b. Making an advisory opinion public with the consent of the individual requesting the advisory opinion or the organization or governmental body on whose behalf it is requested. A person who makes or purports to make public the substance of or any portion of an advisory opinion requested by or on behalf of the person is deemed to have waived the confidentiality of the request for an advisory opinion and of any records obtained or prepared by the ethics board in connection with the request for an advisory opinion.
D. Complaints. 1. The ethics board shall accept from any individual, either personally or on behalf of an organization or governmental body, a complaint in writing that states the name of any person alleged to have committed a violation of this ordinance and that specifically describes the alleged violation. The ethics board shall forward to the accused within 10 days a copy of the complaint and a general statement of the applicable provisions with respect to the complaint. If the ethics board determines that the complaint does not allege facts sufficient to constitute a violation of this ordinance, it shall dismiss the complaint and notify the complainant and the accused. If the ethics board determines that the complaint alleges facts sufficient to constitute a violation of this ordinance, it may make an investigation with respect to any alleged violation. If the ethics board determines that the complaint was brought for harassment purposes, the ethics board shall so state.
2. a. Following the receipt of a complaint or upon the receipt of other information, whether or not under oath, that provides a reasonable basis for the belief that a violation of this ordinance has been committed or that an investigation of a possible violation is warranted, the ethics board may investigate the circumstances concerning the possible violation. Prior to invoking any power, the ethics board shall authorize an investigation by a motion of the ethics board that shall state the nature and purpose of the investigation and the actions or activities to be investigated. Upon adoption of a motion, the ethics board shall notify each person who is the subject of the investigation.
b. If no complaint has been filed and the ethics board finds probable cause to believe that a violation of this ordinance has occurred, the ethics board may, on its own motion, make a complaint, which shall be in writing, shall state the name of the person who is alleged to have committed a violation of this ordinance, and shall specifically describe the alleged violation. The ethics board shall forward to the accused within 10 days a copy of the complaint, a general statement of the applicable provisions with respect to the complaint, and a specific statement enumerating the source or sources of information upon which the complaint is based.
c. If a complaint has been filed and the ethics board finds probable cause to believe that a violation of this ordinance, other than one contained in the compliant, has occurred, it may amend the complaint, upon its own motion, to include those other violations. If the complaint is so amended by the ethics board, a copy of the amendment shall be sent to the alleged violator within 48 hours.
3. Upon adoption of a motion authorizing an investigation, the ethics board shall mail a copy of the motion to each alleged violator who is identified in the motion together with a notice informing the alleged violator that the person is the subject of the investigation authorized by the motion and a general statement of the applicable provisions with respect to the investigation. Service of the notice is complete upon mailing.
4. No action may be taken on any complaint that is filed later than 3 years after a violation of this ordinance is alleged to have occurred.
E. Investigations. Pursuant to any investigation or hearing conducted under this ordinance, the ethics board has the power to do any of the following:
1. Require any town official or town employee to submit in writing reports and answers to questions relevant to the proceedings conducted under this ordinance as the ethics board may prescribe, within the period and under oath or otherwise as the ethics board may determine.
2. Administer oaths and to require by subpoena issued by it the attendance and testimony of witnesses and the production of any documentary evidence relating to the investigation or hearing being conducted. Issuance of a subpoena requires action by the ethics board.
3. Order testimony to be taken by deposition before any individual who is designated by the ethics board and has the power to administer oaths, and, in such instances, to compel testimony and the production of evidence in the same manner as authorized by paragraph 2.
4. To pay witnesses the same fees and mileage as are paid in like circumstances by the courts of this state.
5. To retain outside counsel and other experts as needed after solicitation of recommendations from the town attorney and upon such contract for services approved for form and content by the town attorney.
F. Probable Cause of Violation. 1. At the conclusion of its investigation, the ethics board shall, in preliminary written findings of fact and conclusions based on its findings, make a determination of whether probable cause exists to believe that a violation of this ordinance has occurred. If the ethics board determines that no probable cause exists, it shall immediately send written notice of the determination to the accused and to the party who made the complaint. If the ethics board determines that there is probable cause for believing that a violation of this ordinance has been committed, its preliminary findings of fact and conclusions may contain any of the following:
a. A referral to the district attorney's office recommending further investigation and possible prosecution.
b. An order setting a date for hearing to determine whether a violation of this ordinance has occurred. The ethics board shall serve by registered mail the order upon the accused. A hearing ordered under this paragraph shall be commenced within 30 days after the date it is ordered unless the accused petitions for and the ethics board consents to a later date. Prior to any hearing ordered under this paragraph, the accused is entitled to full discovery rights, including adverse examination of witnesses who will testify at the hearing at a reasonable time before the date of the hearing.
2. The ethics board shall inform the accused, or his or her counsel, of exculpatory evidence in its possession.
G. Hearing Procedure. 1. During any investigation and during any hearing conducted to determine whether a violation of this ordinance has occurred, the accused may be represented by counsel of his or her own choosing, and the accused, or his or her representative, if any, shall have an opportunity to do all of the following:
a. Challenge the sufficiency of any complaint that has been filed against him or her.
b. Examine all documents and records obtained or prepared by the ethics board in connection with the matter heard.
c. Bring witnesses.
d. Establish all pertinent facts and circumstances.
e. Question or refute testimony or evidence, including confronting and cross-examining adverse witnesses.
f. Exercise fully any pretrial discovery procedure usually available in civil actions.
2. During any hearing conducted by the ethics board to determine whether a violation of this ordinance has occurred, all evidence, including certified copies of records that the ethics board considers, shall be fully offered and made a part of the record in the proceedings. The accused or any other person under investigation shall be afforded adequate opportunity to rebut or offer countervailing evidence. Upon request of the accused, the ethics board shall issue subpoenas to compel the attendance of necessary witnesses.
3. The ethics board may appoint a hearing examiner to conduct hearings under this ordinance. The ethics board may also retain outside counsel and other experts as needed with respect to hearings in accordance with its policies. The selection of a hearing examiner and outside counsel or other experts and any contract for such persons shall be made after solicitation of recommendations from the town attorney and the contract shall be approved for form and content by the town attorney. Any person identified during a hearing conducted by the ethics board and who, in the opinion of the ethics board, may be adversely affected by the results of the hearing, may, upon the request of the person, a representative of the person, or any member of the ethics board, appear personally or by a representative to testify, and the ethics board may permit any other person to appear and to testify at a hearing.
4. After the conclusion of the hearing, the ethics board shall as soon as practicable begin deliberations on the evidence presented at the hearing and proceed to determine whether the accused has violated this ordinance.
H. Determinations: Ethics Board Actions. If the ethics board determines that no violation of this ordinance has occurred, it shall immediately send written notice of the determination to the accused and to the party who made the complaint. If the ethics board determines that a violation of this ordinance has occurred, its findings of fact and conclusions may contain one or more of the following orders or recommendations:
1.
In the case of a town official, a recommendation to the town board that the town official be censured, suspended, or removed from office or employment, subject to
ss. 9.10 and
17.13, Wis. stats. The recommendation shall be made to the appropriate appointing authority who may censure, suspend, or take action to remove the official from office or employment.
2. In the case of a town employee, a recommendation to the town board that the town employee be reprimanded, disciplined, or discharged. The recommendation shall be made to the appropriate appointing authority.
3. An order requiring the accused to conform his or her conduct to this ordinance.
I. Settlements. 1. The ethics board may compromise and settle any action or potential action for a violation of this ordinance that the ethics board is authorized to take under this ordinance. An action may be settled for such sum or terms as may be agreed upon between the ethics board and the alleged violator.
2. Whenever the ethics board enters into a settlement agreement with an individual who is accused of a violation of this ordinance or who is investigated by the ethics board for a possible violation of this ordinance, the ethics board shall reduce the agreement to writing, together with a statement of the ethics board's findings and reasons for entering into the agreement, and shall retain the agreement and statement in its office for inspection.
J. Actions by the Town Board. 1. Actions authorized. If findings relative to a town official or town employee are filed by the ethics board with the town board under subsection H, the matter shall be considered and decided upon by the town board, referred to the appropriate standing committee of the town board for a report, or the town board may appoint a special committee and the committee shall proceed in accordance with the direction of the town board and this ordinance, as the town board deems appropriate.
2.
Recommendations. A committee receiving a matter under paragraph 1, in reporting the matter to the town board, may recommend a dismissal of the charges, a reprimand, discipline, or discharge of a town employee, or for a town official, censure, suspension, or removal from office, subject to
ss. 9.10 and
17.13, Wis. stats. (Optional) Failure of an official to file the Statement of Economic Interest required may constitute grounds for removal from office.
3. Hearing. Any hearing by the town board or by a special or standing committee as designated by the town board, shall be conducted in accordance with the following provisions:
a. The accused town official or town employee shall be given at least 20 days' notice of the hearing date.
b. The rules of evidence shall apply to the hearing. All evidence, including certified copies of records and documents that the town board considers shall be fully offered and made part of the record in the case. Each party shall be afforded adequate opportunity to rebut or offer countervailing evidence.
c. During the entire hearing conducted under this subsection, the accused town official or town employee shall be entitled to be represented by counsel of his or her choosing. The town board shall immediately disclose and forward to the person, or his or her counsel, any evidence that it possesses that may tend to clear the official.
d. The accused town official or town employee, or his or her representative, shall have an adequate opportunity to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses to 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. Upon the request of the accused, the town board shall subpoena named individuals to appear as witnesses at the hearing, if such action is necessary to compel their attendance.
e.
The town board shall have the power to compel the attendance of witnesses and to issue subpoenas for books, records, documents, or papers to be designated under the authority granted to it by
s. 885.01 (3), Wis. stats.
4. Town Board Action. a. The town board may dismiss the charges, reprimand, discipline, or discharge a town employee, or censure, suspend, or remove a town official from office, subject to
ss. 9.10 and
17.13, Wis. stats. Town board action shall be by majority vote. (Optional) Failure of an official to file the Statement of Economic Interest required may constitute grounds for removal from office.
b. The town board shall make a determination in regard to the recommendation of the Ethics Board or committee if the matter is referred to a committee under paragraph 1. Action by the town board shall be by a majority vote.
K. Reimbursement of Legal Expenses. Town funds shall be used to reimburse individuals for reasonable legal expenses incurred in their successful defense of charges filed against them with the ethics board or of charges filed with the ethics board by the ethics board.
L. Records. 1. Except as provided in paragraph 2, all records in the possession of the ethics board are open to public inspection at all reasonable times.
2. Notwithstanding paragraph 1, the following records in the ethics board's possession are not open for public inspection:
a. Records obtained in connection with a request for an advisory opinion other than summaries of advisory opinions that do not disclose the identity of individuals requesting such opinions or organizations on whose behalf they are requested. The ethics board may, however, make such records public with the consent of the individual requesting the advisory opinion or the organization or governmental body on whose behalf it is requested. A person who makes or purports to make public the substance of or any portion of an advisory opinion requested by or on behalf of the person is deemed to have waived the confidentiality of the request for an advisory opinion and of any records obtained or prepared by the ethics board in connection with the request for an advisory opinion.
b. Records obtained or prepared by the ethics board in connection with an investigation, except that the ethics board shall permit inspection of records that are made public in the course of a hearing by the ethics board to determine if a violation of this ordinance has occurred.
SECTION XI - PENALTY
In addition to any other action, any person violating this ordinance shall be subject to a forfeiture of not less than $100 nor more than $1,000 for each violation. All forfeitures shall be paid to the town treasurer. The town attorney, when so requested by the ethics board, shall institute proceedings to recover any forfeiture incurred under this section in circuit court that is not paid by the person against whom it is assessed. The ethics board or town board may seek injunctive relief from a court of record to enjoin further violations.
SECTION XII – SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION XIII - EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly post or publish this ordinance as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Town Board Meeting and Parliamentary Procedure Ordinance. The purpose of this ordinance is to establish specific procedures for the actions of the town board in the operation of the town.
SECTION II – AUTHORITY
The town board has the specific authority to adopt this Town Board Meeting and Parliamentary Procedure Ordinance under the Wisconsin Open Meetings Law,
subchapter V of chapter 19, Wis. stats.,
ss. 60.20 and
60.22, Wis. stats., and common law.
SECTION III – ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, establishes specific procedures for the actions of the town board in the operation of the town.
SECTION IV - SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION V – TOWN BOARD MEETING RULES OF PROCEDURES
A. Meetings of Town Board, Generally. 1. All meetings of the town board, including any special and adjourned meetings, shall be on proper notice under
s. 19.84, Wis. stats. The notice of any town board meeting shall include the Open Meeting Agenda and shall be given at least 24 hours prior to the meeting of the town board, unless for good cause such notice is impossible or impractical, in which case shorter notice may be given, but in no case may the notice be provided less than 2 hours in advance of the meeting. The town chair, or his or her designee, shall be responsible for proper posting or publication of the meeting notice and agenda. No members of the town board shall be excluded from a meeting of the town board or any other meeting of any subunit of the town, unless by court order, or unless under
s. 19.89, Wis. stats., and the rules of the town.
2.
All meetings of the town board, including any special or adjourned meetings, shall be held at the town hall, except that a different location may be designated by the town chair, or his or her designee, by giving proper written notice of the meeting and agenda, and of the substituted location, in conformance with
s. 19.84, Wis. stats.
B. Regular Meetings of the Town Board. Regular meetings of the town board shall be held [state regular meeting date, e.g., on the 2nd Tuesday of each month] at ____ p.m.
C. Posting Locations. (Optional) The 3 usual and customary posting locations for the notice and agenda shall be the following, unless the town board directs posting at other locations: [list locations] _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
D. Special Meetings of the Town Board. 1. a. A special meeting of the town board may be called by the town chair in writing with the written call for the special meeting of the town board filed with the town clerk at least 24 hours prior to the proposed special meeting of the town board, with the time specified in the written call for the special meeting. The town chair, or his or her designee, shall properly and timely give notice of the special meeting, including the meeting agenda.
b. A member of the town board, other than the town chair, may request that a special meeting of the town board be called by filing with the town clerk in writing a request for the calling of a special meeting of the town board, designating the agenda item or items for the special meeting. Upon receipt of the request, the town clerk shall immediately cause the request for special meeting to be personally served upon the other members of the town board, including the town chair, along with a notice to each town board member that if any town board member other than the member requesting the special meeting, including the town chair, files a written authorization for the requested special meeting of the town board with the town clerk not later than 24 hours after receipt of the request for special meeting, a special meeting of the town board will be called. Upon receipt of a written authorization for a special meeting of the town board, the town clerk shall set a time for the special meeting not more than 2 business days thereafter and shall properly and timely give notice of the special meeting, including the meeting agenda.*
2.
Any special meeting of the town board shall be in compliance with the notice and agenda requirements of subsection A and
ss. 19.82 and
19.84, Wis. stats.
3. The town clerk, upon receipt of the written call for a special meeting of the town board, shall immediately notify, in writing, each member of the town board by delivering the written Open Meeting Notice and Agenda or by having the written Open Meeting Notice and Agenda delivered personally to each member of the town board. If any member of the town board cannot be personally notified in writing, the town clerk shall deliver or have delivered a copy of the written Open Meeting Notice and Agenda at the home of any such member of the town board in the presence of an adult member of the family of the town board member. If written notice of the special meeting cannot be served upon any member of the town board through an adult family member, the town clerk shall post the special meeting written notice and agenda in 3 usual and customary locations [, as noted in subsection C, if subsection C is adopted]. The presiding officer, or his or her designee, shall be responsible for publishing notice of the agenda as required by law.
4. The town clerk shall file proof of service of the special meeting notice by filing an affidavit noting the time, place, and location of authorized service of the special meeting notice upon the town board. If personal service upon any member of the town board of the town was not completed, the town clerk shall state in the affidavit the type of service or written notice completed.
5. Special meetings of the town board may be held without service and notice under paragraph 3 when a quorum of members of the town board are present at a prior town board meeting at which oral notice of the special meeting is given or when a quorum of the town board members consent in writing to the holding of a future special meeting of the town board. Any consent by any member of the town board shall be noted on record by the town clerk prior to the beginning of any special meeting of the town board.
6. Special meetings of the town board attended by a quorum of the members shall be considered a regular meeting of the town board for the transaction of any town business that may come before the town board if the business considered was so noted in the written meeting notice and agenda.
7. The town board may, by majority vote, adjourn any special meeting of the town board from time to time to a specific date and hour. The adjournment to the specific time and place shall be in compliance with subchapter V of chapter 19, Wis. stats., including proper notice and agenda.
E. Order and Conduct at Any Town Board Meeting. 1. Unless a reformed business order agenda is approved by the town board and unless the reformed business order agenda is properly noticed in compliance with subchapter V of chapter 19, Wis. stats., and then presented in writing to the town clerk prior to the meeting, the regular business order and agenda of meetings of the town board shall be as set forth in paragraph 2. The town chair, in consultation with the town clerk, shall establish the specific business items included in the agenda for each meeting and shall post the Open Meeting Agenda Notice for the meeting. Any town board member may contact the town clerk to request a specific item be placed on the agenda and that item shall be placed on the agenda, unless the town board has, at a previous meeting, determined that the item shall not be included. The agenda order for specific issues or items related to any procedural motions, communications, petitions, reports, unfinished business, motions, resolutions, ordinances, and new business shall be established by the town chair after consultation with the town clerk. However, a majority of the town board may at the meeting properly move or remove any matter included on the agenda if the matter is in compliance with the Notice and Agenda requirements of subchapter V of chapter 19, Wis. stats. No matters may be added to the agenda without proper notice under subchapter V of chapter 19, Wis. stats.
2. The regular business order agenda for the town shall be:
a. Call to order.
b. Roll call/Quorum call/Verification of public notice and approval of agenda of the town board meeting.
c. Public comments and suggestions from residents of the town and other persons present. Introduction of guests.
d. Reading and approval of minutes of prior meeting after errors in the minutes have been rectified to the satisfaction of the town board.
e. Procedural motions by members of the town board. [List each motion and contents of motion to be discussed and possible town board actions to be taken.]
f. Communications and petitions by town clerk – No discussion or action.
