[HISTORY: Adopted by the Village Board of the Village of Balsam Lake 8-2-1999
by Ord. No. 1999-5. Amendments noted where applicable.]
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 a Code of Ethics for all Village
of Balsam Lake 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. The purpose
of this 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 Balsam Lake and
by directing disclosure by such officials and employees of private financial
or other interests in matters affecting the Village. The provisions and purpose
of this code and such rules and regulations as may be established are hereby
declared to be in the best interests of the Village of Balsam Lake.
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 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 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.
A.
Loyalty; adherence to rules of work and performance.
All officials and employees of the Village of Balsam Lake should be loyal
to the objective 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.
B.
Authority; breach of law; cooperation with officials
and employees. 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 doing so
by law or by the officially recognized confidentiality of their work.
A.
Use of public property. No official or employee shall
request or permit the unauthorized use of Village-owned vehicles, equipment,
materials or property for personal convenience or profit.
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.
A.
Financial and personal interest prohibited. No official
or employee, 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.
B.
FINANCIAL INTEREST
PERSON
PERSONAL INTEREST
Definitions. As used in this section, the following terms
shall have the meanings indicated:
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 person, corporation, partnership or joint venture.
Any interest arising from blood or marriage relationships or from
close business or political associations, whether or not any financial interest
is involved.
C.
Specific conflicts enumerated.
(1)
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 official duties or would tend to impair official duties, unless otherwise
permitted by law and unless disclosure is made as hereinafter provided.
(2)
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.
(3)
Gifts and favors.
(a)
No official or employee shall accept any gift, whether
in the form of service, loan, thing or promise, from any person which may
tend to impair his or her independence of judgment or action in the performance
of his or her duties or grant in the discharge of his or her duties any improper
favor, service or thing of value. Any official who receives, directly or indirectly,
any gift or gifts having an aggregate value of more than $50 within any calendar
year from any person who is known by said official or employee to be interested
directly or indirectly in any manner whatsoever in business dealings with
the Village upon which the official or employee has any influence or input
or over which the official or employee has any jurisdiction, discretion or
control shall disclose the nature and value of such gifts to the Labor Committee
by January 20 next following the year in which the gift or gifts are received.
(b)
No official or employee may solicit or accept, either
directly or indirectly, from any person or organization, money or anything
of value if it could reasonably be expected to influence the official's or
employee's official actions or judgments or be considered a reward for any
action or inaction on the part of the official or employee.
(c)
An official or employee is not to accept hospitality
if after consideration of the surrounding circumstances it could reasonably
by concluded that such hospitality would not be extended were it not for the
fact that the guest or 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 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.
(d)
Gifts received by any official or employee under unusual
circumstances should be referred to the Labor Committee within 10 days of
receipt for recommended disposition.
(4)
Representing private interests before Village agencies
or courts. No officer or employee shall appear on behalf of any private person
(other than himself or herself, his or her spouse or minor children) before
any Village agency or municipal court. However, members of the Village Board
may appear before Village 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.
A.
Upon the sworn complaint of any person alleging facts which,
if true, would constitute improper conduct under the provisions of this chapter,
the Labor Committee shall conduct an investigation. If a reasonable basis
for the complaint is determined, the Committee shall conduct a public hearing
in accordance with the common law requirements of due process including notice
and opportunity to be heard; an opportunity to cross-examine witnesses and
to present testimony and other evidence in support of the accused's position;
and an opportunity to be represented by counsel or other representative at
the expense of the accused. The Committee shall make written findings of fact
and issue a written decision concerning the propriety of the conduct of the
subject official or employee and shall refer the matter to the Village Board
for final disposition.
B.
In the event a member of the Labor Committee is allegedly involved
in an Ethics Code violation, the Village President, subject to confirmation
of the Village Board, shall appoint another Village Board member to temporarily
replace the member of the Committee who is under investigation.
C.
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.
A determination that an official's or employee's actions constitute
improper conduct under the provisions of this chapter may constitute a cause
for suspension, removal from office or employment or other disciplinary action.
B.
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.
The Village Clerk-Treasurer shall cause a copy of this Code of Ethics
to be distributed to every public official and employee of the Village of
Balsam Lake within 30 days after taking office or hired date.
