946.13(10)
(10) Subsection (1) (a) does not apply to a member of a local workforce development board established under
29 USC 2832 or to a member of the council on workforce investment established under
29 USC 2821.
946.13(11)
(11) Subsection (1) does not apply to an individual who receives compensation for services as a public officer or public employee of less than $10,000 annually, exclusive of advances or reimbursements for expenses, merely because that individual is a partner, shareholder or employee of a law firm that serves as legal counsel to the public body that the officer or employee serves, unless one of the following applies:
946.13(11)(a)
(a) The individual has an interest in that law firm greater than 2% of its net profit or loss.
946.13(11)(b)
(b) The individual participates in making a contract between that public body and that law firm or exercises any official discretion with respect to a contract between them.
946.13(11)(c)
(c) The individual's compensation from the law firm directly depends on the individual's procurement of business with public bodies.
946.13(12)(a)(a) In this subsection, "research company" means an entity engaged in commercial activity that is related to research conducted by an employee or officer of the University of Wisconsin System or to a product of such research.
946.13(12)(b)
(b) Subsection (1) does not apply to a contract between a research company and the University of Wisconsin System or any institution or college campus within the system for purchase of goods or services, including research, if the following apply:
946.13(12)(b)1.
1. The contract is approved by a University of Wisconsin System employee or officer responsible for evaluating and managing potential conflicts of interest.
946.13(12)(b)2.a.
a. The contract together with all other contracts between the same parties require less than $250,000 in payments over a 24-month period.
946.13(12)(b)2.b.
b. The University of Wisconsin System submits the contract to the University of Wisconsin Board of Regents and, within 45 days, the University of Wisconsin Board of Regents does not notify the University of Wisconsin System that entering the contract would constitute a violation of
sub. (1).
946.13(12)(c)
(c) Paragraphs (a) and
(b) apply regardless of the date on which a contract was entered into.
946.13 History
History: 1971 c. 40 s.
93;
1973 c. 12 s.
37;
1973 c. 50,
265;
1977 c. 166,
173;
1983 a. 282;
1987 a. 344,
378,
399;
1989 a. 31,
232;
1993 a. 486;
1995 a. 27,
225,
227,
435;
1997 a. 35,
248;
1999 a. 9,
85;
1999 a. 150 s.
672;
2001 a. 109;
2005 a. 417;
2009 a. 28.
946.13 Annotation
A county board member did not violate sub. (1) by accepting a job as airport manager while he was serving as a county board member for a county that was co-owner of the airport when he was appointed pursuant to advice and approval of the county corporation counsel. State v. Davis,
63 Wis. 2d 75,
216 N.W.2d 31 (1974).
946.13 Annotation
Sub. (1) (b) is a strict liability offense. It does not include the element of corrupt motive. State v. Stoehr,
134 Wis. 2d 66,
396 N.W.2d 177 (1986).
946.13 Annotation
The defendant could not have had a pecuniary interest in, or have negotiated in his private capacity for, a position that had not yet been posted. State v. Venema, 2002 WI App 202, 257 Wis. 2d. 491,
650 N.W.2d 898,
01-2502.
946.13 Annotation
This section provides, as separate elements of the crime, the requirement that the conduct be inconsistent with the duties of one's office and the requirement that the conduct be done with intent to obtain a dishonest advantage. Although both elements may be proved through the same transaction, there must nevertheless be proof as to both elements. The state is required to prove beyond a reasonable doubt that the defendant exercised his or her discretionary power with the purpose to obtain a dishonest advantage. Guilt of misconduct in office does not require the defendant to have acted corruptly. State v. Jensen, 2007 WI App 256,
06-2095. See also State v. Schultz, 2007 WI App 257,
306 Wis. 2d 598,
743 N.W.2d 823,
06-2121.
946.13 Annotation
A county board member employed by an engineering and survey firm may have a possible conflict of interest in public contracts. 60 Atty. Gen. 98.
946.13 Annotation
A member of the Wisconsin board of vocational, technical and adult education [now Technical college] may not bid on and contract for the construction of a building project for a vocational-technical district that would entail expenditures exceeding $2,000 in any year, when availability of federal funds for use on such project is subject to his approval as a member of the board. 60 Atty. Gen. 310.
946.13 Annotation
Discussion of conflicts arising from election of a school principal to the office of alderperson. 60 Atty. Gen. 367.
946.13 Annotation
Appointment of counsel for indigents involves a public contract. 62 Atty. Gen. 118.
946.13 Annotation
A county supervisor who is a pharmacist probably does not violate this section in furnishing prescription services to medicaid patients when the state is solely liable for payment. 64 Atty. Gen. 108.
946.13 Annotation
The marital property law does not change the applicability of this section to a member of a governmental body when that body employs the member's spouse.
76 Atty. Gen. 15.
946.13 Annotation
This section applies to county board or department purchases aggregating more than $5,000 from a county supervisor-owned business.
76 Atty. Gen. 178.
946.13 Annotation
When the village board administers a community development block grant program, a member of the village board would violate this section if he or she obtained a loan in excess of $5,000 under the program. Acting as a private contractor, the board member would violate sub. (1) if he contracted to perform the construction work for a 3rd person who obtained a loan under the program.
76 Atty. Gen. 278.
946.13 Annotation
Sub. (1) (a) may be violated by members of the Private Industry Councils when private or public entities of which they are executives, directors or board members receive benefits under the Job Training Partnership Act.
77 Atty. Gen. 306.
946.14
946.14
Purchasing claims at less than full value. Any public officer or public employee who in a private capacity directly or indirectly intentionally purchases for less than full value or discounts any claim held by another against the state or a political subdivision thereof or against any public fund is guilty of a Class I felony.
946.14 History
History: 1977 c. 173;
2001 a. 109.
946.15
946.15
Public and publicly funded construction contracts at less than full rate. 946.15(1)
(1) Any employer, or any agent or employee of an employer, who induces any person who seeks to be or is employed pursuant to a public contract as defined in
s. 66.0901 (1) (c) or who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under
s. 66.0903 (3),
66.0904 (4),
103.49 (3),
103.50 (3), or
229.8275 (3) or by a local governmental unit, as defined in
s. 66.0903 (1) (d), under
s. 66.0903 (6) or
66.0904 (6) to give up, waive, or return any part of the compensation to which that person is entitled under his or her contract of employment or under the prevailing wage rate determination issued by the department or local governmental unit, or who reduces the hourly basic rate of pay normally paid to an employee for work on a project on which a prevailing wage rate determination has not been issued under
s. 66.0903 (3) or
(6),
66.0904 (4) or
(6),
103.49 (3),
103.50 (3), or
229.8275 (3) during a week in which the employee works both on a project on which a prevailing wage rate determination has been issued and on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class I felony.
946.15(2)
(2) Any person employed pursuant to a public contract as defined in
s. 66.0901 (1) (c) or employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under
s. 66.0903 (3),
66.0904 (4),
103.49 (3),
103.50 (3), or
229.8275 (3) or by a local governmental unit, as defined in
s. 66.0903 (1) (d), under
s. 66.0903 (6) or
66.0904 (6) who gives up, waives, or returns to the employer or agent of the employer any part of the compensation to which the employee is entitled under his or her contract of employment or under the prevailing wage determination issued by the department or local governmental unit, or who gives up any part of the compensation to which he or she is normally entitled for work on a project on which a prevailing wage rate determination has not been issued under
s. 66.0903 (3) or
(6),
66.0904 (4) or
(6),
103.49 (3),
103.50 (3), or
229.8275 (3) during a week in which the person works part-time on a project on which a prevailing wage rate determination has been issued and part-time on a project on which a prevailing wage rate determination has not been issued, is guilty of a Class C misdemeanor.
946.15(3)
(3) Any employer or labor organization, or any agent or employee of an employer or labor organization, who induces any person who seeks to be or is employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under
s. 66.0903 (3),
66.0904 (4),
103.49 (3),
103.50 (3), or
229.8275 (3) or by a local governmental unit, as defined in
s. 66.0903 (1) (d), under
s. 66.0903 (6) or
66.0904 (6) to permit any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from the person's pay is guilty of a Class I felony, unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is subject to
40 USC 3142.
946.15(4)
(4) Any person employed on a project on which a prevailing wage rate determination has been issued by the department of workforce development under
s. 66.0903 (3),
66.0904 (4),
103.49 (3),
103.50 (3), or
229.8275 (3) or by a local governmental unit, as defined in
s. 66.0903 (1) (d), under
s. 66.0903 (6) or
66.0904 (6) who permits any part of the wages to which that person is entitled under the prevailing wage rate determination issued by the department or local governmental unit to be deducted from his or her pay is guilty of a Class C misdemeanor, unless the deduction would be permitted under
29 CFR 3.5 or
3.6 from a person who is working on a project that is subject to 40 [USC] 3142.
946.15 Note
NOTE: The word in brackets was deleted by
2009 Wis. Act 28 without being shown as stricken. No change was intended. Corrective legislation is pending.
946.16
946.16
Judicial officer collecting claims. Any judicial officer who causes to be brought in a court over which the officer presides any action or proceeding upon a claim placed with the officer as agent or attorney for collection is guilty of a Class B misdemeanor.
946.16 History
History: 1977 c. 173.
946.17
946.17
Corrupt means to influence legislation; disclosure of interest. Any person who gives or agrees or offers to give anything of value to any person, for the service of such person or of any other person in procuring the passage or defeat of any measure before the legislature or before either house or any committee thereof, upon the contingency or condition of the passage or defeat of the measure, or who receives, or agrees to receive anything of value for such service, upon any such contingency or condition, or who, having a pecuniary or other interest, or acting as the agent or attorney of any person in procuring or attempting to procure the passage or defeat of any measure before the legislature or before either house or any committee thereof, attempts in any manner to influence any member of the legislature for or against the measure, without first making known to the member the real and true interest he or she has in the measure, either personally or as such agent or attorney, is guilty of a class A misdemeanor.
946.17 History
History: 1977 c. 278 s.
1; Stats. 1977 s. 946.17;
1993 a. 213.
946.18
946.18
Misconduct sections apply to all public officers. Sections 946.10 to
946.17 apply to public officers, whether legally constituted or exercising powers as if legally constituted.
946.18 History
History: 1977 c. 278;
1979 c. 110.
PERJURY AND FALSE SWEARING
946.31(1)(1) Whoever under oath or affirmation orally makes a false material statement which the person does not believe to be true, in any matter, cause, action or proceeding, before any of the following, whether legally constituted or exercising powers as if legally constituted, is guilty of a Class H felony:
946.31(1)(d)
(d) An administrative agency or arbitrator authorized by statute to determine issues of fact;
946.31(1)(e)
(e) A notary public while taking testimony for use in an action or proceeding pending in court;
946.31(1)(f)
(f) An officer authorized to conduct inquests of the dead;
946.31(2)
(2) It is not a defense to a prosecution under this section that the perjured testimony was corrected or retracted.
946.31 Annotation
An arbitrator selected from a list provided by WERC is authorized by s. 111.10 to arbitrate as provided in ch. 298 [now ch. 788] and so is "authorized by statute" within meaning of s. 946.31 (1) (d). Layton School of Art & Design v. WERC,
82 Wis. 2d 324,
262 N.W.2d 218 (1978).
946.31 Annotation
Perjury consists of a false statement that the defendant knew was false, was made under oath in a proceeding before a judge, and was material to the proceeding. Materiality is determined by whether the trial court could have relied on the testimony in making a decision, not on whether it actually did. State v. Munz,
198 Wis. 2d 379,
541 N.W.2d 821 (Ct. App. 1995),
95-0635.
946.31 Annotation
A defendant may be charged with multiple counts of perjury based on testimony given in the same proceeding when each charge requires proof of an additional fact that the others do not. State v. Warren,
229 Wis. 2d 172,
599 N.W.2d 431 (Ct. App. 1999),
99-0129.
946.31 Annotation
Issue preclusion does not bar the prosecution of a defendant for perjury who was tried and acquitted on a single issue when newly discovered evidence suggests that the defendant falsely testified on the issue. The state must show that: 1) the evidence came to the state's attention after trial; 2) the state was not negligent in failing to discover the evidence; 3) the evidence is material to the issue; and 4) the evidence is not merely cumulative. State v. Canon, 2001 WI 11,
241 Wis. 2d 164,
622 N.W.2d 270,
98-3519.
946.31 Annotation
Perjury prosecutions after acquittals. Shellenberger. 71 MLR 703 (1988).
946.32(1)(1) Whoever does either of the following is guilty of a Class H felony:
946.32(1)(a)
(a) Under oath or affirmation or upon signing a statement pursuant to
s. 887.015 makes or subscribes a false statement which he or she does not believe is true, when such oath, affirmation, or statement is authorized or required by law or is required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action.
946.32(1)(b)
(b) Makes or subscribes 2 inconsistent statements under oath or affirmation or upon signing a statement pursuant to
s. 887.015 in regard to any matter respecting which an oath, affirmation, or statement is, in each case, authorized or required by law or required by any public officer or governmental agency as a prerequisite to such officer or agency taking some official action, under circumstances which demonstrate that the witness or subscriber knew at least one of the statements to be false when made. The period of limitations within which prosecution may be commenced runs from the time of the first statement.
946.32(2)
(2) Whoever under oath or affirmation or upon signing a statement pursuant to
s. 887.015 makes or subscribes a false statement which the person does not believe is true is guilty of a Class A misdemeanor.
946.32 Annotation
This section applies to oral statements. The mere fact that a statement is permitted by law does not mean it is "authorized by law" within meaning of sub. (1) (a). State v. Devitt,
82 Wis. 2d 262,
262 N.W.2d 73 (1978).
946.32 Annotation
The reference to the statute of limitations in sub. (1) (b) does not make it an element of the offense. The statute of limitations is an affirmative defense and is subject to tolling under s. 939.74. State v. Slaughter,
200 Wis. 2d 190,
546 N.W.2d 490 (Ct. App. 1996),
95-0141.
946.32 Annotation
What is to be "authorized or required" under sub. (1) (b) is the oath itself, not the matter respecting which the oath is taken. State v. Slaughter,
200 Wis. 2d 190,
546 N.W.2d 490 (Ct. App. 1996),
95-0141.
INTERFERENCE WITH LAW ENFORCEMENT
946.40
946.40
Refusing to aid officer. 946.40(1)
(1) Whoever, without reasonable excuse, refuses or fails, upon command, to aid any person known by the person to be a peace officer is guilty of a Class C misdemeanor.
946.40(2)
(2) This section does not apply if under the circumstances the officer was not authorized to command such assistance.
946.40 History
History: 1977 c. 173.
946.40 Annotation
Under s. 343.305, hospital personnel must administer a blood alcohol test and report the results at the request of an officer, subject to the penalty under 946.40. 68 Atty. Gen. 209.
946.40 Annotation
In certain circumstances a peace officer may command medical staff at a hospital or clinic to gather evidence from a sexual assault victim.
72 Atty. Gen. 107.
946.41
946.41
Resisting or obstructing officer. 946.41(1)
(1) Except as provided in
subs. (2m) and
(2r), whoever knowingly resists or obstructs an officer while such officer is doing any act in an official capacity and with lawful authority is guilty of a Class A misdemeanor.
946.41(2)(a)
(a) "Obstructs" includes without limitation knowingly giving false information to the officer or knowingly placing physical evidence with intent to mislead the officer in the performance of his or her duty including the service of any summons or civil process.
946.41(2)(b)
(b) "Officer" means a peace officer or other public officer or public employee having the authority by virtue of the officer's or employee's office or employment to take another into custody.
946.41(2m)
(2m) Whoever violates
sub. (1) under all of the following circumstances is guilty of a Class H felony:
946.41(2m)(a)
(a) The violator gives false information or places physical evidence with intent to mislead an officer.
946.41(2m)(b)
(b) At a criminal trial, the trier of fact considers the false information or physical evidence.
946.41(2m)(c)
(c) The trial results in the conviction of an innocent person.
946.41(2r)
(2r) Whoever violates
sub. (1) and causes substantial bodily harm to an officer is guilty of a Class H felony.
946.41(3)
(3) Whoever by violating this section hinders, delays or prevents an officer from properly serving or executing any summons or civil process, is civilly liable to the person injured for any actual loss caused thereby and to the officer or the officer's superior for any damages adjudged against either of them by reason thereof.
