(a) Financial and personal interest prohibited.
(1) No official or employee of the village, whether paid or unpaid, shall engage in any business or transaction, or shall act in regard to financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties in the public interest contrary to the provisions of this chapter, or which would tend to impair independence of judgment or action in the performance of official duties.
(2) a. Any member of the Village Board who has a financial interest or personal interest in any proposed legislation before the Village Board shall disclose on the records of the Village Board the nature and extent of such interest; such official shall not participate in debate or vote for adoption or defeat of such legislation.
b. If the matter before the Village Board involves a member’s personal interest with persons involved, the member may participate in debate or discussion and vote on the matter following disclosure, unless an ordinance or contract is involved; if an ordinance or contract is involved, such official shall not participate in debate or discussion and vote on the matter.
(3) Any non-elected official, other than a village employee, who has a financial interest or personal interest in any proposed legislative action of the Village Board or any board, commission, or committee upon which the official has any influence or input or of which the official is a member that is to make a recommendation or decision upon any item which is the subject of the proposed legislative action shall disclose on the records of the Village Board or the appropriate board, commission, or committee the nature and extent of such interest. Such official shall not participate in debate or discussion or vote for adoption or defeat of such legislation.
(4) Any village employee who has a financial interest or personal interest in any proposed legislative action of the Village Board or any board, commission, or committee upon which the employee has any influence of input, or of which the employee is a member, that is to make a recommendation or decision upon any item which is the subject of the proposed legislative action shall disclose on the records of the Village Board or the appropriate board, commission, or committee the nature and extent of such interest.
(b) Disclosure of confidential information. No official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the village, nor shall such information be used to advance the financial or other private interests of the official or employee or others.
(c) Incompatible employment. No official or employee shall engage in or accept private employment or render service, for private interest, when such employment or service is incompatible with the proper discharge of his or her official duties, or would tend to impair such official or employee’s independence of judgment or action in the performance of his or her official duties, unless otherwise permitted by law and unless disclosure is made as hereinafter provided.
(d) Gifts and favors.
(1) No official or employee shall accept or offer to accept anything of value from any person who, to his or her knowledge, is interested directly or indirectly, or is seeking an interest, directly or indirectly, in any manner whatsoever in business dealings with the village, or from any person who conducts activities which are regulated by the village, or from any person who has interests which may be substantially affected by actions of the village.
(2) No official or employee shall accept or offer to accept anything of value that may tend to influence such official or employee in the discharge of his or her duties, or grant in the discharge of his or her duties any improper favor, service, or thing of value.
(3) Gifts received under unusual circumstances should be referred to the Ethics Board within ten days for recommended disposition.
(4) An official or employee is not to accept hospitality if, after consideration of the surrounding circumstances, it could reasonably be concluded that such hospitality would not be extended were it not for the fact that the guest, or a member of the guest’s immediate family, was a village official or employee. Participation in celebrations, grand openings, open houses, informational meetings, and similar events are excluded from this prohibition. This subsection (d)(4) further shall not be construed to prevent candidates for elective office from accepting hospitality from citizens for the purpose of supporting the candidate’s campaign.
(e) Representing private interests before village agencies or courts.
(1) Non-elected village officials and employees shall not appear on behalf of any private person (other than himself or herself, his or her spouse, or minor children) before any village agency, board, commission, or the Village Board if the official or employee or any board, commission, or committee of which the official or employee is a member has any jurisdiction, discretion, or control over the matter which is the subject of such representation.
(2) Elected village officials may appear before village agencies on behalf of constituents in the course of their duties as representatives of the electorate or in the performance of public or civic obligations. However, the disclosure requirements of subsection (a) above shall be applicable to such appearances.
(f) Ad hoc committee exceptions. No violation of the conflict of interest restrictions of this section shall exist, however, where an individual serves on a special ad hoc committee charged with the narrow responsibility of addressing a specific issue or topic in which that individual, or the employer or a client of that individual, has an interest so long as the individual discloses to the Village Board that such interest exists.
(g) Contracts with the village. No official or employee who, in his or her capacity as such officer or employee, participates in the making of a contract in which such 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 part of such official or employee, shall enter into any contract with the village unless:
(1) The contract is awarded through a process of public notice and competitive bidding;
(2) The contract or activity is exempt from or otherwise deemed appropriate by Wis. Stats. § 946.13; or
(3) The Ethics Board waives this requirement after determining that it is in the best interest of the village to do so.
(h) Disclosure of interest in legislation. To the extent known, any member of the Village Board who has a financial or personal interest in any proposed legislation before the Board shall disclose on the record of the Board the nature of and extent of such interest. Any other official or employee who has a financial or personal interest in any proposed legislative action of the Board and who participates in discussion with or gives official opinions or recommendations to the Board shall disclose on the record of the Board the nature of and extent of such interest.
(Prior Code, § 2-5-7)