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]
The following statutes affect this form: s. 60.30 (1e) (a), Wis. stats. The Wisconsin Towns Association has developed a sample ordinance providing for an appointed town clerk, town treasurer, or combined town clerk/treasurer. Electronic copies of the sample ordinance may be found in the Ordinances and Resolutions section of the Information Library at the Towns Association website at:
The following statutes affect this form: s. 60.30 (3), Wis. stats. STATE OF WISCONSIN
Town of ________
________ County
To ________ ________:
You are hereby notified that at the election for the Town of ________, ________ County, Wisconsin, held on ________ ___, 20__, you were elected to the office of ________. [If an oath or bond is required, add: A failure to file your oath [and bond] of office within 5 days after receiving this notice constitutes a refusal to serve in the office.]
Dated this ______ day of ________, 20__.
[Signature of town clerk]
Note: See s. 60.31, Wis. stats. The following statutes affect this form: s. 60.30 (5), Wis. stats. STATE OF WISCONSIN
Town of ________
________ County
________ ________, the incumbent of the office of ________, of the Town of ________, ________ County, Wisconsin, being [unable to perform the official duties or absent], we, the undersigned town board, appoint ________ ________, of the town, to discharge the duties of the office until [the disability of ________ ________ is removed or ________ ________ returns].
Dated this ______ day of ________, 20__.
Attest: [Signature of town clerk]
Note: Adapt this form for s. 60.30 (5) (b), Wis. stats., if a town officer refuses to perform any official duty. The following statutes affect this form: s. 60.321, Wis. stats. STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, 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, resolves and orders as follows:
Reimbursement by the town is authorized for elected and appointed town officers and employees for the following travel, meals, and lodging costs and expenses authorized and incurred by these officers and employees in their duties for the town. The rates and the lodging, meal, and travel costs and expenses authorized for any travel event are as follows:
RATES
[Insert Alternative 1, 2, or 3 below.]
(Alternative 1) The Town of ________ will not reimburse or pay any costs or expenses for meals, lodging, and travel to any town officer or employee unless the town board, or its designee, has approved in writing, in advance, the expenses and costs prior to these costs and expenses being incurred by the officer or employee.
(Alternative 2) The Town of ________ will not reimburse or pay any costs or expenses for meals, lodging, and travel by any town officer or employee unless the town board, or its designee, has approved in writing, in advance, the expenses and costs prior to these costs and expenses being incurred by the officer or employee. Notwithstanding anything in this resolution to the contrary, the town board will not approve nor make payment of any amount of any total costs and expenses incurred by a town officer or employee in excess of $_____ per day.
(Alternative 3) The Town of ________ will not reimburse or pay any costs or expenses for meals, travel, and lodging for reimbursement or payment for any town officer or employee, except the following costs and expenses: [List specific items.]
Under s. 19.59, Wis. stats., no “local public official,” as defined in s. 19.42 (7x), Wis. stats., in any town action, including any travel event, may use his or her public position to obtain financial gain or anything of substantial value for his or her private benefit or that of his or her immediate family, as defined in s. 19.42 (7), Wis. stats., or for any organization with which he or she is associated, as defined in s. 19.42 (2), Wis. stats. Substantial value for purposes of this resolution is $_____ or more. Upon proper written proof of payment timely submitted to the town clerk by a town officer or employee for authorized travel costs and expenses, or upon a sworn affidavit by the officer or employee timely submitted to the town clerk demonstrating the specific travel costs and expenses incurred by the officer or employee, the town shall provide, by the town clerk, timely payment to the officer or employee. Such written proof or sworn affidavit by the town officer or employee shall be submitted to the town clerk in writing within ____ days of the costs or expenses being incurred. The town shall not be required to make payment or reimbursement for expenses or costs not timely received as determined by the town board or its designees.
The town clerk shall properly post or publish this resolution as required under s. 60.80, Wis. stats. Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
The following statutes affect this form: s. 60.33 (4) (b), Wis. stats. STATE OF WISCONSIN
Town of ________
________ County
To the county clerk of ________ County, Wisconsin:
You are hereby notified that the following are the town officers in the Town of ________, ________ County, Wisconsin:
Dated this ______ day of ________, 20__.
[Signature of town clerk]
The following statutes affect this form: s. 60.33 (4) (c), Wis. stats. STATE OF WISCONSIN
Town of ________
________ County
To the clerk of the circuit court of ________ County, Wisconsin:
You are hereby notified that on ________ ___, 20__, ________ ________ was [elected or appointed] to the office of [municipal judge or constable] for the Town of ________, ________ County, Wisconsin, for the term of ________ to fill a vacancy in place of ________ ________, last incumbent, who has [resigned or otherwise].
Dated this ______ day of ________, 20__.
[Signature of town clerk]
The following statutes affect this form: s. 60.33 (9) (b), Wis. stats. STATE OF WISCONSIN
Town of ________
________ County
To the administrator of [legal name of cooperative educational service agency]:
Pursuant to s. 60.33 (9) (b), Wis. stats., the names and addresses of the school district clerks in the Town of ________, ________ County, Wisconsin, are set forth below: The post-office address of the undersigned is ________.
Dated this ______ day of ________, 20__.
