2. An appointive town office or position 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.

3. An appointive town office or position that is filled by the town board or the executive or administrative head of the town 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.

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.

The administration and enforcement of this ethics code is vested in the ethics board. Any individual may request of the ethics board an advisory opinion regarding the propriety of any matter or matters to which the person is or may become a party as provided in Section X.

A. No town official or town employee may use his or her public position or office to obtain financial gain or anything of substantial value for the town official’s or town employee’s private benefit or that of his or her immediate family, or for an organization with which he or she is associated. This subsection does not prohibit any of the following:

1. An elected official from using the title or prestige of his or her office to obtain contributions permitted and reported under ch. 11, Wis. stats.

2. A town official or employee from obtaining items or services of nominal or no value.

3. A town official or employee from purchasing surplus or discarded items under s. 175.10 (1m), Wis. stats.

B. The town board may not sell or give to any town official or town employee, nor may a town official or town employee purchase or receive as a gift from the town, any article, material, product, or merchandise of whatsoever nature, excepting meals, public services, and specialized appliances and paraphernalia required for the safety or health of the officials or employees.

C. No person may offer or give to any town official or town employee, directly or indirectly, and no town official or town employee may solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence the town official’s vote or the town official’s or town employee’s official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on the part of the town official or town employee. This ordinance does not prohibit town officials or town employees from doing any of the following:

1. Engaging in outside employment, but this ordinance specifically does not override any other ordinance or contract prohibiting outside employment, and does not in any way permit a town official or employee from taking action for the benefit of an outside employer that is otherwise prohibited.

2. Accepting any item or service of nominal or no value.

D. If a town official or town employee receives an item that the official or employee is not permitted to accept or retain under this ordinance, the official or employee shall do one of the following:

1. Give the item to the town to use or sell, except that the town may not sell the item to any official or employee.

2. Give the item to a public institution, such as a local school, library, or museum, that can use the item.

3. Give the item to a charitable organization, not including a charitable organization with which the official or employee or his or her immediate family is associated.

4. Return the item to the donor.

5. If the donor is neither a lobbyist, as defined in s. 13.62 (11), Wis. stats., nor a principal, as defined in s. 13.62 (12), Wis. stats., purchase the item at its full retail value and keep the item.

E. No town official or town employee may intentionally use or disclose information gained in the course of, or by reason of, his or her official position or activities in any way that could result in the receipt of anything of value for himself or herself, for his or her immediate family, or for any other person, if the information has not been communicated to the public or is not public information. This provision shall not be interpreted to prevent a town official or town employee from reporting violations of this ordinance or other illegal acts to proper authorities.

F. No town official or town employee may use or attempt to use his or her position to influence or gain unlawful benefits, advantages, or privileges for himself or herself, or others. The prohibition in this subsection F specifically includes, but is not limited to, any of the following violations of the Wisconsin Statutes:

1. Section 125.51 (1) (b), Wis. stats., which provides that no member of the town board may hold a permit under s. 125.54, Wis. stats., or, with respect to the issuance or denial of licenses under s. 125.51, Wis. stats., any act in violation of s. 19.59 (1), Wis. stats.

2. Section 82.11 (2) (a), Wis. stats., which provides that no town official may act in laying out, altering, or discontinuing a highway if acting would result in a violation of the State of Wisconsin Codes of Ethics for Local Government Officials, Employees, and Candidates, s. 19.59, Wis. stats., or of a town ethics ordinance enacted under s. 19.59 (1m), Wis. stats.

3. Section 175.10, Wis. stats., which provides that no town officer or member or officer of any town board, or any purchasing agent or purchasing agency of any town, shall sell or procure for sale or have in its possession or under its control for sale to any employees of the town any article, material, product, or merchandise of whatsoever nature, excepting meals, public services, and such specialized appliances and paraphernalia as may be required for the safety or health of the employees, except that s. 175.10 (3), Wis. stats., provides that the provisions of s. 175.10, Wis. stats., shall not apply to the town, nor to any department, agency, officer, or employee of the town when engaged in any recreational, health, welfare, relief, safety, or educational activities furnished by the town.