[HISTORY: Adopted by the Village Board of the Village of
Grafton as Title 2, Ch. 2.46, of the 1979 Code. Amendments noted where
applicable.]
The proper operation of democratic government requires that
public officials and employees be independent, impartial and responsible
to the people. The purpose of this chapter is to establish ethical
standards of conduct for all such officials and to direct disclosure
by such officials of private financial or other interests in matters
affecting the Village. The municipal officials and employees of the
Village, whether elected or appointed, are "public officials and employees"
within the meaning and intent of this chapter.
Public officials and employees are bound 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 primary concern.
Their conduct in both their official and private affairs shall be
above reproach. Public officials are bound to uphold the Constitution
of the United States and the Constitution of the state and to carry
out impartially the laws of the nation, state and municipality.
[Amended by Ord. No. 014, Series 2005]
A.
Confidential information is, at the time of proposed disclosure,
information where the Village of Grafton's interests in its confidentiality
or in the Village's effective functioning outweigh an interest in
free speech to disclose the information. 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 same is ordered pursuant to a lawful order of a court
or the informed consent of the subject, as applicable. Information
that is subject to the exemptions of a governmental body to meet in
open session under § 19.85, Wis. Stats., unless release
is authorized by the legal custodian or other proper legal authorization
is given is included. For the purposes of this section, information
shall include knowledge imparted orally, recordings, and written documents
or records.
B.
No official or employee may use or disclose confidential information
concerning the property, government or affairs of the Village of Grafton
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 private interest of such official or employee or
others.
Public officials and employees shall not exceed their authority
or breach law or ask others to do so, and they shall 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.
Unilateral communications. No public official or employee shall encourage,
make or accept any application or communication from any party made
out of the presence and without the knowledge of other parties in
a matter under consideration when such application or communication
is designed to influence official decision or the conduct of the official
himself or other officials, employees or agencies in order to obtain
favored treatment or special consideration to advance the personal
or private interests of himself or others. Any written unilateral
communication received by a public official or employee in matters
where all interested parties should have equal opportunity for a hearing
shall be made a part of the record by the recipient. Any oral unilateral
communication received under such conditions shall be written down
in substance by the recipient and also made part of the record.
B.
Use of public property. No public official or employee shall request,
use 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 or are provided as municipal
policy for the use of such official or employee in the conduct of
official business.
C.
Obligation of citizen. No public official or employee shall grant
any special consideration, treatment or advantage to any citizen beyond
that which is available to every other citizen.
No Trustee or other public 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 his official duties in
the public judgment or will tend to impair his independence or judgment
or action in the performance of his official duties. Personal as distinguished
from financial interest includes 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. The following list is merely illustrative and
not exclusive:
A.
Incompatible employment. No Trustee or other public official or employee
shall engage in or accept private employment or render services for
private interests when such employment or service is incompatible
with the proper discharge of his official duties or tends to impair
his independence of judgment or action in the performance of his official
duties. In the event a Trustee, official or employee possesses a financial
or personal interest in any business or transaction, any presumption
of conflict of interest with his public duties shall be removed by
his disclosure of the nature and extent of such investment to the
Village Board for the records of that authority.
B.
Gifts and favors. No Trustee or other public official or employee
shall accept anything of value, as defined in § 19.42, Wis.
Stats., whether in the form of service, loan, thing or promise, from
any person who to his knowledge is interested directly or indirectly
in any manner whatsoever in business dealings with the Village; nor
shall any such official or employee accept any gift, favor or thing
of value that may tend to influence him in the discharge of his duties,
or grant in the discharge of his duties any improper favor, service
or thing of value. Any Trustee or other public official or employee
who accepts any gift, favor or thing of value shall, in the case of
a Trustee, disclose the matter in the minutes of the next Board meeting,
and in the case of other officials or employees, report the matter
to the Board for disclosure in the minutes of the next meeting.
[Amended by Ord. No. 014, Series 2005; at time of adoption of Code (see Ch. 1.01,
Code Adoption)]
C.
Representing private interests before Village agencies or courts.
No Trustee or other public official or employee whose salary is paid
in whole or in part by the Village shall appear in behalf of private
interests before any agency of the Village. He 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.
[Amended by Ord. No. 014, Series 2005]
D.
Contracts with the Village. Any Trustee or other public official
or employee who has substantial financial interest in any business
entity entering into or proposing to enter into, any transaction or
contract with the Village for the sale of real estate, material supplies
or services to the Village shall disclose such interest to the Village
Board to be reported in the minutes of the appropriate Board meeting.
And in the case of a Trustee, he shall refrain from voting upon or
otherwise participating (except in the performance of a ministerial
act) in the transaction or the making of such contract or sale.
[Amended by Ord. No. 014, Series 2005]
E.
Disclosure of interest in legislation. A Trustee who has a financial
or other private interest in any legislation shall disclose on the
records of the Board the nature and extent of such interest. This
provision shall not apply if the Trustee disqualified himself from
voting. Any other public official or employee who has a financial
or other private interest and who participates in discussion with
or gives an official opinion to the Board shall disclose on the record
of the Board the nature and extent of such interest.
[Amended by Ord. No. 014, Series 2005]
[Amended by Ord. No. 014, Series 2005]
A.
Violation of any provision of this chapter should raise conscientious
questions for the Trustee or any other official or employee concerned
as to whether voluntary resignation or other action is indicated to
promote the best interest of the Village.
B.
A determination that an elected official's actions constitute improper
conduct under the provisions of this chapter may constitute sanctioning,
censuring, removing the official, or other disciplinary action by
the Village Board, as permitted by law.
C.
A determination that an employee's actions constitute improper conduct
under the provisions of this chapter may constitute a cause for disciplining
or discharging the employee or other disciplinary action by the Village
Board as permitted by law.
D.
A determination that actions of an appointed member of a board, committee
or commission constitute improper conduct under the provisions of
this chapter may constitute a cause for the Village President to recommend
the removal of the member from the board, committee or commission.
E.
Removals, sanctions and censures may only be approved by an affirmative
vote of a majority of all members of the Village Board.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
[Amended by Ord. No. 014, Series 2005]
As an alternative or in addition to the sanctions imposed herein,
any person violating the provisions of this chapter shall be subject
to a forfeiture or not less than $100 nor more than $1,000 for each
violation.
