gift, whether in the form
of 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. Any official 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 said official or employee to be interested, directly or indirectly,
in any manner whatsoever, in business dealings with the City 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 Ethics
Committee by January 20 next following the year in which the gift
or gifts are received.
2.
No official or employee 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 employee's
official actions or judgments or be considered a reward for any action
or inaction on the part of the official or employee.
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 City
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.
Gifts received by an official or employee under unusual circumstances
should be referred to the Ethics Committee within 10 days of receipt
for recommended disposition.
(d)
Representing private interests before City agencies or courts. No
officer or employee shall appear on behalf of any private person (other
than himself or herself, his or her spouse or minor children) before
any City agency or municipal court. However, members of the Common
Council may appear before City 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.[1]
(4)
No official employee or agent of this City shall participate in the
selection, award, or administration of a contract awarded by the City
if a conflict of interest, real or apparent, would be involved. An
example of such a conflict prohibited would arise when the official,
employee or agent, any member of their immediate family, their partner
or an organization which employs, or is about to employ, any of the
above has a financial or other interest in the firm awarded the contract.
(5)
Contracts with the City.
(a)
No City officer or employee who, in his or her capacity as such officer
or employee, participates in the making of a contract in which he
or she has a private pecuniary interest, direct or indirect, or performs
in regard to that contract some function requiring the exercise of
discretion on his or her part shall enter into any contract with the
City unless, within the confines of § 946.13, Wis. Stats.:
1.
The contract is awarded through a process of public notice and competitive
bidding; or
(b)
The provisions of this section shall not apply to the designation
of a public depository of public funds.
(6)
Disclosure of interest in legislation. Any member of the Common Council
who has a financial interest or personal interest in any proposed
legislation before the Common Council shall disclose on the records
of the Common Council, or the Ethics Committee created by this article,
the nature and extent of such interest.[3]
Any questions as to the interpretation of any provisions of
this Code of Ethics shall be referred to the Policy and Personnel
Committee and/or Common Council, which, if it deems it necessary or
appropriate, may request an advisory opinion from the City Attorney.
The Policy and Personnel Committee shall have administrative
jurisdiction over this Code of Ethics and shall be deemed the Ethics
Committee for that purpose.
(1)
The Committee may make recommendations with respect to amendments
to this Code of Ethics.
(2)
Upon the sworn complaint of any person alleging facts which, if true,
would constitute improper conduct under the provisions of this article,
the Committee shall conduct an investigation of the facts of the complaint;
if the investigation indicates there may be a reasonable basis for
the complaint justifying further investigation, the Committee shall
conduct a public hearing in accordance with the common law requirements
of due process, including notice, an opportunity to be heard, an opportunity
to cross-examine witnesses and to present testimony and other evidence
in support of the accused's position and an opportunity to be represented
by counsel or other representative at the expense of the accused.
The Committee shall make written findings of fact and issue a written
decision concerning the propriety of the conduct of the subject official
or employee and shall refer the matter to the Common Council for final
disposition.[1]
(3)
In the event a member of the Policy and Personnel Committee is allegedly
involved in an Ethics Code violation, the Mayor, subject to the confirmation
of the Common Council, shall appoint another Alderman to temporarily
replace the member of the Committee who is under investigation.[2]
(4)
In the event an employee, covered under a collective bargaining agreement,
is allegedly involved in an Ethics Code violation, the terms and conditions
set forth in the applicable collective bargaining agreement shall
prevail in the administration and interpretation of this Ethics Code.
A determination that an official's or employee's actions constitute
improper conduct under the provisions of this article may constitute
a cause for suspension, removal from office or employment, or other
disciplinary action.
(1)
The City Clerk shall cause a copy of this Code of Ethics to be distributed
to every public official and employee of the City of Nekoosa within
30 days after enactment of this code. Each public official and employee
elected, appointed or engaged thereafter shall be furnished a copy
before entering upon his or her duties.[1]
(2)
Each public official, the Mayor, the chairperson of each board, commission
or committee and, through the City Clerk, the head of each department
shall, between May 1 and May 31 of each year, review the provisions
of this code with his or her fellow council, board, commission or
committee members or subordinates, as the case may be, and certify
to the City Clerk by June 15 that such annual review has been undertaken.
A copy of this code shall be continuously posted on each department
bulletin board wherever situated.[2]
(3)
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.
