[HISTORY: Adopted by the Common Council of the City of Markesan
by Ord. No. 213 (Ch. 1, Secs. 1.53 through 1.61, of the 1991 Municipal 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 established a code of ethics for all City 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.
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 City and by directing disclosure by such officials and employees
of private financial or other interests in matters affecting the City.
The Common Council 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 the City in their elected
and appointed officials and employees. The Common Council reaffirms
that each elected and appointed City official and employee holds his
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 declared to be
in the best interests of the City.
The following definitions shall be applicable in this chapter:
Any money or property in excess of $15 in value, favor, service,
payment, advance, forbearance, loan, or promise of future employment,
but does not include compensation or expense reimbursement paid by
the City, 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 City business by a person other
than a firm, corporation, partnership, or joint venture.
[Amended 4-14-2015 by Ord. No. 233]
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.
Any person excluded from the definition of a public official
who is employed by the City.
Any person serving in statutory elected or appointed offices
provided for in Ch. 62, Wis. Stats., and all members appointed to
boards, committees and commissions established or appointed by the
Mayor and/or Common Council 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:
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§ 946.10, Bribery of Public Officers and Employees
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§ 946.11, Special Privileges from Public Utilities
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§ 946.12, Misconduct in Public Office
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§ 946.13, 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 the
State and carry out impartially the laws of the nation, state and
City, 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 shall
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 City staff are expected to follow their appropriate
professional code of ethics.
A.
Use of public property. No official or employee shall use or permit
the unauthorized use of City-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 City policy
for the use of such official or employee in the conduct of official
business, as authorized by the Common Council 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 City to secure
any advantage, preference or gain, over and above his rightful remuneration
and benefits, for himself or for a member of his immediate family.
C.
Political contributions. No official shall personally solicit from
any City 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.
Disclosure of confidential information.[1] 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 interests of the official or employee
or others.
[1]
Editor's Note: Original 1.59(1), Financial and personal interest
prohibited, which immediately preceded this subsection, was repealed
4-14-2015 by Ord. No. 233.
B.
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 official duties or would tend to impair such official or employee's
independence of judgment or action in the performance of his official
duties, unless otherwise permitted by law and unless disclosure is
made as hereinafter provided.
C.
Gifts and favors.
(1)
No official or employee shall accept or offer to accept anything
of value from any person who, to his knowledge, is interested directly
or indirectly, or is seeking an interest, directly or indirectly,
in any manner whatsoever in business dealings with the City, or from
any person who conducts activities which are regulated by the City,
or from any person who has interests which may be substantially affected
by actions of the City.
(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 duties
any improper favor, service, or thing of value.
(3)
Gifts received under unusual circumstances should be referred to
the Common Council 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 City 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.
D.
Representing private interests before City agencies or courts.
(1)
Nonelected City officials and employees shall not appear on behalf
of any private person (other than himself, his spouse or minor children)
before any City agency, board, commission or the Common Council 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 City officials 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. However, the disclosure requirements of Subsection A of this section shall be applicable to such appearances.
E.
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 Common Council that such interest
exists.
F.
Contracts with the City. No official or employee who, in his 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 City unless:
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 City Attorney for an advisory opinion. The official or employee
shall have the opportunity to present his interpretation of the facts
at issue and of the applicability of provision 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 to be more appropriate or desirable.
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.
[Added 4-14-2015 by Ord.
No. 233]
For each violation of this chapter, the minimum forfeiture is
$30, and the maximum forfeiture is $1,000, for each offense.
