Where government is based on consent of the governed, every
citizen is entitled to have complete confidence in the integrity of
government. Officials and employees must help earn, preserve and honor
that trust by their integrity and conduct. In recognition of these
goals, there is hereby established a Code of Ethics for all Village
officials and employees, whether elected or appointed, paid or unpaid,
including members of all Village boards, commissions and committees.
As used in this chapter, the following terms shall have the
meanings indicated:
BUSINESS
A corporation, partnership, proprietorship, franchise, association,
organization, self-employed individual or any legal entity engaged
in profit- or nonprofit activities.
EMPLOYEE
Any individual, other than an agency head and his or her
designated deputy, who is employed by the Village and receives a salary
or wages for work performed on either a part-time or full-time basis.
The term shall apply to all individuals classified as temporary, probationary
or permanent employees of the Village.
FINANCIAL INTEREST
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 services of the officer or employee.
OFFICIAL
A.
APPOINTED OFFICIALAny appointed officer of the Village who is compensated for official services to the Village; any appointed member of a board, commission or committee serving with or without compensation; and agency heads and their designated deputies.
PERSON
Any individual, corporation, partnership or joint venture.
PRIVATE INTEREST
Any interest arising from blood or marital relationships
or from personal, business or political associations, whether or not
any financial interest is involved.
A.
Membership on or appointment or election to a Village board,
committee, commission, agency, or similar Village association shall
not constitute or be construed as a private interest under this chapter.
Membership on or appointment or election to any other governmental
(non-Village of Osceola) board, committee, commission, agency, or
other association shall not constitute or be construed as a private
interest under this chapter.
B.
Membership on or appointment to any quasi-governmental, or private
nonprofit board, committee, commission, agency, or other association
shall not constitute or be construed as a private interest under this
chapter unless such membership or appointment includes a personal
financial interest (for purposes of quasi-governmental functions,
financial Interest does not include pay or compensation received solely
for serving in such capacity as long as such pay or compensation is
usual and ordinary for that position).
Sections 946.10 to 946.17 of the Wisconsin Statutes prohibit
certain forms of conduct on the part of all officials and employees
and provide for the imposition of criminal penalties upon conviction
for engaging in prohibited forms of conduct. Each official and employee
will be provided with a copy of these statutes by the Village Administrator
upon taking office or entering employment.
The members of the Village Ethics Board shall be appointed by
the Village President, subject to confirmation by the Village Board.
A. Membership. The Ethics Board shall consist of five members: three
citizen members, one member of the Village Board and one Village employee.
The Ethics Board shall elect its own President, Vice President and
Secretary. The Village Administrator shall provide staff assistance,
and the Village Attorney shall provide legal assistance and advice
as needed.
B. Terms of office. The term of the citizen members shall be three years,
with appointments to be staggered so that no more than one member
is appointed each year. The term of the member of the Village Board
appointed to the Ethics Board shall expire with the member's
term as a member of the Village Board. The term of the member representing
Village employees shall expire with the member's termination
of employment as a Village employee.
C. Rule-making authority. The Ethics Board shall develop and adopt reasonable
rules of procedure.
D. Responsibilities and duties. The Ethics Board shall:
(1) Administer and enforce the provisions of this chapter.
(2) Issue advisory opinions regarding the propriety of any matter to
which an individual subject to this chapter is or may become a party.
An advisory opinion may be requested by the individual or by the appointing
officer or authority with the consent of the prospective appointee,
or, in the case of an individual under consideration for appointment
as an official or employee, by the appointing officer or authority
with the consent of the prospective appointee. Officials and employees
shall be afforded an opportunity to appear before the Board and present
facts at issue in the interpretation and administration of the Code
of Ethics established by provisions in this chapter before an advisory
opinion is issued.
(3) Any person accused of or investigated for a violation of this chapter
shall be given notice of such accusation or investigation and shall
be given a hearing before the Ethics Board before any final determination
is made or penalty is imposed. Any final determination of a violation
of this chapter made by the Ethics Board shall be made in writing,
and a party to the proceeding shall have 30 days from receipt of the
written determination to appeal such determination pursuant to § 68.13,
Wis. Stats.
E. Optional powers. The Ethics Board may:
(1) Issue subpoenas, administer oaths and investigate any violation of
this chapter on its own motion or upon complaint by any person.
(2) Develop and make recommendations to the Village Board with respect
to amendments to this chapter.
F. Records closed. Records of the Board's investigations of alleged
violations may, at the Board's discretion, be closed in whole
or in part to public inspection.
Violation of the Code of Ethics created by this chapter may
raise the question of whether the official or employee violating this
chapter should voluntarily resign or other action should be taken
in the best interests of the Village and its citizens. Violation of
this chapter may constitute a cause for removal from office, termination
of employment, suspension, censure, reprimand or other appropriate
disciplinary action. As an alternative or in addition to sanctions
imposed herein, any person violating this chapter may be subject to
a nonreimbursable forfeiture of not less than $100 nor more than $1,000,
as determined by the Village Ethics Board.
No appointing authority, agent of an appointing authority or
trustee may initiate or administer or threaten to initiate or administer
any retaliatory action against an employee following an employee's
disclosure of information related to violation of any federal or state
law, Village ordinance, rule or regulation, mismanagement or abuse
of authority, substantial waste of public funds or danger to public
health and safety. Nothing in this section restricts the right of
the Village as an employer to take appropriate disciplinary action
against an employee who knowingly makes an untrue statement or discloses
information, the disclosure of which is specifically prohibited by
federal or state law, rule or regulation.