c. A petition for review is denied.
d. The Town receives written notice from you that an appeal or petition for review will not be filed.
Dated this ______ day of ________, 20__.
[Signature of town clerk (or other record custodian)]
Note:
Section 19.356 (2) (a), Wis. stats., provides that the Town shall “within 3 days after making the decision to permit access, serve written notice of that decision on any record subject to whom the record pertains, either by certified mail or by personally serving the notice on the record subject.”
STATE OF WISCONSIN
Town of ________
________ County
TO: ________ [Record requester]
Your request for access to the following record of the Town of ________, ________ County, Wisconsin, is granted: [specifically describe record here].
The subject of the requested record holds a [state or local] public office, namely ________.
Under
s. 19.356 (9), Wis. stats., all of the following conditions apply to the grant of access to the requested record:
1. Within 3 days after making the decision to permit access, the Town will serve written notice of that decision on any record subject to whom the record pertains.
2. Within 5 days after receipt of the notice under paragraph 1, the record subject may augment the record to be released with written comments and documentation selected by the record subject.
3. The Town will release the requested record, as augmented by the record subject, upon the expiration of the 5-day period for augmenting the record under paragraph 2.
Dated this ______ day of ________, 20__.
[Signature of town clerk (or other record custodian)]
Note: “Local public office” is defined in
s. 19.32 (1dm), Wis. stats., as:
19.32 (1dm) “Local public office” has the meaning given in
s. 19.42 (7w), and also includes any appointive office or position of a local governmental unit in which an individual serves as the head of a department, agency, or division of the local governmental unit, but does not include any office or position filled by a municipal employee, as defined in
s. 111.70 (1) (i).
And “local public office” is defined in
s. 19.42 (7w), Wis. stats., as:
19.42 (7w) “Local public office” means any of the following offices, except an office specified in sub. (13):
(a) An elective office of a local governmental unit.
(b) A county administrator or administrative coordinator or a city or village manager.
(c) An appointive office or position of a local governmental unit in which an individual serves for a specified term, except a position limited to the exercise of ministerial action or a position filled by an independent contractor.
(cm) The position of member of the board of directors of a local exposition district under subchapter II of chapter 229 not serving for a specified term.
(d) An appointive office or position of a local government which is filled by the governing body of the local government or the executive or administrative head of the local government and in which the incumbent serves at the pleasure of the appointing authority, except a clerical position, a position limited to the exercise of ministerial action or a position filled by an independent contractor.
“State public office” is defined in
s. 19.32 (4), Wis. stats., as:
“Record subject” is defined in
s. 19.32 (2g), Wis. stats., as:
19.32 (2g) “Record subject” means an individual about whom personally identifiable information is contained in a record.
STATE OF WISCONSIN
Town of ________
________ County
TO: ________ [Record subject]
A request for access to the following record of the Town of ________, ________ County, Wisconsin, has been granted by the Town: [specifically describe record here].
You are the subject of the requested record.
You hold a [state or local] public office, namely ________, which subjects the record request to the provisions of
s. 19.356 (9), Wis. stats.
Under
s. 19.356 (9), Wis. stats., all of the following conditions apply to the grant of access to the requested record:
1. Within 5 days after receipt of this notice, you may augment the record to be released with written comments and documentation selected by you.
2. The Town will release the requested record, as augmented by the you, upon the expiration of the 5-day period for augmenting the record under paragraph 1.
Dated this ______ day of ________, 20__.
[Signature of town clerk (or other record custodian)]
Note:
Section 19.356 (9) (a), Wis. stats., provides that the Town shall “within 3 days after making the decision to permit access, serve written notice of that decision on the record subject, either by certified mail or by personally serving the notice on the record subject.”
STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Ethics Ordinance. The purpose of this ordinance is to regulate, limit, and control certain administrative actions of town officials and employees in the town, including unethical actions of those officials and employees, as determined under this ordinance.
SECTION II – DECLARATION OF POLICY
A. It is declared that certain administrative actions of town officials and town employees are to be regulated, permitted, or limited to allow the official's and employee's actions to occur in an ethical, timely, and efficient manner.
B. It is declared that high moral and ethical standards among town officials and town employees are essential to the conduct of free government and that the town board believes that a code of ethics for the guidance of town officials and town 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 people of the town in their town public officials and employees.
C. (Optional) It is the intent of the town board that any elected town official, any person appointed to elective office, any candidate for town elective office, all heads of departments, and all other designated town officials and town employees, including but not limited to those whose responsibilities involve the following, shall be required to file a Statement of Economic Interests as provided for in this ordinance:
1. Sale or lease of real estate.
2. Receipt of monies.
3. Purchasing of supplies.
4. Issuing of permits or licenses.
5. Assessment of property.
6. Inspection of property.
7. Construction of public works.
8. Settlement of claims.
9. Preparation or awarding of contracts.
10. Retention of outside service.
11. Performance of professional legal services for the town.
D. It is the intent of the town board that the town ethics board, town officials, and town employees in their administrative operations shall protect to the fullest extent possible the rights of individuals affected and the town and its government from improper, dishonest, and inefficient conduct of its town officials and town employees.
E. The town board reaffirms by this ordinance that a town official or employee holds his or her position as a public trust, and any effort to realize personal gain through official conduct is a violation of that trust. This ordinance does not prevent any town official or employee from accepting other employment or following any pursuit that in no way interferes with the full and faithful discharge of his or her duties to this town. The town board recognizes all of the following:
1. That town officials and town employees are drawn from society and, therefore, cannot and should not be without all personal and economic interest in the decisions and policies of government.
2. That town officials and town employees retain their rights as citizens to interests of a personal or economic nature.
3. That standards of ethical conduct for town officials and town employees need to distinguish between minor and inconsequential conflicts that are unavoidable in a free society and conflicts that are substantial and material.
4. That town officials and town employees may need to engage in employment, professional, or business activities, other than official duties, in order to support themselves or their families and to maintain a continuity of professional or business activity, or may need to maintain investments, which activities or investments do not conflict with the provisions of this ordinance.
SECTION III - AUTHORITY AND ADOPTION
This ordinance, adopted pursuant to
s. 19.59, Wis. stats., by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the town to regulate, permit, or limit certain acts of certain town officials and town employees in the town.
SECTION IV – DEFINITIONS
In this ordinance:
A. “Anything of value” means any money or property, favor, service, payment, advance, forbearance, loan, or promise of future employment to a town official or employee, but does not include compensation and expenses paid by the town board, fees and expenses that are permitted and political contributions that are reported under chapter 11, Wis. stats., or money or hospitality extended for a purpose unrelated to town business by a person other than an organization.
B. “Associated,” when used with reference to an organization, includes any organization in which an individual or a member of his or her immediate family is a director, officer, or trustee, or owns or controls directly or indirectly, and severally or in the aggregate, at least 10% of the outstanding equity or of which an individual or a member of his or her immediate family is an authorized representative or agent.
C. “Ethics board” means the Town Ethics Board of the Town of ________.
D. “Gift” means the payment or receipt of anything of value without valuable consideration.
E. “Immediate family” means parents, grandparents, children, grandchildren, brothers, sisters, parents-in-law, grandparents-in-law, brothers-in-law, sisters-in-law, uncles, aunts, nephews, nieces, spouses, fiancées or fiancés.
F.
“Income” has the meaning given under
Section 61 of the Internal Revenue Code.
G.
“Internal Revenue Code” has the meaning given under
s. 71.01 (6), Wis. stats.
H. “Ministerial action” means an action that an individual performs in a given state of facts in a prescribed manner in obedience to the mandate of legal authority, without regard to the exercise of the individual's own judgment as to the propriety of the action being taken.
I.
“Nominal value” means having negligible, inconsequential, or slight value and not any substantial value. Examples include pens, hats, date books, calendars, or key chains having a value of less than $
5.00.
J. “Organization” means any corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust, or other legal entity other than an individual or body politic.
K.
1. “Security” has the meaning given in
s. 551.102 (28), Wis. stats.
2. “Security” does not include a certificate of deposit in a bank, savings and loan association, savings bank, credit union, or similar association organized under the laws of any state or the federal government; a defined benefit retirement plan, an annuity, a money market fund, a mutual fund, or an exchange-traded fund or exchanged-traded note.
L. “Substantial value” means having more than nominal or inconsequential value or having merchantable value. Any item or service with a value of $5 or more is presumed to have substantial and not nominal or inconsequential value.
M. “Town” means the Town of ________, ________ County, Wisconsin.
N. “Town board” means the board of supervisors for the Town of ________, ________ County, Wisconsin, and includes designees of the board authorized to act for the board.
O. “Town clerk” means the clerk of the Town of ________, ________ County, Wisconsin.
P. “Town employee” means any individual who is not a town official, and who holds an office or position in the service of the town [if applicable, not including an office or position subject to the jurisdiction of the town fire and police commission.]
Q. “Town official” means any individual holding any of the following:
1. A town elective office.
