19.59(1)(g)4.
4. A district board member may receive and retain anything of value if the activity or occasion for which it is given is unrelated to the member's use of the time, facilities, services or supplies of the district not generally available to all residents of the district and the member can show by clear and convincing evidence that the payment or reimbursement was unrelated to and did not arise from the recipient's holding or having held a public office and was paid for a purpose unrelated to the purposes specified in
subd. 3.
19.59(1)(g)5.
5. A district board member may receive and retain from the district or on behalf of the district transportation, lodging, meals, food or beverage, or reimbursement therefor or payment or reimbursement of actual and reasonable costs that the member can show by clear and convincing evidence were incurred or received on behalf of the district and primarily for the benefit of the district and not primarily for the private benefit of the member or any other person.
19.59(1)(g)6.
6. No district board member may intentionally use or disclose information gained in the course of or by reason of his or her official position or activities in any way that could result in the receipt of anything of value for himself or herself, for his or her immediate family, or for any other person, if the information has not been communicated to the public or is not public information.
19.59(1)(g)7.
7. No district board member may use or attempt to use the position held by the member to influence or gain unlawful benefits, advantages or privileges personally or for others.
19.59(1)(g)8.
8. No district board member, member of a district board member's immediate family, nor any organization with which the district board member or a member of the district board member's immediate family owns or controls at least 10% of the outstanding equity, voting rights, or outstanding indebtedness may enter into any contract or lease involving a payment or payments of more than $3,000 within a 12-month period, in whole or in part derived from district funds unless the district board member has first made written disclosure of the nature and extent of such relationship or interest to the ethics board and to the district. Any contract or lease entered into in violation of this subdivision may be voided by the district in an action commenced within 3 years of the date on which the ethics board, or the district, knew or should have known that a violation of this subdivision had occurred. This subdivision does not affect the application of
s. 946.13.
19.59(1)(g)9.
9. No former district board member, for 12 months following the date on which he or she ceases to be a district board member, may, for compensation, on behalf of any person other than a governmental entity, make any formal or informal appearance before, or negotiate with, any officer or employe of the district with which he or she was associated as a district board member within 12 months prior to the date on which he or she ceased to be a district board member.
19.59(1)(g)10.
10. No former district board member, for 12 months following the date on which he or she ceases to be a district board member, may, for compensation, on behalf of any person other than a governmental entity, make any formal or informal appearance before, or negotiate with, any officer or employe of a district with which he or she was associated as a district board member in connection with any judicial or quasi-judicial proceeding, application, contract, claim, or charge which might give rise to a judicial or quasi-judicial proceeding which was under the former member's responsibility as a district board member within 12 months prior to the date on which he or she ceased to be a member.
19.59(1)(g)11.
11. No former district board member may, for compensation, act on behalf of any party other than the district with which he or she was associated as a district board member in connection with any judicial or quasi-judicial proceeding, application, contract, claim, or charge which might give rise to a judicial or quasi-judicial proceeding in which the former member participated personally and substantially as a district board member.
19.59(1m)
(1m) In addition to the requirements of
sub. (1), any county, city, village or town may enact an ordinance establishing a code of ethics for public officials and employes of the county or municipality and candidates for county or municipal elective offices.
19.59(2)
(2) An ordinance enacted under this section shall specify the positions to which it applies. The ordinance may apply to members of the immediate family of individuals who hold positions or who are candidates for positions to which the ordinance applies.
19.59(3)
(3) An ordinance enacted under this section may contain any of the following provisions:
19.59(3)(a)
(a) A requirement for local public officials, other employes of the county or municipality and candidates for local public office to identify any of the economic interests specified in
s. 19.44.
19.59(3)(b)
(b) A provision directing the county or municipal clerk or board of election commissioners to omit the name of any candidate from an election ballot who fails to disclose his or her economic interests in accordance with the requirements of the ordinance.
19.59(3)(c)
(c) A provision directing the county or municipal treasurer to withhold the payment of salaries or expenses from any local public official or other employe of the county or municipality who fails to disclose his or her economic interests in accordance with the requirements of the ordinance.
19.59(3)(d)
(d) A provision vesting administration and civil enforcement of the ordinance with an ethics board appointed in a manner specified in the ordinance. A board created under this paragraph may issue subpoenas, administer oaths and investigate any violation of the ordinance on its own motion or upon complaint by any person. The ordinance may empower the board to issue opinions upon request. Records of the board's opinions, opinion requests and investigations of violations of the ordinance may be closed in whole or in part to public inspection if the ordinance so provides.
19.59(3)(e)
(e) Provisions prescribing ethical standards of conduct and prohibiting conflicts of interest on the part of local public officials and other employes of the county or municipality or on the part of former local public officials or former employes of the county or municipality.
19.59(3)(f)
(f) A provision prescribing a forfeiture for violation of the ordinance in an amount not exceeding $1,000 for each offense. A minimum forfeiture not exceeding $100 for each offense may also be prescribed.
19.59(4)
(4) This section may not be construed to limit the authority of a county, city, village or town to regulate the conduct of its officials and employes to the extent that it has authority to regulate that conduct under the constitution or other laws.
19.59(5)(a)(a) Any individual, either personally or on behalf of an organization or governmental body, may request of a county or municipal ethics board, or, in the absence of a county or municipal ethics board, a county corporation counsel or attorney for a local governmental unit, an advisory opinion regarding the propriety of any matter to which the person is or may become a party. Any appointing officer, with the consent of a prospective appointee, may request of a county or municipal ethics board, or, in the absence of a county or municipal ethics board, a county corporation counsel or attorney for a local governmental unit an advisory opinion regarding the propriety of any matter to which the prospective appointee is or may become a party. The county or municipal ethics board or the county corporation counsel or attorney shall review a request for an advisory opinion and may advise the person making the request. Advisory opinions and requests therefor shall be in writing. It is prima facie evidence of intent to comply with this section or any ordinance enacted under this section when a person refers a matter to a county or municipal ethics board or a county corporation counsel or attorney for a local governmental unit and abides by the advisory opinion, if the material facts are as stated in the opinion request. A county or municipal ethics board may authorize a county corporation counsel or attorney to act in its stead in instances where delay is of substantial inconvenience or detriment to the requesting party. Except as provided in
par. (b), neither a county corporation counsel or attorney for a local governmental unit nor a member or agent of a county or municipal ethics board may make public the identity of an individual requesting an advisory opinion or of individuals or organizations mentioned in the opinion.
19.59(5)(b)
(b) A county or municipal ethics board, county corporation counsel or attorney for a local governmental unit replying to a request for an advisory opinion may make the opinion public with the consent of the individual requesting the advisory opinion or the organization or governmental body on whose behalf it is requested and may make public a summary of an advisory opinion issued under this subsection after making sufficient alterations in the summary to prevent disclosing the identities of individuals involved in the opinion. A person who makes or purports to make public the substance of or any portion of an advisory opinion requested by or on behalf of the person waives the confidentiality of the request for an advisory opinion and of any records obtained or prepared by the county or municipal ethics board, the county corporation counsel or the attorney for the local governmental unit in connection with the request for an advisory opinion.
19.59(6)
(6) Any county corporation counsel, attorney for a local governmental unit or statewide association of local governmental units may request the board to issue an opinion concerning the interpretation of this section. The board shall review such a request and may advise the person making the request.
19.59(7)
(7) Any person who violates
sub. (1) may be required to forfeit not more than $1,000 for each violation.
19.59(8)(a)(a) Subsection (1) shall be enforced in the name and on behalf of the state by action of the district attorney of any county wherein a violation may occur, upon the verified complaint of any person.
19.59(8)(b)
(b) In addition and supplementary to the remedy provided in
sub. (7), the district attorney may commence an action, separately or in conjunction with an action brought to obtain the remedy provided in
sub. (7), to obtain such other legal or equitable relief, including but not limited to mandamus, injunction or declaratory judgment, as may be appropriate under the circumstances.
19.59(8)(c)
(c) If the district attorney fails to commence an action to enforce
sub. (1) within 20 days after receiving a verified complaint or 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) or
(b), or both.
19.59(8)(d)
(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 occurs. If the attorney general prevails in such an action, the court shall award any forfeiture recovered together with reasonable costs to the state.
PERSONAL INFORMATION PRACTICES
19.62
19.62
Definitions. In this subchapter:
19.62(3)
(3) "Matching program" means the computerized comparison of information in one records series to information in another records series for use by an authority or a federal agency to establish or verify an individual's eligibility for any right, privilege or benefit or to recoup payments or delinquent debts under programs of an authority or federal agency.
19.62(5)
(5) "Personally identifiable information" means information that can be associated with a particular individual through one or more identifiers or other information or circumstances.
19.62(7)
(7) "Records series" means records that are arranged under a manual or automated filing system, or are kept together as a unit, because they relate to a particular subject, result from the same activity or have a particular form.
19.62(8)
(8) "State authority" means an authority that is a state elected official, agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, rule or order; a state governmental or quasi-governmental corporation; a public purpose corporation, as defined in
s. 181.79 (1); the supreme court or court of appeals; the assembly or senate; or a nonprofit corporation operating the Olympic ice training center under
s. 42.11 (3).
19.65
19.65
Rules of conduct; employe training; and security. An authority shall do all of the following:
19.65(1)
(1) Develop rules of conduct for its employes who are involved in collecting, maintaining, using, providing access to, sharing or archiving personally identifiable information.
19.65(2)
(2) Ensure that the persons identified in
sub. (1) know their duties and responsibilities relating to protecting personal privacy, including applicable state and federal laws.
19.65 History
History: 1991 a. 39.
19.67
19.67
Data collection. 19.67(1)(1)
Collection from data subject or verification. An authority that maintains personally identifiable information that may result in an adverse determination about any individual's rights, benefits or privileges shall, to the greatest extent practicable, do at least one of the following:
19.67(1)(a)
(a) Collect the information directly from the individual.
19.67(1)(b)
(b) Verify the information, if collected from another person.
19.67 History
History: 1991 a. 39.
19.69
19.69
Computer matching. 19.69(1)(1)
Matching specification. A state authority may not use or allow the use of personally identifiable information maintained by the state authority in a match under a matching program, or provide personally identifiable information for use in a match under a matching program, unless the state authority has specified in writing all of the following for the matching program:
19.69(1)(a)
(a) The purpose and legal authority for the matching program.
19.69(1)(b)
(b) The justification for the program and the anticipated results, including an estimate of any savings.
19.69(1)(c)
(c) A description of the information that will be matched.
19.69(2)
(2) Copy to public records board. A state authority that prepares a written specification of a matching program under
sub. (1) shall provide to the public records board a copy of the specification and any subsequent revision of the specification within 30 days after the state authority prepares the specification or the revision.
19.69(3)(a)(a) Except as provided under
par. (b), a state authority may not take an adverse action against an individual as a result of information produced by a matching program until after the state authority has notified the individual, in writing, of the proposed action.
19.69(3)(b)
(b) A state authority may grant an exception to
par. (a) if it finds that the information in the records series is sufficiently reliable.
19.69 History
History: 1991 a. 39,
269;
1995 a. 27.
19.71
19.71
Sale of names or addresses. An authority may not sell or rent a record containing an individual's name or address of residence, unless specifically authorized by state law. The collection of fees under
s. 19.35 (3) is not a sale or rental under this section.
19.71 History
History: 1991 a. 39.
19.77
19.77
Summary of case law and attorney general opinions. Annually, the attorney general shall summarize case law and attorney general opinions relating to due process and other legal issues involving the collection, maintenance, use, provision of access to, sharing or archiving of personally identifiable information by authorities. The attorney general shall provide the summary, at no charge, to interested persons.
19.77 History
History: 1991 a. 39.
19.80(2)(2)
Employe discipline. Any person employed by an authority who violates this subchapter may be discharged or suspended without pay.
19.80(3)(a)(a) Any person who wilfully collects, discloses or maintains personally identifiable information in violation of federal or state law may be required to forfeit not more than $500 for each violation.
19.80(3)(b)
(b) Any person who wilfully requests or obtains personally identifiable information from an authority under false pretenses may be required to forfeit not more than $500 for each violation.
19.80 History
History: 1991 a. 39,
269.
OPEN MEETINGS OF GOVERNMENTAL BODIES
19.81
19.81
Declaration of policy. 19.81(1)
(1) In recognition of the fact that a representative government of the American type is dependent upon an informed electorate, it is declared to be the policy of this state that the public is entitled to the fullest and most complete information regarding the affairs of government as is compatible with the conduct of governmental business.
19.81(2)
(2) To implement and ensure the public policy herein expressed, all meetings of all state and local governmental bodies shall be publicly held in places reasonably accessible to members of the public and shall be open to all citizens at all times unless otherwise expressly provided by law.
19.81(3)
(3) In conformance with
article IV, section 10, of the constitution, which states that the doors of each house shall remain open, except when the public welfare requires secrecy, it is declared to be the intent of the legislature to comply to the fullest extent with this subchapter.
19.81(4)
(4) This subchapter shall be liberally construed to achieve the purposes set forth in this section, and the rule that penal statutes must be strictly construed shall be limited to the enforcement of forfeitures and shall not otherwise apply to actions brought under this subchapter or to interpretations thereof.
19.81 History
History: 1975 c. 426;
1983 a. 192.
19.81 Annotation
Subsequent to the presentation of evidence by the taxpayer, board of review consideration of testimony by the village assessor at an executive session was contrary to the open meeting law, 66.77, since although it was permissible for the board to convene a closed session for the purpose of deliberating after a quasi-judicial hearing, the proceedings did not constitute mere deliberations but were a continuation of the quasi-judicial hearing without the presence of or notice to the objecting taxpayer. Dolphin v. Board of Review, 70 W (2d) 403, 234 NW (2d) 277.
19.81 Annotation
Under unique facts presented in which City of Milwaukee and private non-profit festival organization incorporated Open Meetings Law into contract, court construes contract to allow public enforcement of contractual provisions concerning open meetings. Journal/Sentinel, Inc. v. Pleva, 155 W (2d) 704, 456 NW (2d) 359 (1990).
19.81 Annotation
Sub. (2) requires that a meeting be held in a facility which gives reasonable public access, not total access; no person may be systematically excluded or arbitrarily refused admittance. State ex rel. Badke v. Greendale Village Bd. 173 W (2d) 553, 494 NW (2d) 408 (1993).
19.81 Annotation
A regular open meeting, held subsequent to a closed meeting on another subject, does not constitute a reconvened open meeting where there was no prior open meeting on that day. 58 Atty. Gen. 41.
19.81 Annotation
Consideration of a resolution is formal action of an administrative or minor governing body and when taken in proper closed session, the resolution and result of vote must be made available for public inspection, pursuant to 19.21, absent specific showing that the public interest would be adversely affected. 60 Atty. Gen. 9.
19.81 Annotation
Joint apprenticeship committees, appointed pursuant to 4 Wis. Adm. Code, sec. Ind 85.02, are governmental bodies within the meaning of 66.77 (2) (c) and subject to the requirements of the open meeting law. 63 Atty. Gen. 363.
19.81 Annotation
Voting procedures employed by workmen's compensation and unemployment advisory councils which utilize adjournment of public meeting for purposes of having members representing employers and members representing employes or workers to separately meet in closed caucuses and to vote as a block on reconvening are contrary to 66.77 and 15.09 (4), (5). 63 Atty. Gen. 414.
19.81 Annotation
Governmental body can call closed sessions for proper purpose without giving notice to members of news media who have filed written request under 66.77 (2) (e). 63 Atty. Gen. 470.
19.81 Annotation
Meaning of communication in 66.77 (2) (e) discussed with reference to giving the public and news media members adequate notice. 63 Atty. Gen. 509.
19.81 Annotation
Posting in Governor's office of agenda of future investment board meetings is not sufficient communication under 66.77 (2) (e) to the public or the news media who have filed a written request for notice. 63 Atty. Gen. 549.
19.81 Annotation
Under 66.77 (6), a county board may not utilize unidentified paper ballot in voting to appoint county highway commissioner, but may vote by ayes and nays or show of hands at open session if some member does not require vote to be taken in such manner that the vote of each member may be ascertained and recorded. 63 Atty. Gen. 569.
19.81 Annotation
See note to 19.21, citing 63 Atty. Gen. 573.
