This is so depressing watching the city slowly erode what I thought were strong ethics laws. Here’s a bit of it, more to come next week.
CITY ATTORNEY SHIFTING EXCUSES
Read more about the Mayor’s bike trip with lobbyists in Europe here.
First, it was ok cuz it was a foundation, now its ok because it benefits the city. Um, interesting spin, but please, finish reading the law and stay consistent.
3.35(5)(a)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.
Ok, lets stop there, it’s illegal for the person or entity to do it. There’s no exceptions noted that I saw. Don’t you think that this trip is designed to get the Mayor to continue work on the Platinum Bike Report and change ordinances to help development be more bike friendly. Maybe even influence rail stations and other transportation issues?
The law goes on to make it illegal for the elected official to receive “anything of value”.
(g) Receipt of Anything of Value. No incumbent may receive and retain any transportation, meals, entertainment, fee, food, beverage, or reimbursement therefore, nor any honoraria, service fee or contract payment or anything of value except in accord with Section 3.35(6)
It of course, leaves room for an exception:
(6) Honoraria, Fees and Expenses.
(a) During her or his term, no elected official or member of any board, committee or
commission shall receive and retain anything of value unless the activity or occasion for which it is given did not arise from her or his use of the City’s time, information, facilities, equipment, services or supplies not generally available to all residents of the City or from the recipient’s holding or having held her or his position and was paid for a purpose unrelated to legislation, policies or issues being considered by or affecting the City.
(b) During her or his term, no elected official or member of any board, committee or
commission shall receive and retain from the City or on behalf of the City transportation, lodging, meals, food or beverage, or reimbursement therefore unless the same were incurred or received primarily for the benefit of the City and not primarily for her or his private benefit or that of any other person.
(c) During her or his term, no elected official or member of any board, committee or
commission shall receive and retain honoraria such as money or anything of value other than commemorative or other items of nominal value for or in recognition of activities related to or arising from their City roles or positions. Such persons may accept and retain from persons or entities other than the City the cost or reimbursement of actual and reasonable expenses related to such activities whether or not such activities arise from their City roles or positions, except that elected officials may not receive and retain any such payments from a lobbyist or from a business or organization or local government that employs a lobbyist.
(d) Employees may not use time provided under Sec. 3.32(5) for purposes of outside
employment.
(e) Employees may not receive and retain anything of value unless the employment or
activity for which it is given does not arise from the employee’s use of the City’s time, information, facilities, equipment, services or supplies not generally available to all residents of the City. Employees shall not receive and retain from the City or on behalf of the City transportation, lodging, meals, food or beverage, or reimbursement therefore, unless the same were incurred or received primarily for the benefit of the City, and not primarily for her or his private benefit, or that of any other person. Employees shall not receive and retain honoraria, such as money or anything of value, other than commemorative or other items of nominal value for, or in recognition of activities related to, or arising from their City roles or positions. Employees may accept and retain from persons or entities other than the City the cost or reimbursement of actual and reasonable expenses related to such activities, whether or not such activities arise from their City roles or positions. When employees perform or provide services for persons or entities other than the City which services arise from their City employment or from the employee’s holding her or his position, and the employee’s compensation and expenses related thereto are paid for or reimbursed by the City, all monies received by the employee therefore shall be paid promptly to the City Treasurer.
This subdivision shall not apply to City Police Officers or Firefighters certified as emergency medical technicians hired while off department scheduled hours in accord with departmental policies and procedures or approved contracts.
(f) Elected officials may receive and retain from a political committee under Ch. 11, Wis. Stats., transportation, lodging, meals, food or beverages, or reimbursement therefore or payment or reimbursement of costs permitted and reported in accordance with Ch. 11, Wis. Stats.
(g) If an incumbent receives anything of value not authorized by this subsection, the incumbent shall not retain it but shall deposit the money or the equivalent cash value of anything of value with the City Treasurer or return the payment or thing to the payor or giver.
(h) Whenever an incumbent receives anything of value permitted by this Subsection (6) from or has any fee or expense waived or reduced by a person or entity other than the City in connection with her or his official duties, she or he shall, within 10 days of the occurrence file a report with the City Clerk on forms provided by the Clerk.
Can’t wait to see the Mayor’s and city employee’s reports.
Here’s what really has be a little miffed. When the Dalai Lama was here, we did have to give back our scarves. And when the Council President arranged a get together with the business community, we had a pay for the cost of our food. Those were likely good decisions. So, why? What happened? What changed? A couple dollars of food or drinks and we all played it squeaky clean. A trip Europe. Eh, no big deal. This is Crazytown.
