HomeMy WebLinkAboutOrdinance 1994 (347) •
CODE OF ETHICS
Ordinance No. 'f f](9'4)
St. Croix County, Wisconsin
The Board of Supervisors of St. Croix County does ordain as follows:
Section 1. Establishment of Code of Ethics.
a. A code of ethics for County Board supervisors is hereby created. It is declared that
high moral and ethical standards among supervisors are essential to the conduct of
free government; that the County Board believes that a code of ethics for the
guidance of supervisors 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 residents of St. Croix County
in their supervisors.
b. It is the intent of the County Board that in the administration of this code the rights
of supervisors shall be protected to the fullest extent possible, while at the same time
reaffirming that a supervisor holds his or her position as a public trust, and any effort
to realize substantial personal gain through official conduct is a violation of that
trust. This ordinance does not prevent a supervisor from employment or following
any pursuit which in no way interferes with the full and faithful discharge of his or
her duties to the County. The County Board further recognizes that in a
representative democracy, the representatives are drawn from society and, therefore,
cannot and should not be without all personal and economic interest in the decisions
and policies of government; that citizens who serve as supervisors retain their rights
as citizens to interests of a personal or economic nature; that standards of ethical
conduct for supervisors need to distinguish between those minor and inconsequential
conflicts that are unavoidable in a free society, and those conflicts which are
substantial and material; and that supervisors 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 specific provisions of this ordinance.
Section 2. Definitions. In this ordinance:
a. "Anything of value" means any money or property, favor, service, payment, advance,
forbearance, loan or promise of future employment, but does not include such things
as compensation and expenses paid by the County, fees, honorariums and expenses,
unsolicited advertising or promotional material such as pens, pencils, notepads,
calendars, informational or educational materials of unexceptional value, plaques,
other advertising giveaways, or any other thing which is not likely to influence the
judgment of supervisors.
b. "Associated ", when used with reference to an organization, includes any organization
in which a supervisor 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 a supervisor or a
member of his or her immediate family is an authorized representative or agent.
c. "Immediate family" means a supervisor's spouse; a supervisor's relative by marriage,
lineal descent or adoption who receives, directly or indirectly, more than one -half of
his or her support from the supervisor or from whom the supervisor receives, directly
or indirectly, more than one -half of his or her support.
d. "Nepotism" means favoritism shown to a relative in employing or promoting a person
to a County position.
e. "Organization" means any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, trust or other legal entity other than an individual or body
politic.
f. "Relative" means =wife, husband, son, daughter, mother, father, brother,
brother -in -law, sister, sister -in -law, son -in -law, daughter -in -law, mother -in -law, father -
in -law, aunt, uncle, niece, nephew, step - child, step - parent and-grandparentt -r Of -a
she ::WWW `:':' is living with a supervisor as a household
in a committed relationship.
Section 3. Conflict of Interest.
a. No supervisor may use his or her office to obtain financial gain or anything of
substantial value for his or her private benefit or his or her immediate family, or for
an organization with which he or she is associated.
b. No person may offer or give to a supervisor, and no supervisor may solicit or accept
from any person, directly or indirectly, anything of value if it could reasonably be
expected to influence the supervisor's vote, official action or judgment, or could
reasonably be considered as a reward for any vote, action or inaction on the part of
the supervisor.
c. No supervisor may take any official action substantially affecting a matter in which
the supervisor, a member of his or her immediate family, or an organization with
which the supervisor is associated, has a substantial financial interest.
d. No supervisor may 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 supervisor, one
or more members of the supervisor's immediate family either separately or together,
or an organization with which the official is associated.
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Section 4. Nepotism.
a. No supervisor may serve on a committee that supervises or otherwise can directly
affect a department in which a reaitive ?geri of b .;:: e f
a ect
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employed.
b. No supervisor may participate in an appointment or employment process if a relative
is an applicant under consideration.
c. No supervisor may influence or attempt to influence a County employee or other
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:..n.: :.- a relative.
Section 5. Fairness and Consistency.
a. No supervisor shall use or knowingly permit the use of county services or county -
owned vehicles, equipment, or materials for unauthorized non - governmental purposes
or for unauthorized personal convenience or for profit, unless such services or use
are available to the public generally and consistent with practices and policies of the
County.
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Section 6. Political Activities.
A supervisor has the right to freely express his or her views as a citizen and cast his or her
vote, subject to the following:
a. No supervisor shall directly or indirectly use or seek to use his or her authority or
position to control or modify the political activity of another person.
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e: No supervisor shall at any time use any County owned or leased equipment for any
political activity.
eszlz No supervisor shall attempt to or influence an attempt to remove, discharge, demote,
reduce pay, or otherwise discriminate against an employee because of the employee's
political opinions or affiliations.
Section 7. Compliance with State Statutes.
a. The following sections of the Wisconsin Statutes are hereby incorporated by
reference and made a part of this code of ethics:
Section 19.01 Oaths and. Bonds.
Section 19.21 Custody and Delivery of Official Property and Records.
Section 19.81 -19.89 Open Meetings of Governmental Bodies.
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No person required to file a Dcclaration of Eel : • - - - - -
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Section 1:09, Ethics Board.
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(1) Pursuant to scc. 19.59, Wisconsin Statutes, thcrc is hereby crcatcd thc St.
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b. Powers and Duties of Ethics Board.
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(2) The Ethics Board shall:
Administer and enforce the provisions of this ordinance.
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((e) When a supervisor requests, issue advisory opinions regarding the propriety
of any matter to which the supervisor is or may become involved. The
supervisor shall be afforded an opportunity to appear before the Ethics Board
to present evidence relevant to the interpretation and application of the code
of ethics to the matter before an advisory opinion is issued.
() Accept from any person a verified written complaint which states the name
of the supervisor alleged to have committed a violation of the code of ethics
and sets forth the material facts of the allegation. The Ethics Board shall
forward a copy of the complaint to the accused supervisor within ten (10)
days. No action may be taken on any complaint which is filed more than one
year after a violation is alleged to have occurred.
(e) Following receipt of a verified complaint, conduct an investigation with
respect to the alleged violation of the code of ethics. Written notice of the
investigation shall be given to the accused supervisor before commencing the
investigation. The notice shall state the exact nature and purpose of the
investigation, the supervisor's specific action or activities to be investigated
and a statement of such person's due process rights. t i 3B
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) After completion of the investigation, make written findings and conclusions.
A majority of the members are required to approve the findings and
conclusions. The accused supervisor shall be given a copy of the findings and
conclusions.
Based on its written findings and conclusions:
a03 Dismiss the complaint. If no action on the complaint is taken within
60 days of filing, the complaint shall be dismissed.
} Issue a written request to the supervisor to conform his or her conduct
to the code of ethics.
Recommend to the County Board that it order the supervisor to
conform his or her conduct to the code of ethics.
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of
Refer the matter to the District Attorney to commence enforcement
proceedings pursuant to sec. 19.59, Wisconsin Statutes.
e:o Forfeitures and Penalties.
If, in a case prosecuted by the District Attorney, the Court finds that a
violation of the code of ethics has occurred, the Court may impose a
forfeiture of not more than $500 for each violation. In the event of an
intentional violation, a forfeiture of not less than $100 and not more than
$1000 shall be imposed for each violation.
( In addition to forfeitures, the Court may order such other legal or equitable
relief as may be appropriate, including but not limited to mandamus,
injunction, or declaratory judgment.
d. Subpoena Power.
Wis cons i n S tat tc
e:Sedion W. Records of the Ethics Board.
Records of the Ethics Board's opinions, opinion requests, investigations, findings and
conclusions may be closed in whole or in part to public inspection.
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Section 407j Employee Protection.
a. No supervisor may, directly or indirectly, initiate or administer, or threaten to initiate
or administer, any retaliatory action against a County employee following an
employee's disclosure of information related to the violation of any federal or state
law, County ordinance, rule or regulation, the mismanagement or abuse of authority,
a substantial waste of public funds, or a danger to public health and safety.
b. Nothing in this section restricts the right of the County as an employer to take
appropriate disciplinary action against an employee who knowingly makes an untrue
statement or discloses information the disclosure of which is specifically prohibited
by federal or state law, rule or regulation.
Dated this / VJ day of d cam, , 199 :
Offered by: Administration Committee
NEGATIVE AFFIRMATIVE
AL , O
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