#5 Discussion and action on revised Council Policy statement #88 on Code of Conduct for members of City Council and commissions, committees and boardsADMINISTRATIVE SERVICES MEMORANDUM
July 20, 2011
TO: City Council
FROM: Jacob J. Winzenz, Dir. of Admin. Services/Assistant City Manager
SUBJECT: Discussion and Action on a Proposed City Council Policy
Establishing a Code of Conduct for Members of the City Council;
and Commissions, Committees, and Boards. (Revised Council
Policy No. 88)
Attached is revised City Council Policy Statement No. 88 which establishes a
code of conduct for members of the City Council; and commissions, committees
and boards. The proposed policy was previously reviewed by the City Council at
thth
their meetings on June 27 and July 11. Changes to the proposed policy have
been incorporated in the draft attached to this cover memo. If any City
Councilmember would like a “redlined” version showing the changes from the
th
policy reviewed on July 11, please contact me and we can make that available.
CITY OF JANESVILLE Policy No. 88
Page 1 of 6
CITY COUNCIL POLICY STATEMENT Date Issued
General Subject: Administration
Effective Date:
Specific Subject: City Council & Commissions,
Committees & Boards Code
Of Conduct Cancellation Date:
Supersedes No.
PURPOSE:
It is the policy of the City of Janesville to uphold and promote ethical conduct from
elected and appointed public officials. The city council recognizes the importance of
establishing ethical principles, rules, and laws that guide elected officials and members
of appointed boards, commissions, and committees, herein referred to as public officials.
STATEMENT OF POLICY:
Public officials are to maintain the highest standards of personal conduct, integrity,
truthfulness, and fairness in carrying out their public duties.
Responsibility of Public Office: The primary goal of public officials is working for the
common good of the City of Janesville and in the public’s best interest.
Compliance with Law: Public officials are agents of the public purpose and are therefore
obligated to uphold the laws of the nation, state, county, and city.
Conduct of Officials: The conduct of public officials shall be above reproach and avoid
the appearance of impropriety. Public officials may disagree during debate ofissues
however the debate should be civil and cordial. Public officials shall refrain from abusive
conduct, personal charges, or verbal attacks upon the character or actions of other
council members or of members of boards, commissions, committees, city staff, or the
public.
Performance of Duties:
(1) Public officials shall perform their duties with diligence and in accordance with
the rules of order established by the city council, board, commission, or
committee conducting the meeting for the deliberation of public policy issues, and
implementation of policy decisions of the city council by city staff. The
involvement by citizens or citizen opinion regarding public policy issues shall be
meaningful and fully considered.
(2) The City has provided a variety of means for citizens to communicate with the
Council. It is intended for Council members to use the City e-mail addresses and
the City website and social media sites to receive communication from citizens.
Council members are strongly discouraged from utilizing their personal electronic
CITY OF JANESVILLE Policy No. 88
Page 2 of 6
CITY COUNCIL POLICY STATEMENT Date Issued
General Subject: Administration
Effective Date:
Specific Subject: City Council & Commissions,
Committees & Boards Code
Of Conduct Cancellation Date:
Supersedes No.
media (email, facebook pages, blogs, text messaging, etc.) to communicate on
City business. If a Council member chooses to use his/her personal electronic
media, then it is solely his/her responsibility to produce any electronic media per
the public records law, not saved on a City of Janesville server.
Public Meetings:
(1) Public officials shall prepare for meetings to conduct the business of the City of
Janesville in a meaningful manner regarding the public issues to be debated.
Public officials will listen courteously and attentively to all public discussion
before the body and focus on the business being conducted.
(2) Public officials shall refrain from interrupting other speakers, making personal
comments not related to the public discussion or otherwise interfere with the
orderly conduct of the meeting.
Electronic Devices:
(1) Any electronic communication devices shall be set aside, silenced or turned off
so as to not interfere, distract, or disrupt the conduct of the public meeting.
Electronic devices shall not be used for social media or entertainment purposes.
(2) Electronic communication devices may be used to search the internet to
research a question under discussion. The individual may not use the electronic
device to communicate with individuals not at the meeting regarding the
business of the meeting.
Deliberations and Decisions: Public officials will base their decisions on the merits and
substance of the business or public policy at hand.
Communication: Public officials shall publicly share with the body substantive
information that is relevant to the matter under consideration by the council, board,
commission, or committee, which the public official received from sources outside the
public decision-making process.
Conflict of Interest: Public officials should remove themselves from debate and
deliberation on matters of public interest should they have a material financial interest or
personal relationship, which may give the appearance of or be a conflict of interest as
CITY OF JANESVILLE Policy No. 88
Page 3 of 6
CITY COUNCIL POLICY STATEMENT Date Issued
General Subject: Administration
Effective Date:
Specific Subject: City Council & Commissions,
Committees & Boards Code
Of Conduct Cancellation Date:
Supersedes No.
set forth in Wisconsin Statutes 19.46. Public officials should avoid action, whether or not
specifically prohibited, which may result or create the appearance of direct conflict of
interest.
Gifts, Gratuities, and Favors
(1) Public officials shall comply with the requirements of Section 19.59(1)(a)(b), WI
Statutes relating to the acceptance and reporting of gifts, gratuities, and favors.
(2) No public official shall accept anything of value, whether in the form of gift,
service, loan, or promise from any person which may tend to influence his/her
independence of judgment or action in the performance of their duties or grant in
the discharge of their duties any improper favor or service of value.
Confidentiality of Information: Public officials shall not disclose to anyone any
information obtained during and/or in relation to any closed session, the disclosure of
which is:
(1) prohibited by law, e.g. certain personnel or employee information rendered
confidential or prohibited from release by Federal or State law, such as, but not
limited to, social security numbers, driver license information, health matters,
medical payments, or personal or family financial information under
19.85(1)(b), (c), or (f), 19.35(1)(am)1., 19.35(1)(am)2., 2(a), 2.(b), or (2)(c),
19.356, 19.36(2),19.36 especially 19.36(10) concerning certain personnel and
employment records and information, 19.36(13), 103(13)(6) especially
103(13)(6)(e);
(2) prohibited from disclosure during the pendency of a quasi-judicial hearing
before the council and/or a committee, board or commission upon which the
council member sits; and/or
(3) that would undermine or jeopardize, tend to or potentially undermine, obstruct,
and/or jeopardize, the financial, legal, strategic, or best interests of the City,
such as, but not limited to, collective bargaining strategies, real estate or
contract negotiations, and legal advice during the pendency of the matter.
CITY OF JANESVILLE Policy No. 88
Page 4 of 6
CITY COUNCIL POLICY STATEMENT Date Issued
General Subject: Administration
Effective Date:
Specific Subject: City Council & Commissions,
Committees & Boards Code
Of Conduct Cancellation Date:
Supersedes No.
Use of Public Resources:
(1) The use of city facilities, equipment, vehicles, supplies, on-duty personnel, or
other goods or services is limited to city business. Public resources may not be
used except on the same basis that the resources otherwise would be available
to the general public. Rental or usage fees may not be waived except in
accordance with city policy.
(2) A public official may use the city’s name, letterhead, logo, or seal only when it is
used representing the City of Janesville or the body as a whole and only with the
prior consent of the council, council president, or city manager.
(3) A public official shall not utilize the city’s name, letterhead, logo, or seal for the
purpose of endorsing any political candidate.
(4) A public official shall not utilize the city’s name, letterhead, logo or seal for the
purpose of recognizing a business, commercial product, or service unless
specifically authorized by the City Council as a whole or due to an agreement
with the City.
Representative of Private Interests: City council members shall not appear on behalf of
the private interests of third parties before the council or any board, commission,
committee, or proceeding of the city. Public officials of boards, commissions, and
committees shall not appear before their own bodies or before the city council on behalf
of the private interest of third parties on matters related to the areas of service or their
board, commission, or committee.
Advocacy:
(1) Public officials shall represent the official policies and positions of the city council,
board, commission, or committee to the best of their ability when designated as
delegates for this purpose.
(2) Public officials when representing their personal opinions and positions, in a
written document or speech, shall state that they are not representing the City of
Janesville, city council, board, commission, or committee but expressing their
personal view.
CITY OF JANESVILLE Policy No. 88
Page 5 of 6
CITY COUNCIL POLICY STATEMENT Date Issued
General Subject: Administration
Effective Date:
Specific Subject: City Council & Commissions,
Committees & Boards Code
Of Conduct Cancellation Date:
Supersedes No.
(3) Sections 1 & 2 do not apply when a Council member is at a non-political event or
when attending a City ceremony.
Policy Role of Members: Public officials shall adhere to the Council-Manager form of
government as set forth in the City Charter and Council Policy with respect to the city
manager’s relationship with the city council. The city council determines the policies of
the city with advice, information, and analysis provided by the public, boards,
commissions, committees, and city staff. Except as provided by city ordinance, council
members shall not interfere with the administrative functions of the city or the
professional duties of city staff or impair the ability of staff to implement council policy
decisions.
Independence of Boards, Commissions, and Committees: The independent
recommendations of boards, commissions, and committees to the public decision
making process is recognized as valuable and significant.
Harassment: Public officials shall avoid offensive or inappropriate harassing behavior.
Should there be complaints of harassment such complaints will be promptly and
carefully investigated in accordance with the City of Janesville Harassment Policy.
Positive Work Place Environment: Public officials shall support the maintenance of a
positive and constructive work place environment for city employees and for citizens
conducting business with the city.
City Attorney to Render Opinion on Request: Public officials subject to this policy, if in
doubt to the proper interpretation or application of the Code of Conduct or Ethics law
may submit to the city attorney a written statement of facts and questions. The city
attorney will then render a written opinion to the official and shall publish the opinion
without use of the name of the official advised unless such official permits the use of
their name.
Implementation:
(1) The Code of Conduct for the City of Janesville is intended to be self-enforcing.
Ethical standards shall be included in the orientation for candidates for city
council, newly elected officials and appointed members to boards,
commissions, and committees.
CITY OF JANESVILLE Policy No. 88
Page 6 of 6
CITY COUNCIL POLICY STATEMENT Date Issued
General Subject: Administration
Effective Date:
Specific Subject: City Council & Commissions,
Committees & Boards Code
Of Conduct Cancellation Date:
Supersedes No.
(2) Public officials entering office will be provided a statement certifying they have
read and understand the Code of Conduct (signing the statement is optional).
(3) The Code of Conduct City Council Policy shall be reviewed and updated as
necessary in November/December of odd-numbered years.
Sanctions:
(1) A determination that an elected official’s actions constitute a violation of the Code
of Conduct Policy may be cause for sanctioning in the form of a reprimand or
censure by the city council. Sanctions and censures of a city council member
may be made only by an affirmative vote of two-thirds of the members of the
council present. For a City Council to consider some form of sanctioning at least
3 members must present the request.
(2) A determination that a public official’s action (member of an appointed board,
commission or committee) constitutes a violation of the Code of Conduct Policy
may be cause for sanctioning in the form of reprimand or censure, or removal
from the board, commission, or committee by the city council. Sanctions,
censures, or removal shall be made by an affirmative vote of two-thirds of the
members of the council present. Members of the Police and Fire Commission,
Zoning Board of Appeals, and Plan Commission shall be exempt from the
removal provision.
Attachments: Chapter 19.41 to 19.59 WI Statutes
Wisconsin’s Ethics Laws – Recognizing and Avoiding Conflicts of Interest
League of Wisconsin Municipalities
Recognizing & Avoiding Conflicts of Interest
League of Wisconsin Municipalities