[HISTORY: Adopted by the Common Council of the City of Glenwood
City 12-1-2003 by Ord. No. 2003-02 as Title 2, Ch. 5, of the 2003 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 hereby established in this chapter a Code of Ethics for all City
of Glenwood 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 of Glenwood 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
this City in their elected and appointed officials and employees.
The Common Council hereby reaffirms that each elected and appointed
City official and employee holds his or her 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 hereby declared to be in the best interests of
the City of Glenwood City.
The following definitions shall be applicable in this chapter:
Any gift, favor, loan, service or promise of future employment,
but does not include reasonable fees and honorariums, or the exchange
of seasonal, anniversary or customary gifts among relatives and friends.
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.
The following specific blood or marriage relationships:
Any person excluded from the definition of a public official
who is employed by the City.
Those persons serving in statutory elected or appointed offices
provided for in Chapter 62 of the Wisconsin Statutes and all members
appointed to boards, committees and commissions established or appointed
by the Mayor and/or Common Council pursuant to this Code of Ordinances,
whether paid or unpaid.
Owning or controlling, directly or indirectly, at least 10%
or $5,000 of the outstanding stock of any business.[1]
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:
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 carry out impartially the laws of the nation, state and
municipality, 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 must 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. Staff members shall file a copy of such
professional ethics codes with the City Clerk-Treasurer. The City
Clerk-Treasurer may notify the appropriate professional ethics board
of any ethics violations involving City employees covered by such
professional standards.
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 employee in the conduct of official business,
as authorized by the Common Council or authorized board, commission
or committee.
B.
Use of City stationery. Copies of any correspondence written on City
stationery shall be filed with the City Clerk-Treasurer or his designee.
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. 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 or her immediate
family.
D.
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.
Financial and personal interest prohibited.
(1)
No official or employee of the City, whether paid or unpaid, shall
engage in any business or transaction or shall act in regard to financial
or other personal interest, direct or indirect, which is incompatible
with the proper discharge of official duties in the public interest,
contrary to the provisions of this chapter or which would tend to
impair independence of judgment or action in the performance of official
duties.[1]
(2)
Any member of the Common Council who has a financial interest or
personal interest in any proposed legislation before the Common Council
shall disclose on the records of the Common Council the nature and
extent of such interest; such official shall not participate in debate
or vote for adoption or defeat of such legislation. If the matter
before the Council involves a member's personal interest with
persons involved, the member may participate in debate or discussion
and vote on the matter following disclosure, unless an ordinance or
contract is involved; if an ordinance or contract is involved, such
official shall not participate in debate or discussion and vote on
the matter.
(3)
Any nonelected official, other than a City employee, who has a financial
interest or personal interest in an proposed legislative action of
the Common Council or any board, commission or committee upon which
the official has any influence or input or of which the official is
a member that is to make a recommendation or decision upon any item
which is the subject of the proposed legislative action shall disclose
on the records of the Common Council or the appropriate board, commission
or committee the nature and extent of such interest. Such official
shall not participate in debate or discussion or vote for adoption
or defeat of such legislation.
(4)
Any City employee who has a financial interest or personal interest
in any proposed legislative action of the Common Council or any board,
commission or committee upon which the employee has any influence
or input, or of which the employee is a member, that is to make a
recommendation or decision upon any item which is the subject of the
proposed legislative action shall disclose on the records of the Common
Council or the appropriate board, commission or committee the nature
and extent of such interest.[2]
B.
Disclosure of confidential information. 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.
C.
Gifts and favors.
(1)
No official or employee, personally or through a member of his immediate
family, may solicit or accept, either directly or indirectly, from
any person or organization, money or anything of value if it could
be expected to influence the employee's official actions or judgments
or be considered a reward for any action or inaction on the part of
the official or employee.
(2)
No official or employee, personally or through a member of his immediate
family, shall accept any gift, whether in the form of money, service,
loan, thing or promise, from any person which may tend to impair his
independence of judgment or action in the performance of his duties
or grant in the discharge of his duties any improper favor, service
or thing of value.
(3)
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 is
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.
(4)
Gift received by an official or employee or his immediate family
under unusual circumstances shall be referred to the Common Council
within 10 days of receipt for recommended disposition. Any person
subject to this chapter who becomes aware that he is or has been offered
any gift, the acceptance of which would constitute a violation of
this subsection, shall, within 10 days, disclose the details surrounding
said offer to the Common Council. Failure to comply with this reporting
requirement shall constitute an offense under this chapter.
D.
Representing private interests before City agencies.
(1)
Nonelected City officials and employees shall not appear on behalf
of any private person (other than himself or herself, his or her spouse
or minor children) before any City agency, board, or 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.[3]
(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 above 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 City official or employee who, in his
capacity as such officer or employee, participates in the making of
a contract in which he has a private pecuniary interest, direct or
indirect, or performs in regard to that contract with some function
requiring the exercise of discretion on his part shall enter into
any contract with the City unless, within the confines of § 946.13,
Wis. Stats., the contract is awarded through a process of public notice
and competitive bidding or the Common Council waives the requirement
of this subsection after determining that it is in the best interest
of the City to do so. The provisions of this subsection shall not
apply to the designation of a public depository of public funds.
Any questions as to the interpretation of any provisions of
this Code of Ethics shall be referred to the City Attorney. Such requests
shall be as detailed as possible and shall be made in writing. 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.
A.
This section governs the proposed hiring of individuals for full-time or part-time work as City employees who are member of the immediate family of City employees or elected officials. "Immediate family" includes those relatives by blood or marriage defined as personal interests in the definition of "personal interest" in § 47-2.
B.
Hiring an immediate family member of any current elected official
is discouraged and should only be considered if said individual is
the most qualified candidate for the position. It would require a
two-thirds vote by the Common Council in order to be confirmed. Such
relationship should be made known to the Common Council by either
the applicant or elected official prior to consideration.
C.
Hiring the immediate family member of any current City employee should
only be considered if the individual has the knowledge, skills, experience,
or other job-related qualifications that warrant consideration for
the position. It is required that either the current employee or applicant
make this relationship known prior to consideration by the hiring
official and Common Council.
In the event an employee, covered under a collective bargaining
agreement, is allegedly involved in an Ethics Code violation, the
terms and conditions set forth in the applicable collective bargaining
agreement shall prevail in the administration and interpretation of
this Ethics Code.
A.
Sanctions.
A determination that an employee's actions constitute improper
conduct under the provisions of this chapter may 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.
When an ethics complaint has been filed against a police officer
or firefighter or the Chief of either the Police or Fire Department,
the procedure shall be had in accordance with the provisions of § 62.13,
Wis. Stats.
