§ 2-414. Conflicts of interest.

(a)

Financial and personal interest.

(1)

No official or employee of the city, 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)

Any member of the common council who has a financial interest or personal interest in any proposed legislation before the common council shall disclose on the records of the common council the nature and extent of such interest. Such official shall not participate in debate or vote for adoption or defeat of such legislation. If the matter before the council 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 nonelected official, other than a city employee, who has a financial interest or personal interest in any proposed legislative action of the common council 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 common council 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 city employee who has a financial interest or personal interest in any proposed legislative action of the common council 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 common council 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 city, nor shall such information be used to advance the financial or other private interests of the official or employee or others.

(c)

Gifts and favors.

(1)

No official or employee, personally or through a member of his immediate family, may solicit or accept, either directly or indirectly, from any person or organization, money or anything of value if it could be expected to influence the employee's official actions or judgments or be considered a reward for any action or inaction on the part of the official or employee.

(2)

No official or employee personally, or through a member of his immediate family, shall accept any gift, whether in the form of money, service, loan, thing or promise, from any person which may tend to impair his independence of judgment or action in the performance of his duties or grant in the discharge of his duties any improper favor, service or thing of value.

(3)

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 city official or employee. Participation in celebrations, grand openings, open houses, informational meetings and similar events are excluded from this prohibition. This subsection 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.

(4)

Gifts received by an official or employee or his immediate family under unusual circumstances shall be referred to the common council within ten days of receipt for recommended disposition. Any person subject to this chapter who becomes aware that he is or has been offered any gift, the acceptance of which would constitute a violation of this subsection, shall, within ten days, disclose the details surrounding such offer to the common council. Failure to comply with this reporting requirement shall constitute an offense under this chapter.

(d)

Representing private interests before city agencies or courts.

(1)

Nonelected city officials and employees shall not appear on behalf of any private person (other than himself, his spouse or minor children) before any city agency, board, commission or the common council 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 city officials may appear before city 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) of this section shall be applicable to such appearances.

(e)

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 common council that such interest exists.

(f)

Contracts with the city. No city official or employee who, in his capacity as such officer or employee, participates in the making of a contract in which he has a private pecuniary interest, direct or indirect, or performs in regard to that contract with some function requiring the exercise of discretion on his part shall enter into any contract with the city unless, within the confines of Wis. Stats. § 946.13:

(1)

The contract is awarded through a process of public notice and competitive bidding or the common council waives the requirement of this section after determining that it is in the best interest of the city to do so.

(2)

The provisions of this subsection shall not apply to the designation of a public depository of public funds.

(Code 1994, § 2-5-7)