[HISTORY: Adopted by the Village Board of the Village of
Osceola 5-10-2011 by Ord. No. 11-06.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Boards and commissions — See Ch. 6.
Officers and employees — See Ch. 40.
Village Board — See Ch. 59.
[1]
Editor's Note: This ordinance also repealed former Ch.
18, Ethics, Code of, adopted 8-10-1993 by Ord. No. 7-93 as Sec. 1.08
of the 1993 Code, as amended.
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:
A corporation, partnership, proprietorship, franchise, association,
organization, self-employed individual or any legal entity engaged
in profit- or nonprofit activities.
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.
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.
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.
ELECTED OFFICIALAny elected official of the Village.
Any individual, corporation, partnership or joint venture.
Any interest arising from blood or marital relationships
or from personal, business or political associations, whether or not
any financial interest is involved.
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.
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.
A.
Gifts
and favors.
(1)
No official or employee shall accept:
(a)
Items or services offered because of public position: any item
or service, including food, drink, and travel, of more than nominal
value offered because of the person's holding a public office.
(b)
Items that could influence judgment: any item or service that
could reasonably be expected to influence an official's vote,
official actions or judgment.
(c)
Rewards for official action: any item or service that could
reasonably be considered a reward for any official action or inaction.
(d)
Transportation or traveling accommodations: Discounted transportation,
traveling accommodations, or communication services.
(2)
Official or employee may accept and retain:
(a)
Items and services unrelated to public position: food, drink,
transportation, lodging, items, and services which are offered for
a reason unrelated to the recipient's holding a public position
and which could not reasonably be expected to influence any official's
vote, official actions or judgment, nor reasonably be considered a
reward for any official action or inaction.
(b)
Expenses provided by or for the benefit of the local governmental
unit: food, drink, transportation, lodging, or payment or reimbursement
of costs that are provided by or for the benefit of the local government
unit, not for a private benefit.
(c)
Items of insubstantial value: mere tokens and items or services
of only nominal, insignificant, or trivial value.
A.
Representing
private interests before Village boards, commissions, committees or
agencies. No official or employee whose salary is paid in whole or
in part by the Village shall appear on behalf of private interests
before any board, commission, committee or agency of the Village or
in any litigation to which the Village is a party, except when subpoenaed
as a witness by a party involved in such litigation. A member of the
Village Board may appear before a board, commission, committee or
agency on behalf of constituents, provided that no compensation is
paid or gratuity provided to that member contingent upon a specific
outcome in a matter of interest to a constituent.
B.
Disclosure
of interests in contracts with the Village. Any official or employee
having a substantial or controlling financial interest in any business
entity seeking or securing a contract with the Village or in the sale
of real estate, vehicles, equipment, supplies, materials or services
to the Village shall make such interest known, in writing, to the
Village Administrator. The Village Administrator shall make this information
known to the Ethics Board, Village Board and agencies affected. A
member of a Village board, commission, committee or agency with such
an interest shall abstain from voting on or otherwise participating
in the matter while it is before the Village Board or one of its committees.
C.
Disclosure
of interests in legislation. A member of the Village Board who has
a financial or other private interest in any legislative matter introduced
for consideration before the Village Board shall disclose such interest
to the presiding officer and members of the Village Board at the time
the matter is introduced and shall abstain from voting on or otherwise
participating in the matter while it is before the Village Board or
one of its committees.
D.
Disclosure
of interests in matters before Village boards, commissions and committees.
A member of any Village board, commission or committee who has a financial
or other private interest in a matter on which the body is expected
to act shall disclose such interest to the body at the time the matter
is introduced and shall abstain from voting on or otherwise participating
in the matter while it is before the body.
E.
Use
of public property. No official or employee shall request or permit
the use of Village-owned buildings, facilities, vehicles, equipment,
materials or other Village property for personal convenience or profit,
except when such services are available to the public generally and
except where otherwise authorized by action of the Village Board.
F.
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.
G.
Use of information. No official or employee shall make use of or
permit others to make use of, for the purpose of furthering a private
interest, information not made available to the public.
H.
Political activity. No employee shall, during the hours in which
he or she is performing responsibilities and duties as a Village employee,
engage in any activity calculated to benefit a political party, partisan
or nonpartisan organization, campaign committee or candidate seeking
to influence the outcome of an election or referendum.
I.
Outside employment. No employee shall engage in any outside employment
which might result in a conflict or the appearance of a conflict between
the private interests of the employee and the employee's duties
and responsibilities as a Village employee.
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.
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.
A.
The Village Ethics Board or any appointing officer or authority acting
with the consent of a prospective appointee may request the Village
Attorney or the County Corporation Counsel to issue an advisory opinion
regarding the propriety of any matter to which an official, employee
or prospective appointee is or may become a party. Such action will
be taken pursuant to § 19.59(5), Wis. Stats.
B.
When an official or employee has doubt as to the applicability of
a provision of this chapter to a particular situation or definition
of terms used, he should apply to the Ethics Board for an advisory
opinion and will be guided by that opinion when given. 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 chapter 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 by the Ethics Board to be more appropriate or desirable.
Advisory requests and opinions shall be kept confidential, except
when disclosure is authorized by the requestor, in which case the
request and opinion may be made public.
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.
