[HISTORY: Adopted by the Village Board of the Village of
Monticello as Title 2, Ch. 5, of the 1989 Code of Ordinances. Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person exclude from the definition of a public officer
who is employed by the Village.
Those persons 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, whether paid or unpaid.
A.Â
General policy. It is declared that high ethical standards among
Village officers and employees are essential to the conduct of good
representative government and that a code of ethics for the guidance
of public officers and employees will help them avoid conflicts between
their personal interests and public responsibilities, will improve
standards of public service and will promote and strengthen the confidence
of the residents of the Village in their public officers and employees.
The purpose of this chapter is to establish guidelines for ethical
standards of conduct for all such Village officers and employees by
setting forth those acts or actions that are incompatible with the
public interest and which compromise, or appear to compromise, public
trust in fairness, independence and integrity of Village officers
and employees and their official actions.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.Â
Responsibility of public office. 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 and 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.
Their conduct in both their official and private affairs should be
above reproach so as to foster respect or government.
C.Â
Dedicated service. All officials and employees of the Village of
Monticello should be loyal to the objectives expressed by the electorate
and the programs developed to attain these objectives. Appointive
officials and employees should adhere to the rules of work and performance
established as the standard for their positions by the appropriate
authority. 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.
The provisions of the following sections of the Wisconsin Statutes,
as from time to time amended, are made a part of this chapter and
shall apply to all public officers and public employees whenever applicable,
to wit:
A.Â
Use of public property. No public officer or employee shall use or
permit the use of Village 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 officer or employee in the conduct of official
business, as authorized by the Village Board or authorized board,
commission or committee.
B.Â
Conflicts of interest; disclosure of interest. Except as provided
herein, no public officer or public employee shall engage in any business
transaction with the Village, or have a financial or other personal
interest, direct or indirect, which is incompatible with the proper
discharge of his official duties or will tend to impair his independence
or judgment or action in the performance of his official duties. Any
public officer or employee who has a substantial financial interest,
including employment, in any business entity entering into, proposing
to enter into or bidding on any transaction with the Village, or as
part of his official duties will be making an official decision or
recommendation significantly affecting a business competitor, client
or regular customer, shall disclose such interest to the membership
of the Village Board (or committee, board or commission thereof, as
appropriate) to be recorded in the minutes of that body. Upon such
disclosure, it is advised that the public officer or employee abstain
from voting on the matter and from participating in the discussion
of the matter.
C.Â
Representing private interests before the Village Board or Village
agencies. No public officer or employee, including persons or firms
engaged to provide professional services to the Village, shall represent,
for compensation, private interests before the Village Board or any
Village Board, commission or committee without disclosure of the private
business relationship and explicit consent of the Village Board.
D.Â
Disclosure of confidential, sensitive information. No public officer
or employee shall, without proper authorization of the Village Board,
disclose confidential information concerning the property, government
or affairs of the Village, nor shall he use such information to advance
the financial or other private interest of himself or others.
E.Â
Gifts and favors. No public officer or employee shall accept anything
of value, as defined in § 19.42, Wis. Stats., whether in
the form of a gift, service loan or promise from any person, who,
to his knowledge, has a direct financial interest in any transaction
or official business with the Village, which may tend to impair his
independence of judgment or action in the performance of his official
duties. However, it is not a conflict of interest for any public officer
or employee to receive a gift of gratuity that is an unsolicited item
of nominal intrinsic value, such as a meal up to $10 in value.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.Â
Outside employment. No full-time officer of the Village shall engage
in any other remunerative employment within or without 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 ability of the officer or employee to perform his duties in an
efficient and unbiased manner.
A.Â
When an official or employee has doubt as to the applicability of
a provision of this Ethics Code to a particular situation or definition
of terms used in the Code, he should apply to the Ethics Board for
an advisory opinion and will be guided by that opinion when given.
B.Â
The official or employee shall have the opportunity to present his
interpretation of the facts at issue and of the applicability provisions
of the Ethics Code before such advisory decision is made. This Ethics
Code 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 by the Ethics Board to be more appropriate
or desirable.
Violation of any provision of this chapter may constitute a
cause for suspension, removal from office or employment or other disciplinary
action.
