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.
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.
R. “Wis. stats.” means the Wisconsin Statutes, including successor provisions to cited statutes.
SECTION V - 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 VI - APPLICABILITY
This ordinance applies to all town officials and town employees.
SECTION VII – ADMINISTRATION AND ENFORCEMENT
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.
SECTION VIII – SPECIFIC REQUIREMENTS
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 chapter 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.
4.
Section 946.10, Wis. stats., Bribery of Public Officers and Employees, which provides that whoever does either of the following is guilty of a Class H felony:
a. Whoever with intent to influence the conduct of any public officer or public employee in relation to any matter which by law is pending or might come before the officer or employee in the officer's or employee's capacity as such officer or employee or with intent to induce the officer or employee to do or omit to do any act in violation of the officer's or employee's lawful duty transfers or promises to the officer or employee or on the officer's or employee's behalf any property or any personal advantage which the officer or employee is not authorized to receive; or
b. Any public officer or public employee who directly or indirectly accepts or offers to accept any property or any personal advantage, which the officer or employee is not authorized to receive, pursuant to an understanding that the officer or employee will act in a certain manner in relation to any matter which by law is pending or might come before the officer or employee in the officer's or employee's capacity as such officer or employee or that the officer or employee will do or omit to do any act in violation of the officer's or employee's lawful duty.
5.
Section 946.11, Wis. stats., Special Privileges from Public Utilities, which provides that, except as provides in
s. 946.11 (3), Wis. stats., whoever does the following is guilty of a Class I felony:
a. Whoever offers or gives for any purpose to any public officer or to any person at the request or for the advantage of such officer any free pass or frank, or any privilege withheld from any person, for the traveling accommodation or transportation of any person or property or for the transmission of any message or communication; or
b. Any public officer who asks for or accepts from any person or uses in any manner or for any purpose any free pass or frank, or any privilege withheld from any person for the traveling accommodation or transportation of any person or property or for the transmission of any message or communication; or
c. Any public utility or agent or officer thereof who offers or gives for any purpose to any public officer or to any person at the request or for the advantage of such officer, any frank or any privilege withheld from any person for any product or service produced, transmitted, delivered, furnished or rendered or to be produced, transmitted, delivered, furnished, or rendered by any public utility, or any free product or service whatsoever; or
d. Any public officer who asks for or accepts or uses in any manner or for any purpose any frank or privilege withheld from any person for any product or service produced, transmitted, delivered, furnished or rendered by any public utility.
6.
Section 946.12, Wis. stats., Misconduct in Public Office, which provides that any public officer or public employee who does any of the following is guilty of a Class I felony:
a. Intentionally fails or refuses to perform a known mandatory, nondiscretionary, ministerial duty of the officer's or employee's office or employment within the time or in the manner required by law; or
b. In the officer's or employee's capacity as such officer or employee, does an act which the officer or employee knows is in excess of the officer's or employee's lawful authority or which the officer or employee knows the officer or employee is forbidden by law to do in the officer's or employee's official capacity; or
c. Whether by act of commission or omission, in the officer's or employee's capacity as such officer or employee exercises a discretionary power in a manner inconsistent with the duties of the officer's or employee's office or employment or the rights of others and with intent to obtain a dishonest advantage for the officer or employee or another; or
d. In the officer's or employee's capacity as such officer or employee, makes an entry in an account or record book or return, certificate, report, or statement which in a material respect the officer or employee intentionally falsifies; or
e. Under color of the officer's or employee's office or employment, intentionally solicits or accepts for the performance of any service or duty anything of value that the officer or employee knows is greater or less than is fixed by law.
7.
Section 946.13, Wis. stats., Private Interest in Public Contracts Prohibited, which provides that, except as provided in
s. 946.13 (2) and
(5) to
(12), Wis. stats., any public officer or public employee who does any of the following is guilty of a Class I felony:
a. In the officer's or employee's private capacity, negotiates or bids for or enters into a contract in which the officer or employee has a private pecuniary interest, direct or indirect, if at the same time the officer or employee is authorized or required by law to participate in the officer's or employee's capacity as such officer or employee in the making of that contract or to perform in regard to that contract some official function requiring the exercise of discretion on the officer's or employee's part; or
b. In the officer's or employee's capacity as such officer or employee, participates in the making of a contract in which the officer or employee has a private pecuniary interest, direct or indirect, or performs in regard to that contract some function requiring the exercise of discretion on the officer's or employee's part.
8.
Section 946.14, Wis. stats., Purchasing Claims at Less than Full Value, which provides that any public officer or public employee who in a private capacity directly or indirectly intentionally purchases for less than full value or discounts any claim held by another against the state or a political subdivision thereof or against any public fund is guilty of a Class I felony.
G.
(Optional) No town official or town employee, nor any member of a town official's or town employee's immediate family, nor any organization for which the town official or town employee or a member of the town official's or town employee's immediate family owns or controls at least 10% of the outstanding equity, voting rights, or outstanding indebtedness may enter into any contract or lease involving payment of more than $________ [insert amount not exceeding $15,000] within a 12-month period, in whole or in part derived from town funds, unless the town official or town employee has first made written disclosure of the nature and extent of the relationship or interest to the town board and to the town clerk. Any contract or lease entered into in violation of this subsection may be voided by the town board or in an action commenced within 3 years of the date on which the ethics board or officer acting for the town in regard to the allocation of funds from which payment is derived, knew or should have known that a violation of this subsection had occurred. This subsection does not affect the application of
s. 946.13, Wis. stats.
H. Except for a town official or town employee acting in his or her official capacity, no town official or town employee may represent a person for compensation before any town board, commission, committee, or other body of any type, or any other town official or town employee, except in any of the following cases:
1. In a contested case that involves a party other than the town with interests adverse to those represented by the town official or town employee.
2. At an open hearing at which a stenographic or other record is maintained.
3. In a matter that involves only ministerial action by the town.
I. No former town official or town employee may do any of the following:
1. For 12 months following the date on which he or she ceases to be a town official or town employee, for compensation, on behalf of any person other than a governmental entity, make any formal or informal appearance before or negotiate with, any town official or town employee or a town board, commission, committee, or other body of any type with which he or she was associated as a town official or employee, within 12 months prior to the date on which he or she ceased to be an official or employee.
2. For compensation, act on behalf of any party other than the town in connection with any judicial or quasi-judicial proceeding, application, contract, claim, or charge that might give rise to a judicial or quasi-judicial proceeding in which the former town official or town employee participated personally and substantially as a town official or town employee.
J. (Optional) No person, including any town official or town employee, may knowingly make any oral false statements under oath or before any town board, commission, committee, or body of any type that the person does not believe to be true in any matter, cause, action, or proceeding. It is not a defense to a prosecution under this ordinance that the false statement was later corrected or retracted by that person.
K. (Optional) No person, including any town official or town employee, under oath or affirmation may knowingly make or subscribe a written false statement or knowingly make a false statement with intent that it shall appear to have been served under oath or affirmation that the person does not believe is true. It is not a defense to a prosecution under this ordinance that the false statement was later corrected or retracted by that person.
L. (Optional) No person, including any town official or town employee, may intentionally take and carry away, use, transfer, convey, or retain possession of property of the town without consent of the town board or its designated agent, with intent to deprive the town permanently of the property.
M. No town official or town employee may do any of the following:
