new County Board shall, at the organizational meeting, - - PDF document

SLIDE 1

Sec. 2-31. Rules

and

Procedures.

ARTICLE

II.

COUNTY BOARD Every

new

County Board

shall, at

the

• rganizational

meeting, promulgate

and adopt Board

rules

and

procedures which

shall

be

in effect

until modified.

Such

rules

and

procedures

shall

address,

at

a minimum,

structure,

committee assignments,

vacancies, duties

and

responsibilities, rules

• f

procedure and

any

• ther

matter regarding

County

administration.

Sec.

2-32.Redistrict!ng.

(a) Every

decade,

• r

as required

by Wis.

Stats.

§59.10, the board

shall

promulgate

supervisory

districts,

presently

numbering 21.

Sees. 2-33—2-60. Reserved.

(Ord. 2014-11,2-17-15; Ord. 2017-05,9-19-17.) ARTICLE

III.

OFFICERS

AND EMPLOYEES* *

Cross References:

Any

• rdinance

providing for the compensation

• f

any County

• fficer
• r

employee

saved from

repeal,

§

I

• 4(a)(4);

any

• rdinance

appointing specific individuals to

• ffices
• r

positions

saved from repeal,

§

l-4(a)(l I);

any

• rdinance

regarding personnel saved

from

repeal,

§

l-4(aKI5); administrator

• f

private water systems,

§

74-63.

Sec. 2-61.

County

Administrator.

(a)

Office created.

The

County

hereby

creates the position

• f

County

Administrator pursuant to

Wis.

Stats

§59.18.

The County

Administrator

is

appointed

by

the majority vote

• f

the

County

Board.

(b)

Duties.

(1) The County

Administrator

is

the chief administrative

• fficer
• f

the

County and

is

responsible to the

County Board.

The

position reports to the Administrative Services

Committee and

is

charged with providing general administrative support

to the

County Board and Departments.

(2) The County

Administrator

shall

take care that every

County

• rdinance

and

state

and

federal

law

is

• bserved,

enforced

and

administrated within the

County.

(3) The County

Administrator

shall coordinate

and

direct

all

administrative

and management

functions

• f

the

County Board,

not

• therwise

vested

by law

in committees, boards, commissions

• r

in the elected

• fficers.

(4) The County

Administrator

shall hire

all

Department Heads and

supervisory personnel

• f

the

County, except those

elected by the

people

• r

appointed

by

Elected Officials.

The County

Board waives

its

right to

confirm appointments

17

SLIDE 2

This

document

is

up

to date with

all Resolutions

passed through

August 15,2017 (see

last

page). Questions regarding the

Rules

• f

Order

may

be

directed to

the

County

Administrator's Office.

RULES

OF ORDER OF THE CALUMET COUNTY BOARD OF

SUPERVISORS

CALUMET COUNTY

MISSION

STATEMENT:

As

a team

• f

elected representatives, in partnership with

staff,

we

are accountable to the citizens

• f

Calumet County.

We

are responsible for the creation

• f

public policy

and

the

• versight
• f

coimty

services,

so they

are delivered in

a

courteous

and

effective

manner

to ensure that

Calumet County remains

a

great

place to

live,

work and

play.

■

• ^

PARTI:

PROCEDURAL RULES

RULE

I: COUNTY

BOARD OF

SUPERVISORS The

governing

body

shall

be known as "Calumet County Board

• f

Supervisors". The

Board

shall consist

• f

twenty-one

(21)

Supervisors representing twenty-one

(21)

Districts.

RULE

II: TERM

OF

OFFICE

The

Calumet County Board

• f

Supervisors

shall serve

a two (2)

year term expiring

• n

the

third (3^^) Tuesday

in April in the

even-numbered

years.

RULE

III: ELECTION

OF

OFFICERS

A. The

Board

shall,

• n

the

third (3"*)

Tuesday

• f

April, in the

even numbered

years, elect,

by

secret

ballot

according to Wisconsin State Statute 19.88(1),

a

Chair and

a

Vice Chair

who

serve

a two (2)

year term.

The manner

in which the

County Board Chair and Vice Chair

are elected shall

be as

follows:

• B. Secret

ballots shall

be used

to elect the

Chair and Vice Chair with

a nominating

ballot

followed

by

formal

ballots until

a

majority vote

• f

the

members

present elects

such

• fficers.

Only

persons

named

• n

a nominating

ballot shall

be considered during a formal

ballot

and any

ballot cast in violation

• f

this rule shall

be considered

void.

Each

position shall

be

voted

by

separate

ballot.

Each nominee

may

speak

for three

(3)

minutes.

RULE

IV: ABSENCE

OF THE

CHAIR, VICE CHAIR, VACANCIES,

AND REMOVAL

1 I P

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SLIDE 3

may

also

be

• used. A

vote

• n

any

question shall

be

taken

by

roll call

when

called for

by any member

• f

the Board.

RULE

XI X:

RESOLUTIONS AND ORDINANCES

A.

Resolutions

and Ordinances

presented

by a Committee

• f

the

County Board

may

be

acted

• n

upon

their

first

(l")

presentation at

a County Board

• meeting. Resolutions

and Ordinances not

presented by a Committee,

may

be

referred

by

the Chair to

a Committee

• f

the

Board with a time

limit

• f

90

days

to

be

returned to

County Board

for

• action. Ordinances

shall

be submitted

to the Corporation

Counsel

for drafting

comments

and

• pinions.

B.

Resolutions

and Ordinances

presented for consideration at

any meeting must be

in writing

and

bear the signature

• f

at least

two (2)

Supervisors

• ffering

the

same,

• r

if

by a Committee,

the signatures

• f

a

majority

• f

that

Committee.

The

exception to

this is the

Budget

Resolution,

which

shall

be

presented

by

the

County

Administrator.

C.

Beginning with the April meeting, Resolutions and Ordinances

shall

be

designated

by

their

number, which number

shall

be

the year

• f

the Organizational

Meeting

• f

the

County Board then

in session

followed

by

the sequential

number

• f

the Resolution

• r

Ordinance introduced in

that

• Session. For

example: Resolution 2004-1

• r

Ordinance 2004-1.

D. When

a

Resolution

• r

Ordinance

is

presented to the

Board

for action, the

County

Clerk

shall

read the

title and

the

Board members

who

signed the document.

RULE XX:

HOME

RULE To

give the county the

largest

measure

• f

self-government under the Administrative

Home

Rule

authority granted to Counties in Section 59.03(1), these Rules shall

be

liberally

construed in favor

• f

the

rights,

powers and

privileges

• f

the county to exercise

any

• rganizational
• r

administrative

power

not contrary

to the Constitution

• r

to

any enactment

• f

the Legislature that

is

• f

statewide concern

and which uniformly

affects

every county.

RULE

XXI: DEFINITIONS

A.

Pronouns

• f

masculine gender used herein

refer

to persons

• f

either sex.

• B. Majority

shall mean the majority

• f

the elected

• r

appointed Supervisors in attendance.

C. The

teim "Committee"

shall

be used

herein to refer to

Committees, Boards, Commissions, Councils, Partnerships,

and Groups

unless

• therwise

specifically

noted.

RULE

XXII:

CODE OF

ETHICS

A.

Declaration

• f
• Policy. To

ensure that the public can have complete confidence in the

integrity

• f

Calumet County Government, County Board members, and

appointed

members

• f

Committees, Boards and Commissions,

hereinafter referred to

as

"Officials", shall respect

and adhere

to the

fundamental

principles

• f

ethical

• service. The

proper

• peration
• f

County Govenunent demands

that:

• 1. Officials

be

independent, impartial and responsible to the people;

16

I P

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SLIDE 4

• 2. Decisions

are

made

in the proper channels

• f

the

County Government

structure;

• 3. County
• ffices

shall

not

be used

for personal gain;

• 4. County

business shall

be conducted

in

such a

way

so

as to re-enforce the public's confidence in

its

integrity.

In recognition

• f

those fundamental

principles, there is

hereby created

a Code

• f

Ethics.

• B. Purpose. The

purpose

• f

this

Code

is

to establish ethical standards

• f

conduct

for

all

Officials

by

identifying those acts

• r

actions that are

not compatible with the best

interest

• f

the county. Citizens

who

serve as

Officials, retain their rights

as

citizens to personal

and economic

interests.

Therefore, the standards

• f

ethical

conduct

for Officials

must

distinguish

between minor and

inconsequential conflicts

which

are unavoidable

and

those

conflicts,

which

are substantial

and

material.

The

provisions

• f

the

Code, and such

rules

and

regulations,

which

may

be

established, are to

be

interpreted in the context

• f

the

above

principles

and

are

deemed

to

be

in the best interest

• f

the public.

• C. Responsibility
• f

Publie

Of^ce. Officials

hold

• ffice

to serve the public interest.

They

are

bound

to

uphold the

Constitution

• f

the United States, the Constitution

• f

the State

• f

Wisconsin, and

to carry

• ut

efficiently

and

impartially

all laws

• f

the United States

and

the State

• f

Wisconsin and the Ordinances

• f

Calumet County.

Further, they are

bound

to the standards

• f

ethics set forth in this

Code

and

to faithfully discharge the duties

• f

their

• ffice.

The

public interest

must be

their

primary concern.

D.

• Coverage. This

Code

governs

all.

County Board members and

appointed members

• f

Committees, Boards and Commissions.

• E. Exemptions. Political

contributions,

which

are reported

under Wisconsin

Statutes,

Chapter 11,

are

exempt from

the provisions

• f

this

Code.

• F. Definitions.
• 1. Person: Any

individual, corporation, partnership, joint venture, association

• r
• rganization.
• 2. Financial

Interest: Any interest

which

yields, directly

• r

indirectly,

a

monetary

• r
• ther

material benefit to the Official

• r

to

any

person employing

• r

retaining services

• f

the

Official.

• 3. Anything
• f

Value: Any property, favor,

service,

payment, advance,

forbearance, loan

• r

promise

• f

future

employment. County

• ffices

shall

not

be

used

to

• btain

anything

• f
• value. This

does not

include

door

prizes,

compensation and expenses paid

by

the county, fees

and expenses which

are permitted

by

Wisconsin

Statute 19.56, political contributions

which

are reported

under Wisconsin

Statutes,

Chapter 11,

• r

hospitality

extended for

a

purpose unrelated to the county business.

• 4. Anything
• f

Insignificant

Value: Ineludes such

things as unsolicited advertising

• r

promotional material such as pens, peneils, notepads, calendars, informational

• r

educational materials

• f

insignificant value,

(an item from a vendor

that costs less than

$25.00

• n

a

• ne

time

basis,

but not

more

than $50.00 worth

• f

items

in

a

calendar year

from a

vendor), plaques,

• ther

advertising

giveaways

• r

any

• ther

thing

which

is

not

likely to influence the

Judgment

• f

individuals

covered

by

this

Code.

l7|Pat.c

SLIDE 5

• 5. Privileged

Information: Any written

• r
• ral

material related to

county government which has not

become

part

• f

the

body

• f

public information

and which

is

designated

by

statute, court decision,

lawful

• rders,

Ordinances

• r

Resolutions as privileged.

• 6. OHicials: All

County Board members and

appointed members

• f

Committees, Boards and

Commissions.

• 7. Immediate

Family: An

Official's

spouse, children, stepchildren, parents, stepparents,

• r
• ther

legal relation who contributes

more

than

• ne-half
• f

the support

• f

the Official

• r

receives that level

• f

support

from

the

Official.

G.

Fair

and Equal

Treatment.

• 1. Use
• f

Public Property: An

Official shall

not knowingly permit the use

• f

county

services

• r

county

• wned

vehicles,

equipment,

materials for unauthorized

non-governmental purposes

• r

for unauthorized personal convenience

• r

for

profit,

unless approved

by

the County Administrator.

• 2. Obligations

to Citizens: An Official

shall

not grant any

special consideration, treatment

• r

advantage to

any

citizen

beyond

that

which

is

available to

every

• ther

citizen.

This

section

does not

affect the

duty

• f

County

Supervisors to

diligently represent their constituency. H.

Conflicts

• f

Interest.

• 1. It

is

a

conflict

• f

interest to

accept anything

• f

value if

it

could reasonably

be

expected to influence

their vote,

governmental

actions

• r

judgments

• r

is

provided to such

Official

because

• f

their position

• r
• ffice

and could

reasonably

be

considered as

a

reward

for

any

governmental

action

• r

inaction.

• a. It

is

not a

conflict

• f

interest for

an

Official to receive

an

unsolicited

item

• f

insignificant value.

• 2. Business

Interest: An Official shall

not engage in

any

business

• r

transaction

• r

act in regard to

any

financial interest, direct

• r

indirect,

which:

• a. Is

incompatible with the proper discharge

• f

their

• fficial

duties for the benefit of the public;

• b. Is

contrary to the provisions

• f

this

Code;

• r
• c. May

impair

their

independence

• fjudgment
• r

action in the

performance

• f

their

• fficial

duties.

• 3. Employment:

An

Official shall

not engage

in

• r

accept

any

private

employment

• r

render

any

service for

a

private interest

when

such employment

• r

service

is

incompatible with the proper discharge

• f

their Official duties

• r

which

may

impair

their

independence

• f

judgment

• r

action in the

performance

• f

their

• fficial

duties unless

• therwise

permitted

by

law

• r

unless disclosure

is made

as

hereinafter provided. I8|P

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SLIDE 6

• 4. Contracting: An

Official

• r

a

business in

which an

Official

holds

a

ten percent

(10%)

• r

greater interest,

may

not

enter into

a

contract with the

county involving a payment

• r

payments

• f

more

than three thousand dollars ($3,000)

amount

within

a

twelve

(12) month

period unless the Official has

made a

written disclosure

• f

the nature

and

extent

• f

such

relationship

• r

interest

to the

County

Administrator

and

reported

such

interest to

the

County Board.

Further, pursuant to

Wisconsin

Statutes

946.13, an

Official is prohibited

from

participating in the

formation

• f

a

contract

• r

contracts with

Calumet County

involving the receipts

• r

disbursements

• f

more

than

fifteen

thousand

dollars

($15,000)

in any

year.

• I. Financial

Interest in

• Legislation. A

member

• f

the

County Board,

who

has

a

financial

interest in

any proposed

action before the

County Board,

shall disclose the nature

and

extent

• f

such

interest to

the

County Board Chair

prior to

• r

during the

initial

discussion

• f

such

action

and

shall refrain

from

participating in the discussion

• f,

and

voting

• n,

such

action.

A

member

• f

the

County Board

shall request to

be excused by

the

Board

• r

Committee Chair

for the duration

• f

any

deliberations

concerning such action in which the

member

has

a

financial

interest.

Any

• ther

Official who

has a

financial interest in

any

proposed

action before the

County Board, and

who

participates in discussion

with

• r

gives an

• fficial
• pinion
• r

recommendation

to the

County Board,

shall

first

disclose the nature

and

extent

• f

such

interest to

the

County Board.

• J. Disclosure
• f

Privileged

• Information. An

Official shall

not knowingly disclose

• r

permit the

disclosure

• f

privileged information to

any

person not lawfully authorized to receive such privileged information.

An

Official shall

not use

privileged information to

advance

their

personal financial

interest

• r

that

• f

their

immediate

family.

K.

Violation

• f

County Board Rules and Calumet County

Personnel and General Administrative Policy Manual.

County Board

Supervisors,

and appointed

members

• f

Committees, Boards and Commissions

shall

not

violate

Rules

• r

Policy.

L.

Investigations

and Enforcement.

• 1. Advisory

Opinions:

Any

person governed

by

this

Code

• f

Ethics

may

apply

in writing to the Corporation

Counsel

for

an

advisory

• pinion

and

shall

be guided

by any

• pinion
• rendered. The

applicant shall present their interpretation

• f

the facts at issue

and

• f

the applicable provisions

• f

this

Code

before the advisory

• pinion

is

• rendered. All

requests for

• pinion

and

• pinions

rendered

shall

be

in writing.

Records

• f

the Corporation Counsel's

• pinion

requests

and

investigations

• f

violations shall

be

closed to public inspection, as required

by

Wisconsin

Statutes

Chapter

• 19. However,

such records

may

be made

public with the consent

• f

the applicant.

• 2. Complaints: The

Corporation Counsel

shall

accept

a

verified written

Complaint (sworn

to be

true before

a notary

public)

which

states the

name

• f

the Official alleged to

have

committed

a

violation

• f

the

Code and

sets forth the material facts

involved in the allegation.

The

Corporation Counsel

shall

forward a

copy

• f

the

Complaint

to the accused Official

and

the Ethics Inquiry

Committee

within ten

(10)

days.

However, no

action may

be

taken

• n

any Complaint

that is

filed

more

than

• ne

year

after

a

violation

• f

the Ethics

Code

is alleged to

have

• ccurred.
• a. Preliminary

Investigations:

1) Following

the receipt

• f

a

verified Complaint, the Ethics Inquiry

Committee

shall

conduct

a

preliminary investigation with respect to alleged violation(s)

• f

this

Code.

19|Pagc

SLIDE 7

2)

A

preliminary investigation shall not

be

initiated

unless the Corporation

Counsel

notifies

the accused Official in writing.

The

notice shall state the exact nature

and purpose

• f

the investigation, the individual's specific action

• r

activities

to

be

investigated

and a

statement

• f

such person's due

process

rights.

3)

If the Ethics Inquiry

Committee

finds

probable cause to believe the allegations contained in the Complaint, the Complaint shall

be

referred to

a

hearing before the Ethics Inquiry

Committee.

4)

If the Ethics Inquiry

Committee does not

find

probable cause to believe the

allegations in the

Complaint,

it

shall set forth in writing

the reasons

why

and submit

the report to the

County Board

at the

next

regularly scheduled meeting.

5)

If the accused Official admits to probable cause,

• r

does not

contest the allegations in the Complaint,

a

hearing

is

not necessary and the Committee

may

forward

its recommendations

to the

County Board

for further action

by

the

• Board. The

Committee

may make

the following recommendations:

a) Order

the Official to

conform

his

• r

her behavior to be in compliance with the Ethics

Code; b) Private

• r

public censure;

c) Referral

to the District Attorney to

commence

enforcement and

penalties

as permitted

by

Wisconsin

Statutes.

• b. Hearing:

1) Burden

• f

Proof: The burden

• f

proving

a

violation alleged in the

Complaint

shall

be

• n

the

• complainant. Violations

shall

be proven

by

evidence

that is clear, satisfactory

and

convincing.

2) The

Committee

shall

keep

a

record

• f

the hearing.

3) The

Committee

shall

have the power

to

compel

the attendance

• f

witnesses

and

to issue

subpoenas as granted

to

• ther

Boards and Commissions under

Wisconsin

Statutes 885.01

4)

Within the ten

(10) workdays

• f

the conclusion

• f

the hearing, the

Committee

shall

file its

written findings

• f

fact

and

conclusions

• f

law and recommendations with

the

County Board

• f

Supervisors,

which

shall

be

signed

by

all participating

Committee members.

5)

If the Ethics Inquiry

Committee

finds

that clear, satisfactory

and convincing evidence

exists for believing the allegations

• f

the Complaint, the Ethics Inquiry

Committee

shall refer

its written findings

• f

fact

and

conclusions

• f

law and recommendation

to the

County

• Board. The

Committee

may

choose any

• f

the following recommendations:

a) Order

the Official to

conform

their

behavior to be in compliance with

the Ethics

Code;

b)

Private

• r

public censure;

201

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SLIDE 8

c) Referral

to the District

Attorney to

commence

enforcement and

penalties

as

permitted

by

Wisconsin

Statutes;

6)

If after

a

hearing, the Ethics Inquiry

Committee does not

find

clear, satisfactory

and convincing evidence

for believing the allegations

• f

the Complaint, the Complaint

shall

be

dismissed.

M.

Ethics Inquiry

Committee.

• 1. Membership: The

Ethics Inquiry

Committee

shall consist

• f

two permanent members whose

terms

shall

be

for

two

years to run concurrently with the term

• f

the

County Board

• Chair. One

permanent

member

shall

be the County Board Chair and

• ne

permanent

member

shall be the

Family Court Commissioner

• f

the

• county. There

shall

be a temporary

third member

who

shall

be a

member

• f

the

County Board,

appointed

by

the Chair

• f

the

County Board and approved by

the

County Board. This

third member shall

be

appointed

upon

the

Board

receiving

a

written

complaint

• f

violation

• r

injury

and

ruling

as to

the violation

• f

these Rules

• r
• resolution. This

third member

appointment

shall

be

made

with

due

care to ensure

impartiality.

If a complaint

is filed

against the

County Board

Chair,

he

• r

she

shall

be

disqualified

and

the Vice-Chair

• f

the

County Board

shall replace

him

• r

her and

become

temporary Chair

• f

the Ethics Inquiry

Committee, and as such temporary

Chair,

he

• r

she

shall

appoint the

third member to

the

County Board

in lieu

• f

such appointment

by

the Chair

• f

the

County

Board.

• 2. Powers

and

Duties: The Ethics Inquiry

Committee

shall

be

responsible for investigating

a

complaint, conducting a fact

finding

hearing (unless the accused Official admits to probable cause,

• r

does not

contest the allegations in the

Complaint) and

reporting

its findings

to the

County Board

• f

Supervisors.

The County

Board

• f

Supervisors has the

final

decision making

power

to determine the appropriate sanction for

an accused

Official.

• 3. By

adoption

• f

this Rule

and

in

accordance with Wisconsin

Statutes,

68.16, the Board

specifically elects

not to allow an appeal to

Circuit

Court under Chapter

68

for

County Board

Supervisors

and

appointed

members

• f

Committees, Boards and Commissions.

• 4. The

Corporation Counsel

shall

provide legal advice,

secretarial service

and

assistance to

the

Committee.

N.

Wisconsin

Statutes Incorporated.

• 1. Wisconsin

Statutes Incorporated by Reference: The following Sections

• f

the Wisconsin Statutes are hereby incorporated

by

reference

and

made a

part

• f

the

Code

• f

Ethics:

• a. 19.01 Oaths

and Bonds;

• b. 19.21 Custody

and

Delivery

• f

Official

Property

and Records;

• c. 19.81
• 19.89

Open

Meetings

• f

Governmental Bodies,

Officials,

Employees and

Candidates.

• 2. Violation
• f

Incorporated Statutes: Officials shall

comply

with the Sections

• f

Wisconsin

Statutes incorporated in this

Code

and

failure to

do

so

shall constitute

a

violation

• f

the Code

• f

Ethics. 21

IPage

SLIDE 9

Menu

19.01 Oaths

and bonds. 19.01(1)

(1) Form

• f
• ath.

Every

• fficial
• ath

required

by

article IV.section

28,

• f

the

constitution

• r

by any

statute shaii

be

in writing, subscribed

and sworn

to and except as provided

• therwise

by

s.

757.02 and SCR 40.15,

shaii

be

in substantiaiiy

the

following

form; State

• f

Wisconsin,

County

• f....

I,

the undersigned,

who

have been

elected (or appointed) to the

• ffice
• f....,

but have not yet entered

upon the

duties thereof,

swear (or

affirm) that

I wiii

support the

constitution

• f

the United States and the

constitution

• f

the state

• f

Wisconsin,

and

will faithfully

discharge the duties

• f

said

• ffice

to the best

• f

my

ability.

So

help

me

God.

Subscribed

and sworn to

before

me

this....

day

• f....,....

(year)

....(Signature)

(1m)

Form

• f
• ral
• ath,

if It Is desired

to administer the

• fficial
• ath
• rally

In

addition

to the

written

• ath

prescribed above,

it shaii

be

in substantiaiiy

the following form:

I,....,

swear (or

affirm) that

I wiii

support the

constitution

• f

the United States and the

constitution

• f

the

state

• f

Wisconsin, and

will faithfully

and

Impartially discharge

the duties

• f

the

• ffice
• f....

to the best

• f

my

ability.

So

help

me

God.

(2) Form OF BOND.

(a) Every

• fficial bond

required

• f

any

public

• fficer

shall

be

In substantially

the following form:

We,

the undersigned,

jointly

and

severally,

undertake and agree that

who

has been

elected (or appointed) to the

• ffice
• f.....

will faithfully

discharge the duties

• f

the

• ffice

according to law,

and

wiii pay

to the

parties entitled to receive

the same, such damages, not exceeding

in

the

aggregate.... dollars,

as

may

be

suffered by

them

In

consequence

• f

the

failure

• f....

to discharge

the duties

• f

the

• ffice.

Dated.........

(year)

....(Principal)...., ....(Surety)

(b) Any

further

• r

additional

• fficial bond

lawfully required

• f

any

public

• fficer

shall

be

In

the

same

form and

It

shall

not

affect

• r

Impair any

• fficial bond

previously given

by the

• fficer

for

the

same

• r

any

• ther
• fficial

term.

Where

such bond

Is

In

excess

• f

the

sum

• f

$25,000, the

• fficer

may

give

2

• r

more bonds.

(2m)

Effect

• f

giving bond. Any bond

purportedly given as

an

• fficial bond

by a

public

• fficer,
• f

whom

an

• fficial bond

is required, shall

be deemed

to

be an

• fficial bond

and

shall

be deemed as to both

principal

and

surety to contain

all

the

conditions

and

provisions required In sub. (2), regardless

• f

Its

form

• r

wording, and any provisions

restricting liability to less

than that provided

in

sub. (2)

shall

be

void.

(3)

Official duties defined. The

• fficial

duties referred to in subs.

(1) and (2)

include performance to

the best

• f

his

• r

her

ability by

the

• fficer

taking the

• ath
• r

giving

the bond

• f

every

• fficial

act required,

and the nonperformance

• f

every act forbidden, by law to be performed by the

• fficer;

also, similar

performance and nonperformance

• f

every act required

• f
• r

forbidden to the

• fficer

in

any

• ther
• ffice

which he

• r

she may

lawfully hold

• r

exercise

by

virtue

• f

incumbency

• f

the

• ffice

named

in

the

• fficiai
• ath
• r

bond. The

duties

mentioned

in

any such

• ath
• r

bond

include the

faithful

performance by

all persons

appointed

• r

employed by the

• fficer

either in his

• r

her

principal

• r

subsidiary

• ffice,
• f

their respective

duties

and

trusts therein.

(4) Where

filed. (a)

Official

• aths

and bonds

• f

the

following public

• fficials

shall

be

filed in

the

• ffice
• f

the secretary

• f

state: 1.

Aii members

and

• fficers
• f

the

legislature.

2. The governor. 3. The lieutenant governor. 4. The state superintendent. 5.

The

Justices, reporter

and

clerk

• f

the supreme court. 6. The judges

• f

the court

• f

appeals. 7.

The judges and

reporters

• f

the

circuit courts.

8.

Ali

notaries public.

9.

Every

• fficer,

except the secretary

• f

state, state treasurer, district attorney

and

attorney general,

whose compensation

is

paid in

whole

• r

In part

• ut
• f

the

state treasury. Including every

member

• r

appointee

• f

a board

• r

commission whose

compensation

is

so

paid.

10. Every deputy

• r

assistant

• f

an

• fficer

who

flies

with the secretary

• f

state.

(b)

Officiai

• aths

and bonds

• f

the following

public

• fficials

shall

be

filed in

the

• ffice
• f

the governor:

1. The secretary

• f

state. 2. The state

treasurer.

SLIDE 10

3.

The

attorney general.

(bn)

Official

• aths

and bonds

• f

all district

attorneys shall

be

filed with

the secretary

• f

administration. (c)

Official

• aths

and bonds

• f

the following

public

• fficials

shall

be

filed In

the

• ffice
• f

the

clerk

• f

the

circuit

court for any

county

In which

the

• fficial

serves; 1. All circuit

and supplemental

court commissioners.

4.

All

judges,

• ther

than municipal judges, and

all

judicial

• fficers,
• ther

than

judicial

• fficers

under subd.

1.,

elected

• r

appointed for that county,

• r

whose

jurisdiction is limited

to that county.

(d)

Official

• aths

and bonds

• f

all

elected

• r

appointed county

• fficers,
• ther

than those enumerated

in par. (c),

and

• f

all

• fficers whose

compensation

is paid

• ut
• f

the county treasury

shall be

filed

In

the

• ffice
• f

the county

clerk

• f

any

county

in which

the

• fficer

serves.

(dm)

Official

• aths

and bonds

• f

members

• f

the governing board, and the superintendent and

• ther
• fficers
• f

any

joint county school, county

hospital,

county sanatorium, county asylum

• r
• ther

joint

county

institution shall

be

filed in

the

• ffice
• f

the county

clerk

• f

the county

In which

the

buildings

• f

the

institution

that the

• fficial

serves are located. (e)

Official

• aths

and bonds

• f

all

elected

• r

appointed

town

• fficers

shall

be

filed In

the

• ffice
• f

the

town

clerk for

the town

in which

the

• fficer

serves, except that

• aths

and bonds

• f

town

clerks shall be

filed

In

the

• ffice
• f

the

town

treasurer.

(f)

Official

• aths

and bonds

• f

all elected

• r

appointed

city

• fficers

shall

be

filed In

the

• ffice
• f

the

city clerk for

the

city in

which the

• fficer

serves, except that

• aths

and bonds

• f

city clerks shall

be

filed In

the

• ffice
• f

the

city treasurer.

(g)

Official

• aths

and bonds

• f

all

elected

• r

appointed

village

• fficers

shall

be

filed in

the

• ffice
• f

the

village clerk for

the

village In which

the

• fficer

serves, except that

• aths

and bonds

• f

village clerks shall

be

filed In

the

• ffice
• f

the

village

treasurer.

(h) The

• fficial
• ath

and bond

• f

any

• fficer
• f

a school

district

• r
• f

an

incorporated school board shall

be

filed

with the clerk

• f

the school

district

• r

the

clerk

• f

the incorporated school board

for

• r
• n

which the

• fficial

serves. (j)

Official

• aths

and bonds

• f

the

members

• f

a

technical college district shall

be

filed with

the secretary for the technical

college district for

which the

member

serves.

(4m)

AppROVAt.

AND

NOTicn. Bonds

specified In

sub. (4)

(c),

(d) and

(dm)

and bonds

• f

any county employee

required

by

statute

• r

county

• rdinance

to be bonded

shall

be approved by the

district

attorney as to

amount, form and

execution before the

bonds

are accepted for

filing.

The

clerk

• f

the

circuit

court

and the county

clerk respectively shall notify in writing

the county board

• r

chairperson within

5

days

after

the entry upon the term

• f
• ffice
• f

a

judicial

• r

county

• fficer

specified In

sub. (4)

(c),

(d) and

(dm)

• r

after

a county employee

required to

be bonded has begun employment. The

notice shall state

whether

• r

not the required bond has been furnished and

shall be published

with the proceedings

• f

the county

board.

(5)

Time

• f

filing. Every

public

• fficer

required to

file an

• fficial
• ath
• r

an

• fficial bond

shall

file the

same

before entering upon the

duties

• f

the

• ffice;

and when both

are required, both

shall

be

filed

at the

same

time.

(6) Continuance

• f
• bligation.

Every such bond continues

In

force

and

is applicabie

to

• fficiai

conduct during the Incumbency

• f

the

• fficer

filing

the

same and

until

the

• fficer's

successor

Is

duly qualified and

Installed.

(7)

Interpretation.

This section

shall

not be construed as

requiring

any

particular

• fficer

to

furnish

• r

file either

an

• fficial
• ath
• r

an

• fficial bond,

it is

applicable to such

• fficers
• nly

as are elsewhere

In

these statutes

• r

by the

constitution

• r

by

special, private

• r

local

law required to

furnish

such an

• ath
• r

bond. Provided, however, that whether

• therwise

required by law

• r

not, an

• ath
• f
• ffice

shall

be

filed by

every

member

• f

any board

• r

commission appointed by the governor, and by every

administrative

• fficer

so appointed,

also

by every

secretary

and

• ther

chief executive

• fficer

appointed by such

hoard

• r

commission.

(8) Premium

• n

bond allowed as

expense. The

state

and any

county,

town,

village, city

• r

school

district may

pay the

cost

• f

any

• fficial bond

furnished

by an

• fficer
• r

employee

thereof pursuant to law

• r

any

rules

• r

regulations requiring the

same

If

said

• fficer
• r

employee

shall furnish

a bond with a

licensed surety

company

as

surety, said cost

not to exceed the current rate

• f

premium per

year.

The

cost

• f

any such bond to the

state shall

be charged to the proper expense

appropriation. History:

1971

c.

154;

1977

c.

29

s.

1649; 1977

c.

187

ss.

26,135; 1977

c.

305

s.

64; 1977

c.

449; Sup.

Ct. Order,

eff.

1-1-80;

1979

c.

110

s.

60

(13);

1983

a.

6,192; 1983 a. 538

s.

271; 1989 a. 31; 1991 a. 39,316; 1993

a.

399; 1997

a.

250; 1999

a.

32,83; 2001 a. 61; 2007

a.

96; 2013 a. 107. Menu

SLIDE 11

Menu

19.59 Codes

• f

ethics for local

government

• fficials,

employees and

candidates.

(1) (a) No

local public

• fficial may

use

his

• r

her

public position

• r
• ffice

to

• btain

financial gain

• r

anything

• f

substantial value for the private benefit

• f

himself

• r

herself

• r

his

• r

her immediate

family,

• r

for

an

• rganization

with which

he

• r

she

is

associated.

A

violation

• f

this

paragraph Includes the acceptance

• f

free

• r

discounted admissions to

a

professional baseball

• r

football

game

by a

member

• f

the

district

board

• f

a

local professional baseball

park

district

created under subch.

Ill of

ch.

229

• r

a

local professional football

stadium

district

created under subch. IV

• f

ch. 229. This paragraph

does not

prohibit

a

local public

• fficial

from

using

the

title or

prestige

• f

his

• r

her

• ffice

to

• btain

campaign

contributions that are permitted

and

reported as required

by ch. 11.

This paragraph

does not

prohibit

a

local public

• fficial

from

• btaining

anything

• f

value

from the Wisconsin Economic Development Corporation

• r

the department

• f

tourism, as provided under s. 19.56 (3)

(f).

(b) No

person

may

• ffer
• r

give to

a

local public

• fficial,

directly

• r

indirectly,

and no

local public

• fficial may

solicit

• r

accept from any person,

directly

• r

indirectly,

anything

• f

value

if It could

reasonably be expected to influence the

local public

• fficial's

vote,

• fficial

actions

• r

judgment,

• r

could reasonably be considered as a reward for any

• fficial

action

• r

inaction

• n

the part

• f

the

local public

• fficial.

This paragraph

does not

prohibit

a

local public

• fficial

from engaging

in

• utside

employment. (br)

No

local public

• fficial
• r

candidate for

local public

• ffice

may,

directly

• r

by means

• f

an agent,

give,

• r
• ffer
• r

promise to

give,

• r

withhold,

• r
• ffer
• r

promise to withhold,

his

• r

her vote

• r

influence,

• r

promise to take

• r

refrain

from

taking

• fficial

action with respect to

any proposed

• r

pending matter

in consideration

• f,
• r

upon

condition that,

any

• ther

person

make

• r

refrain

from making a

political

contribution,

• r

provide

• r

refrain

from

providing

any

service

• r
• ther

thing

• f

value, to

• r

for the benefit

• f

a

candidate, a

political party,

any committee

registered under ch.

11,

• r

any person making a communication

that contains a reference to a clearly identified local public

• fficial

holding

an

elective

• ffice
• r

to a candidate for

local public

• ffice.

(c) Except as

• therwise

provided

In par. (d),

no

local public

• fficial may;

1. Take

any

• fficial

action substantially affecting

a matter

in

which the

• fficial,

a member

• f

his

• r

her immediate family,

• r

an

• rganization

with which the

• fficial

is

associated has

a

substantial

financial

Interest.

2. Use

his

• r

her

• ffice
• r

position in

a way that produces

• r

assists in

the production

• f

a

substantial benefit, direct

• r

indirect, for

the

• fficial,
• ne
• r

more members

• f

the

• fficial's

immediate

family either separately

• r

together,

• r

an

• rganization

with which the

• fficial

is

associated.

(d) Paragraph

(c) does not prohibit

a

local public

• fficial

from

taking

any

action concerning the iawful

payment

• f

salaries

• r

employee

benefits

• r

reimbursement

• f

actual

and

necessary expenses,

• r

prohibit

a

local public

• fficial

from

taking

• fficial

action with respect to

any proposal to modify a county

• r

municipal

• rdinance.

(f) Paragraphs (a) to (c)

do

not apply to the

members

• f

a

local

committee appointed under

s.

289.33 (7) (a) to negotiate with the

• wner
• r
• perator
• f,
• r

applicant for

a

license to

• perate,

a

solid waste disposal

• r

hazardous waste

facility under

s.

289.33, with respect to any matter contained

• r

proposed to be contained

In

a

written

agreement between a

municipality

and the

• wner,
• perator
• r

applicant

• r

in

an

arbitration

award

• r

proposed award that

is

applicable to those

parties.

(g) 1.

In this paragraph:

a. "District"

means a

local professional baseball

park

district

created

under subch.

Ill of

ch.

229

• r

a

local professional

football stadium district created

under subch. IV

• f

ch. 229. b. "District board

member" means

a

member

• f

the

district

board

• f

a

district.

2.

No

district board

member may

accept

• r

retain

any

transportation, lodging, meals,

food

• r

beverage,

• r

reimbursement

therefor, except in accordance with this paragraph.

3.

A

district board

member may

receive

and

retain

reimbursement

• r

payment

• f

actual

and reasonable expenses

for

a

published

work

• r

for the presentation

• f

a

talk

• r

participation in

a meeting

related

to processes, proposals and issues

affecting

a

district if

the payment

• r

reimbursement

is

paid

• r

arranged by the

• rganizer
• f

the event

• r

the

publisher

• f

the work.

4.

A

district

board

member may

receive

and

retain

anything

• f

value

if

the

activity

• r
• ccasion

for

which

it is

given

is

unrelated to the

member's use

• f

the time,

facilities,

services

• r

supplies

• f

the

district

not

generally available to

all

residents

• f

the

district

and the member can show by

clear

and

convincing evidence that the

payment

• r

reimbursement was unrelated to and

did

not

arise

from the

recipient's holding

• r

having held

a

public

• ffice

and was

paid for

a purpose

unrelated to the purposes specified

in

subd. 3. 5.

A

district board member

may

receive

and

retain

from the

district

• r
• n

behalf

• f

the

district

transportation, lodging, meals,

food

• r

beverage,

• r

reimbursement

therefor

• r

payment

• r

reimbursement

• f

actual

and

reasonable costs that the

member

can

show

by

clear

and

convincing evidence

were

Incurred

• r

received

• n

behalf

• f

the

district

and

primarily for

the

benefit

• f

the

district

and not

primarily for

the

private benefit

• f

the

member

• r

any

• ther

person.

SLIDE 12

6.

No

district

board member

may

Intentionally

use

• r

disclose Information gained In

the course

• f
• r

by reason

• f

his

• r

her

• fficial position
• r

acttvlties in

any

way

that could result

in

the receipt

• f

anything

• f

value for himself

• r

herself, for his

• r

her Immediate

family,

• r

for

any

• ther

person.

If

the Information has not been communicated to the

public

• r

is not public Information.

7.

No

district board member

may

use

• r

attempt to use the

position held

by the

member

to influence

• r

gain unlawful

benefits,

advantages

• r

privileges personally

• r

for

• thers.

8.

No

district

board member,

member

• f

a

district

board member's Immediate family, nor any

• rganization

with which the

district

board

member

• r

a

member

• f

the

district

board member's Immediate family

• wns
• r

controls at least

10

percent

• f

the

• utstanding

equity, voting rights,

• r
• utstanding

indebtedness

may

enter Into

any

contract

• r

lease Involving

a payment

• r

payments

• f

more

than $3,000 within a 12-month period.

In whole

• r

In part

derived

from

district

funds unless the

district

board

member

has

first made

written disclosure

• f

the nature and extent

• f

such

relationship

• r

Interest

to the commission and to the

district.

Any

contract

• r

lease entered Into

In violation

• f

this subdivision may

be

voided by the

district In an

action

commenced

within

3

years

• f

the date

• n

which the

commission,

• r

the

district,

knew

• r

should have

known

that a violation

• f

this subdivision

had

• ccurred.

This subdivision

does not

affect

the

application

• f

s.

946.13.

9.

No

former

district board member,

for

12 months

following the date

• n

which he

• r

she ceases to be a

district board

member, may,

for compensation,

• n

behalf

• f

any person

• ther

than a governmental

entity,

make any

formal

• r

informal appearance before,

• r

negotiate with,

any

• fficer
• r

employee

• f

the

district

with which

he

• r

she was

associated as

a

district

board member within

12 months

prior

to the date

• n

which he

• r

she ceased to be a

district board member.

10.

No

former

district

board

member,

for

12

months

following the date

• n

which he

• r

she ceases to be a

district

board

member, may,

for compensation,

• n

behalf

• f

any person

• ther

than a governmental

entity,

make any

formal

• r

Informal appearance before,

• r

negotiate with,

any

• fficer
• r

employee

• f

a

district

with which

he

• r

she was associated as a

district

board

member

In

connection with any

judicial

• r

quasi-judicial

proceeding, application,

contract, claim,

• r

charge which might give

rise

to a

judicial

• r

quasi-judicial

proceeding which

was under

the former member's

responsibility

as a

district

board

member

within

12 months

prior

to the date

• n

which he

• r

she ceased to

be a member.

11.

No

former

district

board

member

may,

for compensation, act

• n

behalf

• f

any

party

• ther

than the

district

with which

he

• r

she was

associated as

a

district board

member

In

connection with

any

judicial

• r

quasi-judicial

proceeding, application, contract, claim,

• r

charge which might give

rise

to a

judicial

• r

quasl-judlclal

proceeding

In which

the former

member

participated personally

and

substantially

as a

district

board

member.

(1

m)

In addition

to the requirements

• f

sub. (1), any county,

city, village

• r

town may

enact an

• rdinance

establishing

a code

• f

ethics for public

• fficials

and employees

• f

the county

• r

municipality

and

candidates for county

• r

municipal elective

• ffices.

(2) An

• rdinance

enacted under

this section shall specify

the

positions

to which

It

applies.

The

• rdinance

may

apply to members

• f

the immediate family

• f

Individuals

who

hold positions

• r

who

are candidates for positions to which the

• rdinance

applies.

(3)

An

• rdinance

enacted under

this section may contain

any

• f

the following

provisions; (a)

A

requirement for

local public

• fficials,
• ther

employees

• f

the county

• r

municipality

and

candidates for

local public

• ffice

to

Identify

any

• f

the economic

interests specified In s. 19.44.

(b)

A

provision directing

the county

• r

municipal clerk

• r

board

• f

election

commissioners to

• mit

the

name

• f

any candidate from an

election ballot

who

fails

to

disclose his

• r

her economic

Interests In

accordance with the requirements

• f

the

• rdinance.

(c)

A

provision directing

the county

• r

municipal treasurer to withhold the

payment

• f

salaries

• r

expenses from any

local public

• fficial
• r
• ther

employee

• f

the county

• r

municipality

who

falls

to disclose

his

• r

her economic

Interests In accordance with the requirements

• f

the

• rdinance.

(d)

A

provision vesting administration

and

civil

enforcement

• f

the

• rdinance

with

an

ethics

board appointed

In

a manner

specified in

the

• rdinance.

A

board created under

this

paragraph

may

Issue

subpoenas, administer

• aths

and

investigate

any

violation

• f

the

• rdinance
• n

its

• wn

motion

• r

upon complaint by any

person.

The

• rdinance

may empower

the board to

issue

• pinions

upon

request. Records

• f

the board's

• pinions,
• pinion

requests

and

Investigations

• f

violations

• f

the

• rdinance

may

be

closed In

whole

• r

in part

to

public Inspection

If

the

• rdinance

so

provides.

(e)

Provisions prescribing ethical standards

• f

conduct and

prohibiting conflicts

• f

interest

• n

the

part

• f

local public

• fficials

and

• ther

employees

• f

the county

• r

municipality

• r
• n

the part

• f

former

local public

• fficials
• r

former employees

• f

the county

• r

municipality. (f)

A

provision prescribing

a

forfeiture for violation

• f

the

• rdinance

in

an amount not

exceeding $1,000 for each

• ffense.

A minimum

forfeiture

not exceeding $100

for

each

• ffense

may

also

be

prescribed.

(4)

This section may not

be construed to

limit

the authority

• f

a county,

city, villagb

• r

town

to regulate the conduct

• f

its

• fficials

and employees to the

extent that

It has

authority to regulate that conduct

under the

constitution

• r
• ther

laws.

(5)

(a) Any

individual, either personally

• r
• n

behalf

• f

an

• rganization
• r

governmental body,

may

request

• f

a county

• r

municipal ethics board,

• r.

In

the absence

• f

a county

• r

municipal ethics board, a county corporation counsel

• r

attorney for a local governmental unit,

an

advisory

• pinion

regarding the propriety

• f

any matter to which the person

Is

• r

may become

a

party.

Any

appointing

• fficer,

with the consent

• f

a

prospective appointee,

may

request

• f

a county

• r

municipal ethics board,

• r.

In

the absence

• f

a county

• r

municipal ethics board, a county corporation counsel

• r

SLIDE 13

attorney for a

local

governmental

unit

an

advisory

• pinion

regarding the propriety

• f

any matter to which the

prospective appointee

is

• r

may become

a

party.

The

county

• r

municipai ethics board

• r

the county corporation counsel

• r

attorney

shall

review a request for an advisory

• pinion

and

may

advise the person making the request. Advisory

• pinions

and

requests therefor

shall be in writing,

it is prima

facie

evidence

• f

intent to

comply

with this section

• r

any

• rdinance

enacted under

this section when

a person

refers

a matter to a county

• r

municipal ethics board

• r

a county

corporation counsel

• r

attorney for

a

local

governmental

unit

and abides by the

advisory

• pinion,

if

the material

facts are

as stated

in

the

• pinion

request.

A

county

• r

municipai ethics board

may

authorize

a county corporation counsel

• r

attorney to act

in its

stead

in instances

where

delay

is

• f

substantial inconvenience

• r

detriment to the requesting

party.. Except as provided in par. (b), neither

a county corporation counsel

• r

attorney for a local governmental unit nor a

member

• r

agent

• f

a county

• r

municipai ethics board

may make

public

the

identity

• f

an

individual requesting

an

advisory

• pinion
• r
• f

individuals

• r
• rganizations

mentioned

in

the

• pinion.

(b)

A

county

• r

municipai ethics board, county corporation counsel

• r

attorney for

a

local

governmental

unit replying

to a request

for

an

advisory

• pinion

may make

the

• pinion

public with

the consent

• f

the

individual requesting

the advisory

• pinion
• r

the

• rganization
• r

governmental body

• n

whose

behalf

it is

requested

and

may make

public

a summary

• f

an

advisory

• pinion

issued

under

this subsection after

making

sufficient alterations in

the

summary

to prevent

disclosing

the

identities

• f

individuals involved in

the

• pinion.

A

person

who

makes

• r

purports to

make

public

the substance

• f
• r

any

portion

• f

an

advisory

• pinion

requested by

• r
• n

behalf

• f

the person waives the

confidentiality

• f

the request for an advisory

• pinion

and

• f

any

records

• btained
• r

prepared by the county

• r

municipal ethics board, the county corporation counsel

• r

the attorney for the

local

governmental

unit in connection with

the request

for

an

advisory

• pinion.

(6)

Any county

corporation counsel, attorney for

a

local

governmental

unit

• r

statewide association

• f

local

governmental

units

may

request the commission to issue an

• pinion

concerning the interpretation

• f

this section.

The commission

shall

review such a request

and

may

advise the person making the request.

(7)

(a) Any person

who

violates

sub. (1)

may be

required to

forfeit

not more than $1,000 for each

violation,

and,

if

the court determines that the accused has

violated

sub. (1)

(br),

the court may,

in addition,

• rder

the accused to

forfeit

an amount equal to the

amount

• r

value

• f

any

political

contribution, service,

• r
• ther

thing

• f

value that

was

wrongfully

• btained.

(b) Any person

who

violates

sub. (1)

may be

required to

forfeit

not

more than $1,000

for

each

violation,

and,

if

the court determines that a

local public

• fficiai has

violated

sub. (1) (br) and

no

political

contribution, service

• r
• ther

thing

• f

value

was

• btained,

the court may,

in addition,

• rder

the accused to

forfeit

an amount equal to the maximum

contribution authorized

under

s.

11.1101 (1) for the

• ffice

held

• r

sought by the

• fficiai,

whichever

amount

is

greater.

(8)

(a) Subsection (1)

shall

be enforced

in

the

name

and

• n

behalf

• f

the

state

by

action

• f

the

district

attorney

• f

any county wherein a

violation may

• ccur,

upon the

verified

complaint

• f

any person. (b)

in addition

and supplementary to the remedy provided

In

sub.

(7),

the

district

attorney

may commence an

action, separately

• r

in

conjunction with

an

action brought to

• btain

the remedy provided

in

sub. (7), to

• btain

such

• ther

legal

• r

equitable

relief,

including but

not

limited

to

mandamus,

injunction

• r

declaratory

judgment, as

may be

appropriate under the

circumstances.

(c)

If

the

district

attorney

fails

to

commence an

action to enforce

sub. (1)

(a), (b),

• r

(c) to (g) within

20

days

after receiving

a

verified

complaint

• r

if

the

district

attorney refuses to

commence

such an

action,

the person making the complaint

may

petition

the attorney general to act upon the complaint. The attorney general

may

then

bring

an

action under par.

(a)

• r

(b),

• r

both.

(cm) No

complaint

alleging

a

violation

• f

sub. (1) (br)

may

be

filed during

the period beginning

120

days before a general

• r

spring election,

• r

during the period

commencing

• n

the date

• f

the

• rder
• f

a

special election

under

s. 8.50,

and ending

• n

the date

• f

that election, against a candidate

who

flies

a

declaration

• f

candidacy to have

his

• r

her

name

appear

• n

the

ballot at that election.

(cn)

if

the

district

attorney for the county

in which

a

violation

• f

sub. (1) (br)

is

alleged

to

• ccur

receives

a

verified

complaint

alleging

a

violation

• f

sub. (1)

(br),

the

district

attorney

shall, within

30

days

after receipt

• f

the complaint,

either

commence an

investigation

• f

the

allegations contained in

the complaint

• r

dismiss the complaint.

If

the

district

attorney dismisses the complaint, with

• r

without

investigation,

the

district

attorney shall notify the complainant in writing.

Upon

receiving notification

• f

the

dismissal,

the complainant

may

then

file

the complaint with the attorney general

• r

the

district

attorney for a county that

is

adjacent to the county

In which

the

violation is alleged

to

• ccur.

The

attorney general

• r

district

attorney

may

then

investigate

the

allegations contained in

the complaint and

commence a

prosecution.

(d)

If

the

district

attorney prevails

in

such an

action,

the court

shall

award any

forfeiture

recovered together with reasonable costs to the county wherein the

violation

• ccurs,

if

the attorney general

prevails In

such an action, the court

shall

award any

forfeiture recovered together with reasonable costs

to the

state. History:

1979

c.

120; 1981

c.

149; 1981

c.

335

S.

26; 1983 a. 166

S.

16; 1991 a. 39, 269; 1995 a. 56, 227; 1999 a. 167; 2001 a. 109; 2003

a. 39;

2007

a. 1;

2015

a. 117;

2015

a.

118

ss.

204,266

(10);

2017

a. 112. Menu

SLIDE 14

2015-16 Wisconsin

Slatules updated through

2017 Wis.

Act 135 and

all

Supreme

Court and Controlled Substances Board Orders

effective

• n
• r

before January 1,2018. Published

and

cerlllied under

s. 35.18. Changes

etfeclive after

January 1,2018 are designated by

NOTES.

(Published 1-1-18)

SLIDE 15

Menu

(12)

(a)

In this

subsection, "research

company" means an

entity

engaged

In

commercial

activity

that

Is

related

to research conducted by an employee

• r
• fficer
• f

the

University

• f

Wisconsin System

• r

to a product

• f

such research. (b) Subsection (1) does not apply to a

contract

between a

research

company and the

University

• f

Wisconsin System

• r

any

institution

• r

college

campus

within

the system for purchase

• f

goods

• r

services, including research,

if

the following

apply:

1.

The

contract

is

approved by a

University

• f

Wisconsin System employee

• r
• fficer

responsible for evaluating

and managing

potential conflicts

• f

interest.

2. Either

• f

the following apply: a.

The

contract together with

all

• ther

contracts

between the same

parties require less

than $250,000

in payments

• ver

a 24-month period. b.

The

University

• f

Wisconsin System submits the contract to the University

• f

Wisconsin Board

• f

Regents and, within

45

days, the University

• f

Wisconsin Board

• f

Regents does not

notify

the

University

• f

Wisconsin System that entering the

contract would constitute a violation

• f

sub.

(1).

(c) Paragraphs (a)

and (b)

apply regardless

• f

the date

• n

which a contract

was

entered into.

HIslory:

1971

c.

40

s.

93; 1973

c.

12

s.

37; 1973

C.

SO, 265; 1977

c.

166,173; 1983 a. 282; 1987

a.

344,378, 399; 1989

a.

31, 232; 1993

a. 486;

1995

a. 27,225,227,435;

1997

a. 35, 248;

1999

a. 9,85;

1999

a.

150

s.

672; 2001 a. 109; 2005 a. 417; 2009 a. 28.

A

county board

member

did not violate sub.

(1) by accepting a job as

airport

manager

while

he was

serving as

a county board member

for

a county that

was co-owner

• f

the

airport

when he was

appointed pursuant to advice and approval

• f

the county corporation counsel. State

v.

Davis,

63

WIs. 2d 75,216 N.W.2d

31

(1974).

Sub. (1) (b)

Is

a

strict liability

• ffense.

It does

not Include the element

• f

corrupt motive. State v. Stoehr,

134

Wis. 2d

66,396 N.W.2d 177

(1986).

The

defendant could not have had

a

pecuniary interest in,

• r

have negotiated

in his private capacity for,

a

position that

had not

yet been posted. State

v.

Venema, 2002

Wl App

202,257 Wis. 2d. 491,650 N.W.2d 898,01-2502.

A

county board

member

employed by an

engineering

and survey

firm may have

a

possible conflict

• f

interest in public contracts.

60

Atty.

Gen. 98.

A member

• f

the Wisconsin board

• f

vocational, technical

and

adult education

[now

Technical college]

may

not

bid

• n

and

contract for the construction

• f

a

building project for

a

vocational-technical district that

would

entail

expenditures exceeding $2,000

In

any

year,

when

availability

• f

federal

funds

for

use

• n

such

project

is

subject to

his

approval as a

member

• f

the board. 60

Atty.

Gen. 310. Discussion

• f

conflicts arising

from

election

• f

a school

principal

to the

• ffice
• f

alderperson.

60

Atty.

Gen. 367. Appointment

• f

counsel for indlgents Involves

a

public contract.

62

Atty.

Gen. 118. A county

supervisor

who

is

a

pharmacist probably does not

violate this section In furnishing prescription services

to medlcald patients

when

the

state

is

solely liable for

payment.

64

Atty.

Gen. 108.

The

marital property

law does not change the

applicability

• f

this section

to a

member

• f

a governmental body

when

that

body

employs the member's spouse.

76

Atty.

Gen. 15. This section applies to county board

• r

department purchases

aggregating

more

than $5,000 from a county supervisor-owned

business.

76

Atty.

Gen. 178.

When

the

village board

administers a

community development

block grant program,

a

member

• f

the

village board

would

violate this section

If he

• r

she

• btained

a

loan

in

excess

• f

$5,000 under the program.

Acting as

a

private contractor,

the board

member

would

violate

sub. (1)

If he

contracted to perform the construction

work

for

a

3rd person

who

• btained

a

loan under the program. 76

Atty.

Gen. 278.

Sub. (1) (a)

may

be

violated by

members

• f

the

Private Industry Councils

when

private

• r

public entities

• f

which they are

executives, directors

• r

board

members

receive benefits

under the Job

Training Partnership Act.

77

Atty.

Gen. 306.

A

municipality's

zoning decision

is

not

a

contract

under sub. (1) (a) and

therefore the statute

does not apply to an

• fficial's

participation in

a zoning

decision.

OAG

9-14.

2015-16 Wisconsin Statutes updated through 2017 Wis. Act 135 and

all

Supreme Court and

Controlled Substances Board Orders effective

• n
• r

t>efore

January 1.2018. Pubtished and

certified under

s. 35.18. Changes

effective after

January 1.2018 are designated by

NOTES.

(Published 1-1-18)

SLIDE 16

Menu Menu

12.11 Election bribery.

(1)

In this section,

"anything

• f

value" Includes

any amount

• f

money,

• r

any

• bject

which has

utility

Independent

• f

any

political message

It

contains

and the

value

• f

which exceeds $1.

The

prohibitions

• f

this section

apply to the

distribution

• f

material printed at public

expense and

available for free distribution

If

such materials are accompanied by a

political message.

(1m)

Any

person

who

does any

• f

the following

violates this chapter: (a) Offers, gives, lends

• r

promises to give

• r

lend,

• r

endeavors to procure, anything

• f

value,

• r

any

• ffice
• r

employment

• r

any

privilege

• r

Immunity

to,

• r

for,

any

elector,

• r

to

• r

for

any

• ther

person.

In

• rder

to Induce

any

elector to: 1.

Go

to

• r

refrain

from going to the

polls.

2. Vote

• r

refrain

from

voting. 3. Vote

• r

refrain

from

voting for

• r

against

a

particular person.

4. Vote

• r

refrain

from

voting for

• r

against

a

particular

referendum;

• r
• n

account

• f

any

elector having

done any

• f

the

above.

(b)

Receives, agrees

• r

contracts to receive

• r

accept

any money,

gift,

loan, valuable consideration,

• ffice
• r

employment

personally

• r

for

any

• ther

person,

in consideration that

the person

• r

any

elector

will,

so act

• r

has so acted. (c) Advances, pays

• r

causes to be paid any

money

to

• r

for

the use

• f

any person with the

Intent that such

money

• r

any

part thereof

will be

used to bribe

electors at

any

election.

(2)

This section applies to

any convention

• r

meeting held for the purpose

• f

nomlnab'ng any candidate for any

election,

and to

the

signing

• f

any nomination

paper.

(3)

(a)

This section

does not

prohibit

a candidate from

publicly stating his

• r

her preference for

• r

support

• f

any

• ther

candidate for any

• ffice

to be voted for at the

same

election.

A

candidate for

an

• ffice

in which

the person elected

Is

charged with the duty

• f

participating In

the

election

• r

nomination

• f

any person as a candidate

for

• ffice

Is not

prohibited

from

publicly stating

• r

pledging his

• r

her preference for

• r

support

• f

any person

for such

• ffice
• r

nomination.

(b)

This section

does not

apply to

money

paid

• r

agreed to

be

paid for

• r
• n

account

• f

authorized legal expenses which

were

legitimately incurred at

• r

concerning any election. (c) This section

does not

apply

where an employer agrees

that

all or

part

• f

election

day be

given to

Its

employees as a

paid holiday, provided that such policy

Is made

uniformly applicable to

all

similarly situated

employees. (d)

This section

does not

prohibit

any person from

using his

• r

her

• wn

vehicle to transport electors to

• r

from the

polls without charge.

(e)

This section

does not apply to any promise by a candidate to reduce

public expenditures

• r

taxes.

History:

1973

c.

334; 1975

c.

93; 1983

a. 484;

1991

a. 316;

1993

a. 213.

There are

constitutional limits

• n

the

state's

power

to prohibit candidates

from making promises

in

the course

• f

an

election

campaign.

Some

promises are

universally

acknowledged as

legitimate,

indeed Indispensable to declsionmaking

In

a democracy.

Brown

v.

Hartlage,

456

U.S.

45

(1982). 2015-16

Wisconsin Stalules updated

Uirougti

2017 Wis.

Act

135 and

all

Supreme Court and

Controlled

Substances Board Orders

eftectlve

• n
• r

before

Janua^ 1,2018.

Published and

certified under

s. 35.18. Changes

effective after

January 1,2018 are designated by

NOTES.

(Published 1-1-18)

SLIDE 17

Menu

946.10 Bribery

• f

public

• fficers

and employees,

whoever does

either

• f

the following

is guilty

• f

a

Class

H

felony;

(1)

Whoever, with

intent to influence

the conduct

• f

any

public

• fficer
• r

public

employee

in relation

to any matter which by law

Is

pending

• r

might

come

before the

• fficer
• r

employee

In

the

• fficer's
• r

employee's capacity as such

• fficer
• r

employee

• r

with intent to induce the

• fficer
• r

employee to do

• r
• mit

to

do any

act In violation

• f

the

• fficer's
• r

employee's lawful duty

transfers

• r

promises to the

• fficer
• r

employee

• r
• n

the

• fficer's
• r

employee's behalf any property

• r

any

personal advantage which the

• fficer
• r

employee

is not

authorized to receive;

• r

(2)

Any

public

• fficer
• r

public

employee

who

directly

• r

indirectly

accepts

• r
• ffers

to accept any property

• r

any

personal advantage, which the

• fficer
• r

employee

Is not

authorized to receive, pursuant to

an understanding

that the

• fficer
• r

employee

will

act

in a certain manner In relation

to any matter which by law

is pending

• r

might

come

before the

• fficer
• r

employee

In

the

• fficer's
• r

employee's capacity as such

• fficer
• r

employee

• r

that the

• fficer
• r

employee

will

do

• r
• mit

to

do any

act

In violation

• f

the

• fficer's
• r

employee's lawful duty.

History:

1977

c.

173; 1993

a.

486; 2001

a. 109. Circumstantial

evidence supported an inference that the defendant intended to Influence a

public

• fficial's

actions. State

v.

Rosenfeld,

93

WIs. 2d 325,286 N.W.2d

596

(1980).

A

sworn

juror

Is

a

public

employee under sub.

(2). State v.

Sammons, 141

WIs.

2d 833,417 N.W.2d 190

(Ct.

App. 1987). Menu

2015-16 Wisconsin Statutes updated Uvougti 2017 Wis. Act 135 and

atl

Supreme Court and

Controlled Substances Board Orders effective

• n
• r

ttefore

January 1.2018.

Pubtislied

and

certiRed

under s. 35.18. Cfianges

effective after

January 1.2018 are designated by

NOTES.

(Pubtlstted 1-1-18)

SLIDE 18

Menu

19.451 Discounts at certain stadiums. No

person serving

in

a

national, state

• r

local

• ffice,

as defined

In s.

S.02,

may

accept any discount

• n

the

price

• f

admission

• r

parking charged to

members

• f

the general

public, including

any

discount

• n

the use

• f

a sky box

• r

private luxury

box, at a stadium that

is

exempt from

general property taxes under s. 70.11 (36).

History;

1991

a. 37. Menu

2015-16 Wisconsin Statutes updated through 2017 WIs. Act 135 and

all

Supreme Court and

Controlled Substances Board Orders elfectiveon

• r

before January 1, 2016. Published

and

certllied under

s. 35.16. Changes

effective after

January 1,2016 ara designated by

NOTES.

(Published 1-1-16)

SLIDE 19

Menu

66.0501

Eligibility

for

• ffice.

(1) Deputy

sheriffs

and

municipal police.

No

person

may be

appointed deputy

sheriff

• f

any county

• r

poiice

• fficer

for any

city, viiiage

• r

town

uniess that person

is

a

citizen

• f

the United

States. This section

does not apply to

common

carriers

• r

to

a deputy

sheriff

not required to take an

• ath
• f
• ffice.

(2)

Eligibility

• f
• ther
• fficers.

Except as expressly authorized by statute,

no member

• f

a town,

viiiage

• r

county board,

• r

city council,

during the term for which the

member

is

elected,

is eligible

for

any

• ffice
• r

position which during that

term has been created

by,

• r

the

selection

to which

is vested in,

the board

• r

council, but the

member

is eligible

for

any

elective

• ffice.

The

governing

body may be

represented

• n

city, viiiage

• r

town

boards and commissions where

no

additional

compensation, except

a

per diem,

is paid

to the representatives

• f

the governing body and

may

fix

the tenure

• f

these

representatives notwithstanding

any

• ther

statutory provision.

A

representative

• f

a governing body

who

is

a member

• f

a

city, viiiage

• r

town

board

• r

commission

may

receive

a per diem

• nly

if

the remaining

members

• f

the board

• r

commission

may

receive

a per diem. This subsection does not apply to a

member

• f

any board

• r

council described in this subsection

who

resigns

from the board

• r

council before being appointed to

an

• ffice
• r

position

which was not created

during the

member's term

in

• ffice.

(3) Appointments

• n

consolidation

• f
• ffices.

Whenever

• ffices

are consolidated, the

• ccupants
• f

which are members

• f

the

same

statutory

committee

• r

board and which are serving

in

that

• ffice

because

• f

holding another

• ffice
• r

position,

the

common

council

• r

village board

may

designate another

• fficer
• r
• fficers
• r

make any

additional

appointments as

may be

necessary to procure the

number

• f

committee

• r

board

members

provided for by statute.

(4)

Compatible

• fhces

and

positions.

A

volunteer

fire fighter,

emergency medical

services practitioner,

• r

emergency

medical responder

in

a

city, viiiage,

• r

town whose annual compensation from

• ne
• r

more

• f

those

positions, including fringe benefits,

does not exceed $25,000

if

the

city, viiiage,

• r

town

has a population

• f

5,000

• r

less,

• r

$15,000

if

the

city, viiiage,

• r

town

has a population

• f

more than

5,000,

may

also hold

an

elective

• ffice

in that city, viiiage,

• r

town,

it is

compatible with

his

• r

her

• ffice

for

an

elected

town

• fficer

to receive wages under

s.

60.37 (4)

for

work

that

he

• r

she

performs for the town.

(5)

Employees may be candidates.

(a)

in this

subsection:

1.

"Political subdivision"

means a

city, viiiage,

town,

• r

county. 2. "Public

employee" means any

individual

employed by a

political

subdivision,

• ther

than an

individual

to

whom

s.

164.06 applies and

• ther

than an

individual to

whom 5

USC1502 (a) (3)

applies.

(b) No

political

subdivision may prohibit

a

public

employee from

being a candidate for any elective public

• ffice,

if

that individual

is

• therwise

qualified

to

be a

candidate, fio public

employee may be

required, as

a

condition

• f

being a candidate

for

any

elective public

• ffice,

to take a leave

• f

absence during

his

• r

her candidacy. This subsection does not

affect

the authority

• f

a

political

subdivision to regulate the

conduct

• f

a

public

employee

while the public

employee

is

• n

duty

• r
• therwise

acting in

an

• fficial

capacity. History:

1979

c.

110; 1987

a.

27,403; 1991

a.

316; 1993 a. 246; 1999 a. 56; 1999 a.

150

s.

267;

Stats.

1999

s. 66.0501;

2001

a. 16; 2003 a. 79; 2015 a. 341; 2017

a. 12.

A

citizenship

requirement for peace

• fficers

is

constitutional.

68

Atty.

Gen. 61. The

• ffices
• f

commissioner

• f

a town

sanitary

district

and

supervisor

• f

a town board are incompatible

when

the

town

board

also serves as the appointing authority for the commissioners.

69

Atty.

Gen. 108. A

sitting member

• f

a county board must

resign

the

• ffice
• f

supervisor before being appointed to the

permanent

position

• f

county administrative coordinator under

this section.

OAG1-11. Menu

2015-16 Wisconsin Statutes updated

ttuougti

2017 Wis.

Act 135 and

all

Supreme

Court and Controlled Substances Board Orders

effective

• n
• r

before January 1,2018. Published and

certified under

s. 35.16.

Changes

effective after

January 1,2018 are designated by

NOTES.

(Published 1-1-16)

SLIDE 20

Menu

66.0505 Compensation

• f

governing bodies. (1) Definitions.

In this section: (a)

"Elective

• fficer"

means a member

• r

member-elect

• f

the governing body

• f

a

political

subdivision.

(b)

"Political

subdivision"

means any

city, village,

town,

• r

county.

(2)

Establishment

• f

salary. An

elected

• fficial
• f

any

political

subdivision,

who

by

virtue

• f

the

• ffice

held

by that

• fficial

is entitled

to

participate in

the establishment

• f

the

salary attending that

• ffice,

shall

not during the term

• f

the

• ffice

collect salary in excess

• f

the salary provided at the time

• f

that

• fficiai's

taking

• ffice.

This provision

is of

statewide concern and applies

• nly

to

• fficials

elected after October 22,1961.

(3) Refusal OF

salary.

(a) 1. Notwithstanding the provisions

• f

s.

59.10 (1)

(c),

(2)

(c),

(3)

(f) to

(j),

60.32,61.193,61.32,

• r

62.09

(6),

an

elective

• fficer

may

send

written notification to the clerk

and

treasurer

• f

the

political

subdivision

• n

whose

governing

body he

• r

she serves

that

he

• r

she wishes to

refuse to accept the salary that

he

• r

she

is

• therwise

entitled

to receive. 2. Except as provided

in

subd.

3.,

to

be

valid

the

notification must

be sent no

later

than the day

• n

which the

elective

• fficer

takes the

• ath
• f
• ffice

and

before

he

• r

she performs any

services in his

• r

her

• fficial

capacity,

and the

notification

applies

• nly

to the taxable year

in

which the

• fficer's

election

is certified

• r

in which

the

• fficer

is

appointed,

if

the

elective

• fficer's

current taxable year

ends

within

3

months

• f

his

• r

her

certification

• r

appointment, the

notification applies until

the end

• f

his

• r

her next taxable

year. 3. Except

as provided

in

subd.

2.,

to be

valid

the

notification must

be sent at

least

30

days before the

start

• f

the

elective

• fficer's

next taxable

year,

and the

notification applies

• nly

to that taxable year although the

notification may

be renewed

annually as provided

in this subdivision.

4.

If

a

clerk

and

treasurer receive notification as described in subd. 2.

• r

3.,

the treasurer

may

not pay the

elective

• fficer

his

• r

her salary during the time period to which the

notification applies.

Upon

receipt

• f

such

notification,

the

political subdivision's

treasurer shall

not pay the

elective

• fficer

the

salary that

he

• r

she

is

• therwise

entitled to receive, beginning with

the

first pay

period that

commences

after notification applies.

(b) An

elective

• fficer,
• r
• fficer-elect,

who

sends the

written notification described

under

par.

(a)

may

not

rescind the notihcation.

if

an

elective

• fficer's

notification no

longer applies, the

political

subdivision's treasurer shall

pay the

elective

• fficer

any

salary that

he

• r

she

is

entitled

to receive, beginning with the

first pay

period that

commences

after

the

expiration

• f

the

notification. Illslory:

1991

a. 316;

1993

a. 213;

1999

a.

150

s.

312;

Stats.

1999

s. 66.0505;

2007

a.

49; 2009

a.

173; 2017 a. 9. Menu

2015-16 Wisconsin Stalutes updated through 2017 WIs. Act 135 and

all

Supreme

Court and Controlled Substances Board Orders

effective

• n
• r

before January 1,201B. Published and

certllled under

a. 35.18.

Changes

effective after

January 1,2018 are designated by

NOTES.

(Published 1-1

• 18)