[HISTORY: Adopted by the Village Board of the Village of Hobart as indicated in article histories. Amendments noted where applicable.]
[Adopted as § 1.14 of the 2000 Code]
The Board recognizes that proper operation of democratic government requires that public officials and government employees be open and responsible to the people, and further recognize that citizens of the Village are entitled to the largest degree of information regarding the affairs of the Village, all as set forth in Subchapter V of Chapter 19 of the Wisconsin Statues. At the same time, however, the Board recognizes that § 19.85 of the Wisconsin Statutes recognizes the utility and importance of closed session meetings of governmental bodies in certain circumstances. In recognition of these two competing interests, there is established this nondisclosure of confidential information for all Village officials and employees, whether elected or appointed, paid or unpaid, including members of boards, committees, and commissions of the Village.
The purpose of this nondisclosure of confidential information is to establish guidelines of conduct for all Village officials and employees by directing nondisclosure by such officials and employees of information declared confidential in matters affecting the Village. The provisions and purpose of this nondisclosure of confidential information, and such rules and regulations as may be established hereunder, are hereby declared to be in the best interests of the Village.
For purposes of this article, the following terms have the meaning indicated:
- CONFIDENTIAL INFORMATION
- Information in which the Village's interests in its confidentiality or in the Village's effective functioning outweigh interests in free speech to disclose such information at the time of a proposed disclosure. "Confidential information" includes but is not limited to information where the disclosure is prohibited by common law, or state or federal law or statute, unless the release of such information is ordered pursuant to a lawful order of a court or the informed consent of the subject, as applicable; and information that is imparted during a closed session meeting of a government body occurring pursuant to § 19.85, Wisconsin Statutes, unless release is authorized by the legal custodian or other proper legal authorization is given. For purposes of this definition, "information" shall include knowledge imparted orally, digitally, recordings, and written documents or records.
No Village official or employee may use or publicly disclose confidential information concerning the property, government, or affairs of the Village gained in the course of or by reason of his official position or activities, nor shall such official or employee use such information to advance the financial or other private interest of such official or employee or others. Allegations of unauthorized disclosures of confidential information shall be investigated by the Ethics Committee, and the findings of such investigation shall be forwarded to the Board for further action.
Whenever the Assessor, in the performance of the Assessor's duties, requests or obtains income and expense information pursuant to § 70.47(7)(af), Wis. Stats., or any successor statute thereto, then such income and expense information that is provided to the Assessor shall be held by the Assessor on a confidential basis, except, however, that the information may be revealed to and used by persons in the discharge of duties imposed by law; in the discharge of duties imposed by office (including but not limited to use by the Assessor in performance of official duties of the Assessor's office and use by the Board of Review in performance of its official duties); or pursuant to order of a court. Income and expense information provided to the Assessor under § 70.47(7)(af), unless a court determines that it is inaccurate, is, per § 70.47(7)(af), not subject to the right of inspection and copying under § 19.35(1), Wis. Stats.