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:
1. Take any official action substantially affecting a matter in which the official or employee, one or more members of the official's or employee's immediate family either separately or together, or an organization with which the official or the employee is associated has a substantial financial interest.
2. Use his or her office or position in a way that produces or assists in the production of a substantial benefit, direct or indirect, for the town official or town employee, one or more members of the official's or employee's immediate family either separately or together, or an organization with which the official or the employee is associated.
N. This ordinance does not prohibit a town official or town employee from taking official action concerning the lawful payment of salaries or employee benefits or reimbursement of actual and necessary expenses.
O. This ordinance does not prohibit the town clerk, or other town elected or appointed official or town employee from making inquiries for information on behalf of a person or organization if the town clerk, official, or employee receives no compensation therefor beyond the salary and other compensation or reimbursements to which the official or employee is entitled by law from the town.
P.
All town officials and town employees shall also comply with
s. 19.59, Wis. stats., which is incorporated into this ordinance by reference.
SECTION IX - FINANCIAL DISCLOSURE - (Optional)
A. General Filing Requirements. 1. The following town officials, town employees, and candidates for office shall be required to identify any economic interests specified in this ordinance and under
s. 19.44, Wis. stats., in a Statement of Economic Interest filed under this subsection: [list specific officers, employees, or candidates].
2. The town clerk has the authority to withhold salaries or expenses from any town official or town employee who is required to file under this subsection and fails to timely file his or her Statement of Economic Interest as required by this subsection.
B. Time to File. Town officials or town employees required to file under this subsection shall file a Statement of Economic Interest with the ethics board as follows:
1. Any individual who in January of any year is a town official or town employee and is required to file under subsection A shall file with the ethics board no later than February 28 of that year a Statement of Economic Interest. The information on the statement shall be current as of December 31 of the preceding year.
2. Any newly appointed or employed individual required to file under subsection A shall file a Statement of Economic Interest within 21 days following the date he or she assumes office if the individual has not previously filed a Statement of Economic Interest with the ethics board during that year. The information on the statement shall be current as of the date he or she assumes office.
3. Any nominee to a town board, commission, committee, or other body of any type requiring town board confirmation who is required to file under subsection A shall file a Statement of Economic Interest within 21 days of being nominated unless the nominee has previously filed a statement with the ethics board for that year. The information on the statement shall be current as of the date he or she is nominated. Following the receipt of a nominee's statement, the ethics board shall forward copies of the statement to the members of the town board. The Statement of Economic Interest shall be submitted by the nominee in advance of the meeting of the town board considering the nomination for confirmation. [if the nomination is first referred to a committee of the town board, modify to provide copies to the committee members in advance of their meeting]
4. Any nominee to a town board, commission, committee, or other body of any type not requiring town board confirmation, who is required to file under subsection A, shall file a Statement of Economic Interest within 21 days of being nominated unless the nominee has previously filed a statement with the ethics board for that year. The information on the statement shall be current as of the date he or she is nominated.
5. A candidate for elective town office required to file under this subsection shall file a Statement of Economic Interest with the town clerk no later than 4:30 p.m. on the third day following the deadline for filing nomination papers for the office the candidate seeks at the time of filing of nomination papers. The information on the statement shall be current as of December 31 of the year preceding the filing deadline. A copy of the Statement of Economic Interest shall also be filed at the same time with the ethics board.
6. On its own motion or at the request of any individual who is required to file a Statement of Economic Interest under subsection A, the ethics board may extend the time for filing or waive any filing requirement if the ethics board determines that the literal application of the filing requirements of this section would work an unreasonable hardship on that individual or that the extension of the time for filing or waiver is in the public interest. The ethics board shall set forth in writing as a matter of public record its reason for the extension or waiver. Extensions and waivers shall not be granted to candidates for public office.
C. Failure to File. 1. If a town official or town employee who is required to file under subsection A has failed to file a Statement of Economic Interest within the required time, no salary, compensation, or reimbursement of expenses may be paid to the town official or town employee until the town official or town employee files the required statement. The ethics board shall officially inform the town treasurer when it has determined that an official's salary, compensation, and reimbursement expenses shall be withheld. All payments shall be withheld until the ethics board notifies the town treasurer that the official has complied with this ordinance. The ethics board shall also notify the appropriate appointing authority of the failure of the town official or town employee to file a Statement of Economic Interest.
2. If a candidate for elective town office required to file under subsection A has failed to file a Statement of Economic Interest within the required time, the name of the candidate for town office shall be removed from the election ballot. The ethics board shall officially inform the town clerk when it has determined that a candidate's name shall be removed from a ballot.
D. Form of Statement. Every Statement of Economic Interest required to be filed under subsection A shall be in the form prescribed by the ethics board. Required information shall be provided on the basis of the best knowledge, information, and belief of the person filing the statement. The statement shall contain all of the following information:
1. The identity of every organization with which the individual required to file is associated and the nature of his or her association with the organization, except that no identification need be made of any of the following:
b. An organization organized and operated primarily to influence voting at an election, including support for or opposition to an individual's present or future candidacy or to a present or future referendum.
c. A nonprofit organization formed exclusively for social purposes and any nonprofit community service organization.
d. Any trust not owned, in whole or in part, by the individual or a member or members of the individual's immediate family or whose assets or principal are not owned by the individual, in whole in part, or a member or members of the individual's immediate family, or any trust. An individual is the owner of a trust and the trust's assets and obligations if he or she is the creator of the trust and has the power to revoke the trust without obtaining the consent of all of the beneficiaries of the trust. An individual who is eligible to receive income or other beneficial use of the principal of a trust is the owner of a proportional share of the principal in the proportion that the individual's beneficial interest in the trust bears to the total beneficial interests vested in all beneficiaries of the trust. A vested beneficial interest in a trust includes a vested reverter interest.
2. The identity of every organization or body politic in which the individual who is required to file, or members of individual's immediate family, severally or in the aggregate, owns, directly or indirectly, securities having a value of $5,000 or more, the identity of those securities, and their approximate value, except that no identification need be made of a security or issuer of a security when it is issued by any organization not doing business in Wisconsin or by any governmental body, instrumentality or agency of a governmental body, or authority or public corporation created and regulated by an act of a governmental body other than the State of Wisconsin, its instrumentalities, agencies, political subdivisions, or authorities or public corporations created and regulated by an act of the Wisconsin legislature. For purposes of reporting under this paragraph 2, it is sufficient to report whether the amount is not more than $50,000, or more than $50,000.
3. The name of any creditor to whom the individual who is required to file, or members of the individual's immediate family, severally or in the aggregate, owes $5,000 or more and the approximate amount owed. For purposes of reporting under this paragraph 3, it is sufficient to report whether the amount is not more than $50,000, or more than $50,000.
4. The real property located in the town in which the individual who is required to file, or members of the individual's immediate family jointly and severally, holds an interest having an equity value of $5,000 or greater, other than the principal residence of the individual or members of his or her immediate family, and the nature of the interest held.
5. The identity of each payer from which the individual who is required to file, or a member of his or her immediate family, received $1,000 or more of his or her income for the preceding taxable year, except that if the individual who is required to file identifies the general nature of the business in which he or she, or his or her immediate family members, is engaged, then no identification need be made of a decedent's estate or an individual not acting as a representative of an organization. In addition, no identification need be made of payers from which anything of pecuniary value was received as political contributions and reported under chapter 11, Wis. stats.
6. The identity of each giver from which the individual who is required to file received, directly or indirectly, any gift or gifts having an aggregate value of more than $50 within the taxable year preceding the time of filing, except that the source of a gift need not be identified if the donor is the donee's parent, grandparent, child, grandchild, brother, sister, parent-in-law, grandparent-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, uncle, aunt, niece, nephew, spouse, fiancée or fiancé.
SECTION X – ETHICS BOARD
A. Organization, Composition and Operation of the Ethics Board. 1. There is created an ethics board consisting of 5 members who are residents of the town and who shall serve without compensation unless the town board otherwise provides. Members of the ethics board shall not be elected officials or persons appointed to elective office, full-time appointed town officials, or town employees, nor shall they be currently serving on any other town board, committee or commission, or any other town body. Ethics board members shall be selected by the town chairperson and submitted to the town board for confirmation by the town board. Terms of office shall be 3 years. The members of the ethics board shall select their own chairperson. A vacancy shall be filled within one month.
