[HISTORY: Adopted by the Village Board of the Village of
Blue Mounds as Ch. 4 of the 2001 Village Code. Amendments noted where
applicable.]
A.
Declaration of policy.
(1)
It is declared that high ethical standards among Village public officials
and Village employees are essential to the conduct of free government.
The Village Board believes that a Code of Ethics for the guidance
of Village public officials and Village 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 people of this Village in their Village
public officials and Village employees.
(2)
In recognition of these goals, there is hereby established a Code
of Ethics for all Village of Blue Mounds officials and employees,
whether elected or appointed, paid or unpaid, including members of
boards, committees and commissions of the Village. 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 Village
of Blue Mounds. The provisions and purposes of this code and such
rules and regulations as may be established are hereby declared to
be in the best interest of the Village of Blue Mounds.
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 to carry out impartially the laws of the nation, state,
and municipality and thus to foster respect for all government. They
are bound to discharge faithfully the duties of their office regardless
of personal considerations, recognizing that the public interest must
be their primary concern.
A.
In addition to the standards expressly set forth in this chapter, there are certain provisions of
the Wisconsin Statutes which are an integral part of the Village's
Code of Ethics. Accordingly, the provisions of the following sections
of the Wisconsin Statutes, as may be amended, are incorporated and
made a part of this Code of Ethics:
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§§ 19.41-19.59
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Code of Ethics for Public Officials
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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 Officials
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B.
This chapter does not prevent any Village public official from accepting
other employment or following any pursuit which in no way interferes
with the faithful discharge of his or her duties to the Village. The
Village Board recognizes that in a representative democracy, the representatives
are drawn from society, and therefore, cannot and should not be without
personal and economic interests in the decisions and policies of government;
that citizens who serve as Village public officials retain their rights
as citizens to interests of a personal or economic nature; that standards
of ethical conduct for Village public officials need to distinguish
between those minor and inconsequential conflicts that are unavoidable
in a free society, and those conflicts which are substantial and material;
and that Village public officials need to engage in employment, professional,
personal or business activities, other than official duties, in order
to support themselves or their families and to maintain a continuity
of professional or business activity, or may need to maintain investments,
which activities or investments do not conflict with specific provisions
of this chapter.
C.
Appointed 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 doing so by law or by officially recognized
confidentiality of their work.
A.
Interest in appointments. Canvassing the members of the Village Board
in order to obtain preferential consideration in connection with any
appointment to the municipal civil service shall disqualify the candidate
for appointment.
B.
Use of public property. No official or employee shall request or
permit the use of Village-owned vehicles, equipment, materials or
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.
C.
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.
A.
Incompatible activities. No official or employee, whether paid or
unpaid, shall engage in any business or transaction or shall have
a financial or other personal interest, direct or indirect, which
is incompatible with the proper discharge of official duties in the
public interest. Personal as distinguished from financial interests
include an interest arising from blood or marriage relationships or
close business or political association. Specific conflicts of interest
are enumerated below for the guidance of officials and employees:
(1)
Incompatible employment. No official or employee shall engage in
or accept private employment or render service for private interests
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. The Village Attorney,
Municipal Court Judge, or any other legally qualified Village official
or employee may engage in the private or public practice of law during
the period in which they hold their respective offices.
(2)
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
interest of the official, employee or others.
(3)
Gifts and favors. No official or employee shall accept any gift,
whether in the form of service, loan, thing, or promise, from any
person, firm, or corporation which to his or her knowledge is interested
directly or indirectly in any manner whatsoever in business dealings
with the Village. No Village public official or employee may use a
public position or office to obtain financial gain or anything of
substantial value for the private benefit of himself or herself or
his or her immediate family or for an organization with which he or
she has a financial interest.
(4)
Representing private interests before Village commissions, committees,
or courts. 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 Village Commission or Committee. He or she shall not represent
private interests in any action or proceeding against the interest
of the Village in any litigation to which the Village is a party.
This subsection shall not be construed as prohibiting the appearance
of officials or employees when subpoenaed as witnesses by parties
involved in litigation which also may involve the Village of Blue
Mounds. A Trustee may appear before Village agencies on behalf of
constituents in the course of his or her duties as a representative
of the electorate or in the performance of public or civic obligations.
However, no Trustee or other official or employee shall accept a retainer
or compensation that is contingent upon a specific action or decision
by a Village agent.
(5)
Contracts with the Village. No Village public official or employee,
member of his or her immediate family, nor any organization with which
the Village public official and employee or a member of his or her
immediate family owns or controls at least 10% of the outstanding
equity, voting rights, or outstanding indebtedness may enter into
any contract or lease involving a payment or payments of more than
$15,000 within a twelve-month period, in whole or in part derived
from Village funds unless the Village public official or employee
has first made written disclosure of the nature and extent of such
relationship or interest to the Board of Ethics and to the department
acting for the Village in regard to such contract or lease. Said public
official or employee shall refrain from voting upon or otherwise participating
in the transaction or the making of such contract or sale. Any contract
or lease entered into in violation of this subsection may be voided
by the Village in an action commenced within three years of the date
on which the Board of Ethics, or the department or officer acting
for the Village in regard to the allocation of Village funds from
which such payment is derived, knew or should have known that a violation
of this subsection had occurred. This subsection does not affect the
application of Wis. Stats. § 946.13.[1]
B.
Political activity.
(1)
Nonelected employees.
(a)
No person employed with the Village shall, during the hours
when on duty, engage in any form of political activity calculated
to favor or improve the chances of any political party or any person
or candidate seeking or attempting to hold political office, nor engage
in any political activity when not on duty to such an extent that
efficiency during working hours will be impaired or will result in
being tardy or absent from work.
(b)
No person employed with the Village, or seeking employment therewith,
shall be employed, promoted, demoted, or discharged, or in any way
favored or discriminated against, because of political opinion or
affiliation or because of age, race, color, religious belief, handicap,
marital status, sex, national origin, ancestry, sexual orientation,
or arrest or conviction record.
(c)
No person employed by the Village shall use an official title
or job designation to favor or improve the chances of any political
candidate or any person seeking or attempting to hold political office.
(2)
Police officers.
(a)
Police officers shall observe strictly the applicable rules
of the Police Department relating to political activity, providing
such rules pertain only to hours on duty.
(b)
No person holding a position in the Police Department shall
use an official title or a job designation in the form of any political
activity calculated to favor or improve the chances of any political
candidate or any person seeking or attempting to hold political office.
(3)
All officials and employees. No official or employee, whether elected
or appointed, shall promise employment in any municipal position as
a reward for any political activity.
A.
A Village President or trustee who has a financial or other private
interest in any legislation or matter shall disclose on the records
of the Village Board the nature and extent of such interest. A Village
President or trustee shall voluntarily disqualify from voting if the
matter under consideration involves personal or financial interests
to the extent that such interests conflict with official duties or
would impair independence of judgment.
B.
Any other officials or employees who have a financial or other private
interest, and who participates in discussion with or gives an official
opinion to the Board, shall disclose on the records of the Village
Board the nature and extent of such interest.
Any person having concerns or complaints related to this Ethics
Ordinance can bring them to the Village Board for remedy or sanction.
Prior to imposing a remedy or sanction, the Village Board shall consider
the complaint and provide an opportunity to be heard to the person
against whom the complaint is made. Remedies or sanctions that may
be imposed by the Village Board include, but are not necessary limited
to, a reprimand or other disciplinary action (up to and including
termination or removal from office, where appropriate), and/or imposition
of a fine up to $1,000 per offense.
In this chapter, the following terms shall have the meaning
indicated:
Any money or property, favor, service, payment, advance,
forbearance, loan, or promise of future employment, but does not include
compensation and expenses paid by the Village, fees honorariums and
expenses which are permitted and reported under Wis. Stats., § 19.56,
political contributions which are reported under Wis. Stats. Ch. 11,
or hospitality extended for a purpose unrelated to Village business
by a person other than an organization.
When used with reference to an organization, includes any
organization in which a person or a member of his or her immediate
family is a director, officer or trustee, or owns or controls, directly
or indirectly, and severally or in the aggregate, at least 10% of
the outstanding equity.
Any person who files nomination papers and a declaration
under Wis. Stats., Ch. 8, for the purpose of appearing on the ballot
for election as a Village public official or any person nominated
for the purpose of appearing on the ballot for election as a Village
public official through the write in process and who files a declaration
under Wis. Stats., Ch. 8.
The payment or receipt of anything of value without valuable
consideration.
Has the meaning given under the U.S. Internal Revenue Code.
An action that a person performs in a given state of facts
in a prescribed manner in obedience to the mandate of legal authority,
without regard to the exercise of the person's own judgment as
to the propriety of the action being taken.
Any person who is nominated by the Village President for
appointment to a Village public office and whose nomination requires
the confirmation of the Village Board.
Any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, trust, self-employed individual or other legal
entity which engages in profit-making activities.
All officers of the Village of Blue Mounds established pursuant
to Wis. Stats., Ch. 61, who are elected by the voters or appointed
by the Village President and confirmed by the Village Board.
Any person holding a Village public office.
