HomeMy WebLinkAboutOrdinance 2017 (848) Ordinance No. 848 (2017)
S0��, UNTY ORDINANCE REPEALING AND RECREATING ST. CROIX
COUNTY CODE OF ETHICS
1 WHEREAS, Wis. Stat. §19.59 establishes a Code of Ethics regulating conduct of local
2 public officials, which includes County Board Supervisors, department heads and elected county
3 officers; and
4 WHEREAS,pursuant to Wis. Stat. §19.59 (lm) a county may, but is not required to,
5 enact an ordinance establishing a Code of Ethics; and
6 WHEREAS, the ordinance enacted under Wis. Stat. §19.59 (lm) shall specify the
7 positions for which it applies; and
8 WHEREAS, St. Croix County adopted an ethics code on May 17, 1994 regulating the
9 conduct of the position of County Board Supervisor; and
10 WHEREAS, the ordinance has been amended by resolution on five (5) different
11 occasions; and
12 WHEREAS, the Administration Committee has reviewed the current ethics code; and
13 WHEREAS, the Administration Committee recommends substantial revisions to the
14 current ethics code, especially in light of the change in the form of governance from
15 Administrative Coordinator to County Administrator.
16 NOW, THEREFORE, the county board of supervisors of the county of St. Croix does
17 ordain as follows:
18 1. The current Code of Ethics originally adopted by the St. Croix County Board of
19 Supervisors on May 17, 1994 is repealed and recreated as Chapter 90 of the St. Croix
20 County Code of Ordinances, as attached hereto.
21 2. Chapter 90 of the St. Croix County Code of Ordinances is effective upon adoption.
Legal-Fiscal-Administrative Approvals:
Legal Note:
Fiscal Impact: None
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01/18/17 Administrative Committee Enacted as Amended
01/18/17 Administration Committee RECOMMENDED
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RESULT: RECOMMENDED [UNANIMOUS] Next: 2/7/2017 9:00 AM
MOVER: Ron Kiesler, Supervisor
SECONDER: Jill Ann Berke, Vice Chair
AYES: Sjoberg, Bergren, Berke, Kiesler, Leibfried
Vote Confirmation.
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SL Croix County Board of Supervisors Action:
Roll Call -Vote Requirement- Majority of Supervisors Present
......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ......... ..................
RESULT: ENACTED AS AMENDED [13 TO 2]
MOVER: Roy Sjoberg, Supervisor
SECONDER: Ron Kiesler, Supervisor
AYES: Sicard, Ring, Babbitt, Coulter, Sjoberg, Bergren, Nelson, Berke, Larson, Hansen,
Kiesler, Leibfried, Peavey
NAYS: Bob Long, Andy Brinkman
ABSTAIN: Judy Achterhof
ABSENT: Dave Ostness, David Peterson, Paulette Anderson
This Ordinance was ENACTED by the St. Croix County Board of Supervisors on February 7, 2017
Cindy Campbell, County Clerk
CHAPTER 90
CODE OF ETHICS
90.01 Definitions:
(1)Anything of Value: 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 state or St. Croix 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 individuals covered by this Code of Ethics.
(2)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 ten percent of the outstanding equity or of which an individual or a member of his or
her immediate family is an authorized representative or agent.
(3)Employee: All persons filling an allocated position of St. Croix County employment
and all members of boards, committees, and commissions.
(4) Financial Interest: Any interest which yields, directly or indirectly, a monetary or
other material benefit to the St. Croix County officer or employee or to any person
employing or retaining services of the St. Croix County officer or employee.
(5)Immediate Family: An official's or employee's spouse, children, stepchildren,
parents, stepparents, or other legal relation who contributes more than one-half of
the support of the official or employee or receives that level of support from the
official or employee.
(6) Official: All St. Croix County department heads or directors, St. Croix County
supervisors, and all other St. Croix County elected officers, except judges and district
attorneys.
(7) Person: Any individual, corporation,partnership,joint venture, association or
organization.
90.02 Declaration of Policy. To ensure that the public can have complete confidence in the
integrity of St. Croix County Government, each elected official and employee shall respect and
adhere to the fundamental principles of ethical service. The proper operation of St. Croix
County government demands that:
(1) St. Croix County officials and employees be independent, impartial and
responsible to the people;
(2) decisions be made in the proper channels of the St. Croix County governmental
structure;
(3) St. Croix County offices should not be used for personal gain;
(4) St. Croix County business should be conducted in such a way as to re-enforce the
public's confidence in its integrity.
In recognition of these fundamental principles, there is hereby created a Code of Ethics.
90.03 Purpose. The purpose of this Code of Ethics is to establish ethical standards of conduct
for all St. Croix County officials and employees by identifying those acts or actions that are not
compatible with the best interest of St. Croix County. Because representatives of St. Croix
County are drawn from society, they cannot and should not be without all personal and economic
interest in the decisions and policies of government. Citizens who serve as St. Croix County
officials and employees retain their rights as citizens to personal and economic interests.
Therefore, the standards of ethical conduct for St. Croix County officials and employees must
distinguish between minor and inconsequential conflicts which are unavoidable and those
conflicts which are substantial and material. The provisions of this Code of Ethics, and such
rules and regulations which may be established, are to be interpreted in the context of the above
principles and are deemed to be in the best interest of the public.
90.04 Responsibility of Public Office. St. Croix County officials and employees are agents of
public purpose and hold office to serve the public interest. They are bound to uphold the
Constitution of the United States, the Constitution of the State of Wisconsin and to carry out
efficiently and impartially all laws of the United States, the State of Wisconsin, and the
Ordinances of St. Croix County. Further, they are bound to observe in their official acts, the
standards of ethics set forth in this Code of Ethics and to faithfully discharge the duties of their
office. The public interest must be their primary concern.
90.05 Coverage. This Code of Ethics governs all St. Croix County officials, whether elected or
appointed,paid or unpaid, including members of boards, committees and commissions,
department heads, and other St. Croix County employees.
90.06 Exemptions. Political contributions which are reported under Chapter 11, Wis. Stats., are
exempt from the provisions of this Code of Ethics.
90.07 Fair and Equal Treatment:
(1) Use of Public Property: An official or employee shall not use, or knowingly permit
the use, of St. Croix County services or St. Croix County-owned vehicles, equipment,
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 St. Croix County.
(2) Obligations to Citizens: An official or employee shall not grant any special
consideration, treatment or advantage to any citizen beyond that which is available to
every other citizen. This section does not affect the duty of St. Croix County
supervisors to diligently represent their constituency.
90.08 Conflicts of Interest:
(1) No official or employee may use his or her public position or office to obtain
financial gain or anything of substantial value for the private benefit of himself or
herself or his or her immediate family, or for an organization with which he or she is
associated.
(2) No person may offer or give to an official or employee, directly or indirectly, and no
official or employee may solicit or accept from any person, directly or indirectly,
anything of value if it could reasonably be expected to influence the official's or
employee's vote, official action or judgment, or could reasonably be considered as a
reward for any official action or inaction on the part of the official or employee.
(3) No official or employee may take any official action substantially affecting a matter
in which the official or employee, a member of his or her immediate family, or an
organization with which the official or employee is associated, has a substantial
financial interest.
(4) No official or employee 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 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 employee is
associated.
90.09 Political Activities. An official or employee has the right to freely express his or her
views as a citizen and cast his or her vote, subject to the following:
(1) No official or employee 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.
(2) No official or employee shall at any time use any St. Croix County-owned or leased
equipment for any political activity.
(3) No official or employee shall attempt to or influence an attempt to remove, discharge,
demote, reduce pay, or otherwise discriminate against any employee because of the
employee's political opinions or affiliations.
90.10 State Statutes Incorporated:
(1) Statutes Incorporated by Reference: The following sections of the Wisconsin
Statutes are hereby incorporated by reference and made a part of this Code of Ethics:
§19.01 (Oaths and Bonds)
§19.21 (Custody and Delivery of Official Property and Records)
§19.81-§19.89 (Open Meetings of Governmental Bodies)
§19.59 (Codes of Ethics for Local Governmental Officials, Employees and
Candidates)
(2) Violation of Incorporated Statutes: Officials shall comply with the sections of the
Wisconsin Statutes incorporated in this Code of Ethics and failure to do so shall
constitute a violation of this Code of Ethics.
90.11 Investigations and Enforcement:
(1) Advisory Opinions: Any person governed by this Code of Ethics may apply in
writing to the St. Croix County Corporation Counsel for an advisory opinion and
shall be guided by any opinion rendered. The applicant shall present his or her
interpretation of the facts at issue and of the applicability of provisions of this Code
of Ethics before the advisory opinion is rendered. All requests for opinions and
opinions rendered shall be in writing. Records of the St. Croix County Corporation
Counsel's opinions, opinion requests and investigations of violations shall be closed
to public inspection, as required by Chapter 19, Wis. Stats. However, such records
may be made public with the consent of the applicant.
(2) Complaints: The St. Croix County Corporation Counsel shall accept from any
person a verified written complaint which states the name of the officer or
employee alleged to have committed a violation of this Code of Ethics and sets
forth the material facts involved in the allegation. The St. Croix County Corporation
Counsel shall forward a copy of the complaint to the accused officer or employee
and the Ethics Inquiry Board within ten days. If no action on the verified complaint
is taken by the Ethics Inquiry Board within sixty days, the complaint shall be
referred to the County Board for determination of probable cause. If there is a
finding of probable cause by the County Board, the matter shall be referred back to
the Ethics Board for an evidentiary hearing under 90.11(5)(c).
(3) Preliminary Investigations: Following the receipt of a verified complaint, the
Ethics Inquiry Board may make preliminary investigations with respect to alleged
violation of this Code of Ethics. A preliminary investigation shall not be initiated
unless the accused officer or employee is notified in writing. The notice shall state
the exact nature and purpose of the investigation, the individual's specific action or
activities to be investigated and a statement of such person's due process rights. If
the Ethics Inquiry Board finds probable cause to believe the allegations contained in
the complaint, the complaint shall be referred to hearing pursuant to 90.11(5)below
before the Ethics Inquiry Board.
(4) Time Limitations: The Ethics Inquiry Board may investigate any complaint
properly filed with it. However, no action may be taken on any complaint which is
filed more than one year after a violation of the Ethics Code is alleged to have
occurred.
(5) Ethics Inquiry Board: There is hereby created an Ethics Inquiry Board to consist
of three members and one alternate, one of whom shall be an attorney licensed to
practice law in the State of Wisconsin, appointed by the St. Croix County Board of
Supervisors Chairperson with the approval of the St. Croix County Board of
Supervisors. The members of the Ethics Inquiry Board shall be residents of St.
Croix County and shall not be St. Croix County Public Officials during the time of
appointment, and shall serve staggered three year terms expiring on the third
Tuesday in April of the third year following their appointment except as otherwise
provided in the implementation of this ordinance. The St. Croix County Corporation
Counsel shall provide legal advice, secretarial service and assistance to the Ethics
Inquiry Board. The Ethics Inquiry Board shall be entitled to mileage and per diem
payments for meetings and hearings of the Ethics Inquiry Board on the same basis
as provided other St. Croix County Boards, Committees or Commissions.
(a)Powers and Duties: The Ethics Inquiry Board shall be responsible for
investigating a complaint, and conducting a fact finding hearing pursuant to
subparagraph 90.11(5)(c)below, in any case where the Ethics Inquiry Board has
found that probable cause exists for believing the allegations of a complaint
referred to the Ethics Inquiry Board after preliminary review pursuant to
subparagraph 90.11(2)through (4) above.
(b) Burden of Proof. Violations shall be proved by evidence that is clear,
satisfactory and convincing.
(c) Hearing: The Ethics Inquiry Board may hold, and an individual against whom
a complaint has been made and where the complaint has been referred to the
Ethics Inquiry Board may request, a hearing before the Ethics Inquiry Board. The
Ethics Inquiry Board shall keep a record of the hearing. The Ethics Inquiry Board
shall have the power to compel the attendance of witnesses and to issue
subpoenas as granted to other boards and commissions under Section 885.01
Wisconsin Statutes.
(i) Within ten work days of the conclusion of the hearing, the Ethics
Inquiry Board shall file its written findings and recommendations signed
by all participating Ethics Inquiry Board members, together with findings
of fact and conclusions of law, concerning the propriety of the conduct of
the public official. If the Ethics Inquiry Board determines that no
violation of the Code of Ethics has occurred, it shall dismiss the
complaint, and if requested to do so by the accused, issue a public
statement.
(ii) No recommendation of the Ethics Inquiry Board becomes effective
until twenty work days after it is issued, or while an application for
rehearing or rehearing before the Ethics Inquiry Board is pending, or the
Ethics Inquiry Board has announced its final determination on rehearing.
(d) Enforcement and Penalties: If the Ethics Inquiry Board finds that clear,
satisfactory and convincing evidence exists for believing the allegations of the
complaint, the Ethics Inquiry Board shall refer its findings and recommendation
to the St. Croix County Board of Supervisors, or in the case of an employee, to
the St. Croix County Administrator. The Ethics Inquiry Board may make the
following recommendations:
(i) Recommend that the St. Croix County Board of Supervisors order the
officer or employee to conform his or her conduct to the ethics code or
recommend that the official or employee be censured, suspended, removed
from office, be issued a private reprimand,public reprimand, and in the
case of an employee may also recommend denial of merit increase,
suspension without pay, discharge, or other appropriate disciplinary
action.
(ii) The Ethics Inquiry Board may also refer the matter to the District
Attorney to commence enforcement pursuant to the procedures and
remedies of§19.59, Wis. Stats.
Ordinance No. 848 (2017)—February 2017