It seems like the city is dropping the ball on training our elected officials about ethics. Regardless, Alders need to take responsibility for understanding the rules so we don’t have yet another alder ethics violation.
THE ETHICS CODE
The ethics code says the following:
(5) Standards of Conduct .
(a)1. Use of Office or Position . No incumbent may use or attempt to use her or his position or office to obtain financial gain or anything of value or any advantage, privilege or treatment for the private benefit of herself or himself or her or his immediate family, or for an organization with which she or he is associated. This paragraph does not prohibit an incumbent from using the title or prestige of her or his office to obtain campaign contributions that are permitted and reported as required by Wis. Stat. ch. 11.
2. Influence and Reward . No person or entity may offer or give to an incumbent or member of an incumbent’s immediate family, directly or indirectly, and no incumbent may solicit or accept from any person or entity, directly or indirectly, anything of value if it could reasonably be expected to influence the incumbent’s vote, official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on her or his part.
This subsection 2. does not prohibit an incumbent from soliciting donations from third parties provided that:
a. The funds are to be used for a City project or for a conference to be held within the City;
b. The solicitation has been approved by a resolution of the Common Council;
c. The entity receiving the funds is not an entity with which the incumbent is associated; and
d. A report of the amount and date of contribution and contributor for all donations for the project or conference is filed with the City Clerk within six (6) months of the receipt of the donation.
(Sec. 3.35(5)(a)2. Am. by ORD-10-00105, 11-23-10)
THE INCIDENT(S)
I noticed the blog post right away. Apparently Alder Tag Evers also used his alder email to send out an email asking people to contribute.
BACKGROUND
Before the CCEC (Common Council Executive Committee) meeting when I walked in it suddenly got quiet. They had been talking about this incident and I asked if they were talking about the blog post. Alder Evers was explaining that he didn’t know, that when it was brought to his attention he quickly called Attorney May and learned why he couldn’t do it. It was a mistake. He seemed upset about the blunder and said now that he knows, it won’t happen again. He thought that since it was a good neighborhood resource he was doing something good. He now realizes why its problematic.
Alder Bidar says she has run into this issue in the past as well. She had wanted to help raise funds for a neighborhood park but consulted the city attorney to confirm that she couldn’t do that.
WHAT HAPPENS NOW?
Probably nothing. Same with Alder Carter. Unless someone filed an ethics complaint, but I don’t really see that happening.
I’m surprised he didn’t take the post down immediately. It is a public record and he’d have to retain it, but the post should have been taken down yesterday.