[HISTORY: Adopted by the Village Board of the Village of
Fredonia as Title 2, Ch. 5, of the 1995 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 Village
of Fredonia officials and employees, whether elected or appointed,
paid or unpaid, including members of boards, committees and commissions
of the Village, as well as any individuals who are candidates for
elective office as soon as such individuals file nomination papers
with the Village.
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 Village of Fredonia and by directing disclosure by such officials
and employees of private financial or other interests in matters affecting
the Village. The Village Board 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 Village in their elected and appointed officials and employees.
The Village Board hereby reaffirms that each elected and appointed
Village 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 Village of Fredonia.
The following definitions shall be applicable in this chapter.
Any money or property, favor, service, payment, advance, forbearance, loan, or promise of future employment, but does not include compensation or expense reimbursement paid by the Village, honorariums, fees and expenses under the standards and reporting requirements set forth in § 19.56, Wisconsin Statutes, campaign contributions as regulated by § 49-6C of this chapter, or hospitality extended for a purpose unrelated to Village business by a person other than a firm, corporation, partnership, or joint venture.
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 Village.
Those persons serving in statutory elected or appointed offices
provided for in Chapter 61 of the Wisconsin Statutes, and all members
appointed to boards, committees and commissions established or appointed
by the Village President and/or Village Board 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.
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, to wit:
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 Village staff are expected to follow their appropriate
professional code of ethics. Staff members shall file a copy of such
professional ethics codes with the Village Clerk. The Village Board
shall notify the appropriate professional ethics board of any ethics
violations involving Village employees covered by such professional
standards.
[Amended 11-17-2022 by Ord. No. 2022-6]
A.
Use of public property. No official or employee shall use or permit
the unauthorized use of Village-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 Village policy
for the use of such official or employee in the conduct of official
business, as authorized by the Village Board 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 sue or attempt to use his or her position with the Village 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.
C.
Political contributions. No official shall personally solicit from
any Village 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.
D.
Use of Village stationery. Copies of any correspondence written on
Village stationery shall be filed with the Village Clerk or his designee.
[Amended 11-17-2022 by Ord. No. 2022-6]
A.
Financial and personal interest prohibited.
(1)
No official or employee of the Village, 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.
(2)
Any member of the Village Board who has a financial interest or personal
interest in any proposed legislation before the Village Board shall
disclose on the records of the Village Board 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 Village Board 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 Village employee, who has a
financial interest or personal interest in any proposed legislative
action of the Village Board 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 Village Board 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 Village employee who has a financial interest or personal interest
in any proposed legislative action of the Village Board 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 Village
Board or the appropriate board, commission or committee the nature
and extent of such interest.
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 Village, nor
shall such information be used to advance the financial or other private
interest of the official or employee or others.
C.
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 or her official duties or would tend to impair such official
or employee's independence of judgment or action in the performance
of his or her official duties, unless otherwise permitted by law and
unless disclosure is made as hereinafter provided.
D.
Gifts and favors.
(1)
No official or employee shall accept or offer to accept anything
of value from any person who, to his or her knowledge, is interested
directly or indirectly, or is seeking an interest, directly or indirectly,
in any manner whatsoever in business dealing with the Village, or
from any person who conducts activities which are regulated by the
Village, or from any person who has interests which may be substantially
affected by actions of the Village.
(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 or
her duties any improper favor, service, or thing of value.
(3)
Gifts received under unusual circumstances should be referred to
the Village Board 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
Village official or employee. Participation in celebrations, grand
openings, open houses, informational meetings and similar events are
excluded from this prohibition. This paragraph 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.
E.
Representing private interests before Village agencies or courts.
(1)
Nonelected Village officials and employees shall not appear on behalf
of any private person (other than him- or herself, his or her spouse
or minor children) before any Village agency, board, commission or
committee of which the official or employee is a member or has any
jurisdiction, discretion or control over the matter which is the subject
of such representation.
(2)
Elected Village officials may appear before Village agencies on behalf of constituents in the course of their duties as representative 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.
F.
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 Village Board that such interest
exists.
G.
Contracts with the Village. No official or employee who, in his or
her 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
Village unless:
(1)
The contract is awarded through a process of public notice and competitive
bidding;
(2)
The contract or activity is exempt from or otherwise deemed appropriate
by § 946.13, Wis. Statutes;
When an official or employee has doubt as to the applicability
of a provision of this section, such official or employee may apply
to the Ethics Board for an advisory opinion. 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
section before such advisory decision is made. This section 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.
[Amended 11-17-2022 by Ord. No. 2022-6]
A.
Membership. There is hereby created an Ethics Board consisting of
five voting members and two alternates who shall be compensated the
same as other committee members. The members of the Ethics Board shall
be residents of the Village or full-time employees of a business located
in the Village. The members shall not be officials or employees of
the Village, whether elected or appointed, paid or unpaid, including
members of boards, committees and commissions of the Village, as well
as any individuals who are candidates for elective office as soon
as such individuals file nomination papers with the Village. The members
shall not be immediate family members of a Village official or employee.
Each member shall be appointed by the Village President and subject
to confirmation by the Village Board. Terms of office shall be three
years, except that when the initial appointments are made, one member
shall be appointed for one year, two shall be appointed for two years
and two for three years. The alternates shall be appointed for three-year
terms, except that when the initial appointments are made, one alternate
shall be appointed for one year and one shall be appointed for two
years. The alternates serve on the Board when one of the citizen members
is unavailable. The Board shall elect its own Chairman and Vice Chairman.
The Village Attorney shall furnish the Board legal assistance when
necessary and when doing so does not present a conflict of interest
to the Village Attorney. With the prior approval of the Village Board,
the Ethics Board may retain independent counsel when the Village Attorney
is unable to provide legal assistance to the Board. The Village Clerk
shall serve as the Ethics Board Secretary.
B.
Powers and duties.
(1)
The Ethics Board shall adopt and develop written rules which shall
be submitted to the Village Board for approval. A copy of such rules
shall be filed with the Village Clerk.
(2)
Any person to whom this section applies may apply, in writing, to
the Ethics Board for an advisory opinion as to the interpretation
and application of this section and shall be guided by the opinion
rendered. Such person shall have the opportunity to present his interpretation
of the facts at issue and of the applicability of provisions of this
section before the advisory decision is rendered. No Trustee may attend
a meeting of the Ethics Board unless requested to do so by the Ethics
Board. Meetings for deliberations and action upon such applications
shall not be open to the public. Opinions rendered by the Ethics Board
shall be in writing. Records of the Ethics Board's opinions, opinion
requests and investigations of violations shall be closed to public
inspection. The Ethics Board, however, may make such records public
with the consent of the individual requesting the advisory opinion
or in the event that individual makes public any portion of the opinion.
In the event the Ethics Board deems it necessary or appropriate, it
may request an advisory opinion from the Village Attorney. The Ethics
Board may, if it determines that its opinion in response to a request
for an advisory opinion as to the interpretation or application of
a provision of this Code of Ethics to certain fact situations would
be of value to other officials or employees in terms of providing
guidance or guidelines in future fact, situations of a same or similar
nature, issue a summary opinion setting forth what it deems to be
appropriate conduct in such a manner that it does not disclose the
identity of the individual whose original request prompted the issuance
of such summary opinion.
(3)
All complaints shall be in writing and verified and shall state the
name of the official or employee alleged to have committed a violation
of this section and the particulars thereof. Complaints shall be addressed
to the Ethics Board and filed with the Village Clerk.
(4)
Within 14 days after the filing of a properly verified complaint,
the Ethics Board shall meet to accept the complaint. Within three
days after accepting the complaint, the Ethics Board shall mail a
copy of the complaint to the accused by certified mail.
(5)
Following the acceptance of a verified complaint, the Ethics Board
may make preliminary investigations with respect to alleged violation
of this section. No preliminary investigation of the activities of
any official or employee may be initiated unless such official or
employee is notified in writing by certified mail. The notice shall
state the exact nature and purpose of the investigation, the individual's
specific actions or activities to be investigated and a statement
of such person's due process rights. The preliminary investigation
shall be completed within 30 days from acceptance of a verified complaint,
except that the Ethics Board may extend that period an additional
30 days with like notice to the official or employee and to the complainant.
(6)
If, after such investigation, the Ethics Board finds that probable
cause does not exist for believing the allegations of the complaint
or believing that the conduct complained of violates the Ethics Code,
it shall dismiss the complaint. The Ethics Board shall promptly notify
the accused and the complainant of its decision in writing by certified
mail. The Ethics Board's decision to dismiss a complaint shall be
final. The same complaint or a complaint which is substantially the
same shall not be reconsidered by the Ethics Board unless the complainant
provides additional material information which was not available to
the complainant at the time the original complaint was filed and which,
if true, would probably change the outcome. The Ethics Board's decision
to reconsider or not to reconsider shall be final.
(7)
If, after such investigation, the Ethics Board finds that probable
cause exists for believing the allegations of the complaint, it shall
conduct a hearing on the matter which shall be held not more than
30 days after such finding. The Ethics Board shall give the accused
at least 20 days' notice of the hearing date. Such hearings shall
be at open session unless the accused petitions for a hearing closed
to the public. The rules of criminal evidence shall apply to such
hearings. All evidence, including certified copies of records and
documents, which the Ethics Board considers, shall be fully offered
and made part of the record in the case. Every party shall be afforded
adequate opportunity to rebut or offer countervailing evidence.
(8)
During all stages of any investigation or proceeding conducted under
this section, the accused shall be entitled to be represented by counsel
of his own choosing.
(9)
The accused or his representative shall have an adequate opportunity to examine all documents and records to be used at the hearing under Subsection B(7) above at a reasonable time before the date of the hearing as well as during the hearing to bring witnesses, establish all pertinent facts and circumstances and to question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses.
(10)
The Ethics Board shall have the power to compel the attendance of
witnesses and to issue subpoenas granted other boards and commissioners
under § 885.01(3), Wisconsin Statutes.
(11)
Upon conclusion of the hearing, the Ethics Board shall file its decision
within five days, in writing, signed by all participating Ethics Board
members, with findings of fact, conclusions of law concerning the
propriety of the conduct of the official or employee and, if appropriate,
refer the matter to the Village Board or other proper authority with
a recommendation for suspension, removal from office or employment,
or other disciplinary action.
A determination that an official or employee's actions constitute
improper conduct under the provisions of this chapter shall constitute
a cause for suspension, removal from office or employment or other
disciplinary action. Sanctions will require a 2/3 vote of the entire
membership of the Village Board.
No full-time officer or employee of the Village shall engage
in other ongoing, significant remunerative employment outside regular
Village employment if it interferes with the employee's ability to
satisfactorily and safely perform his primary employment with the
Village; provided, that the Village Board may approve such outside
employment or activity if it finds that it does not interfere or conflict
with such officer's ability to perform his duties in an efficient
and unbiased manner. Violation of this provision shall be grounds
for removal from office of any such officer or employee.
A.
The Village Clerk shall cause a copy of this Code of Ethics to be
distributed to every public official and employee of the Village within
30 days after enactment of this section. Each public official and
employee elected, appointed or engaged thereafter shall be furnished
a copy before entering upon his duties.
[Amended 11-17-2022 by Ord. No. 2022-6]
B.
Each public official, the Village President, the Chairman of each
board, commission or committee and head of each department shall,
between May 1 and May 31 of each year, review the provisions of this
code with his fellow Trustees or board, commission, committee members
or subordinates, as the case may be, and certify to the Village Clerk
by June 15 that such annual review had been undertaken. A copy of
this Ethics Code shall be continuously posted at the Village Hall.
[Amended 11-17-2022 by Ord. No. 2022-6]
C.
Each public official and employee shall, in connection with Subsections A and B above, also complete and file with the Department head, as appropriate, the following statement of understanding:
"I have read and understand the contents of the Village of Fredonia
Ethics Code, including the attached state statutes. I also understand
that I am expected to adhere to and conduct myself according to rules,
guidance and direction as set forth in the Ethics Code." (§§ 946.10
through 946.15, Wis. Stats.)
This chapter shall be operative in all instances covered by
its provisions, except when superseded by an applicable statutory
provision and statutory action, or when the application of a statutory
provision is discretionary but determined by the Board to be more
appropriate.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
Violations of this chapter and the Code of Ethics are punishable
pursuant to § 19.59(3)(f), Wis. Stats.
[1]
Editor's Note: See the Village's Schedule of Forfeitures for
current penalties.
