Section 24.04. Standards of conduct.

  This chapter shall not prevent an employee from accepting outside employment or following a pursuit which in no way interferes or conflicts with the full and faithful discharge of his or her duties to this state, subject to the following:

(1)  A conflict of interest on the part of a state employee exists whenever:

(a) The employee's action or failure to act propitiously could reasonably be expected to directly or indirectly produce or assist in producing a private benefit for the employee or the employee's immediate family or an organization with which the employee is associated; or

(b) The matter is one in which the employee in his or her private capacity or a member of the employee's immediate family or an organization with which the employee is associated, as defined in s. ER-MRS 24.03 (3) , has a substantial interest.

(2)  The state must, by necessity, specifically prohibit those activities that will cause a conflict of interest to the employee or to the state of Wisconsin. Therefore:

(a) No employee may use or attempt to use his or her public position or state property, including property leased by this state, or use the prestige or influence of a state position to influence or gain financial or other benefits, advantages or privileges for the private benefit of the employee, the employee's immediate family or an organization with which the employee is associated.

1. Any salary or other compensation received by the employee from this state for his or her services does not constitute "financial gain" as the term is used in this rule.

2. Use of state telephones for essential personal local calls does not constitute "benefit" as the term is used in this rule.

(b) No employee may solicit or accept from any person or organization, directly or indirectly, money or anything of value if it could reasonably be expected to influence such employee's official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on the part of such employee.

1. No employee who is assigned or acts as an official representative of the state in the presentation of papers, talks, demonstrations or making appearances shall solicit or accept fees, honoraria or reimbursement of expenses for personal gain. Any fees, honoraria, or reimbursement of expenses which may be offered in connection therewith shall be paid to the employee's employing agency.

2. Acceptance of fees and honoraria paid for papers, talks, demonstrations or appearances made by an employee on the employee's own time and not directly part of the employee's official duties, shall not be a violation of this rule. Employees shall notify their appointing authority prior to accepting fees and honoraria for papers, talks, demonstrations, or appearances to insure no conflict of interest exists.

3. When an employee is offered an unsolicited award or reward for an exceptional accomplishment or outstanding performance other than that specified in par. (a) 1. , the director shall determine whether or not it may be accepted by the employee after considering whether acceptance of the award or reward would conflict with the purposes of this chapter. Employees shall notify their appointing authority prior to accepting unsolicited awards or rewards, who in turn shall request that the director make a determination regarding acceptance or refusal of the award or reward.

(c) No employee may intentionally use or disclose information gained in the course of or by reason of the employee's 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 or organization, if the information has not been communicated to the public or is not public information. However, no reprisal may be taken against an employee for the lawful disclosure of information which the employee reasonably believes evidences:

1. A violation of any law, rule, or regulation, or

2. Mismanagement, a gross waste of funds, an abuse of authority, enforcement of unreasonable agency work rules, or a substantial and specific danger to public health or safety.

(d) No employee, member of an employee's immediate family, nor any organization with which the employee or a member of the employee'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 payment or payments of more than $3,000 within a 12-month period, in whole or in part derived from state funds unless the employee has first made written disclosure of the nature and extent of such relationship or interest to the appointing authority of the agency with which the employee is associated and obtained the appointing authority's written approval. The appointing authority shall approve an employee's interest in a lease or contract unless he or she determines that the employee's personal interest in the agreement will conflict substantially and materially with the employee's discharge of his or her public responsibilities. This paragraph does not effect the application of s. 946.13 , Stats.

(e) An employee may recommend or decide to hire or promote another person for a permanent, seasonal or sessional position when the person affected is a member of the employee's immediate family, if that person has been certified from an open or competitive promotional register. No employee may recommend or make a limited term or project appointment when the person to be hired is a member of the employee's immediate family.

(f) No employee shall give preferential or favored treatment in the supervision or management of another employee who is a member of his or her immediate family.

(3)  The director may waive this section whenever its literal application would be adverse to the state's best interest or would work an unreasonable hardship on the employee. If this section is waived, the director shall do so by setting forth in writing as a matter of public record an explanation of his or her finding that the waiver is in the state's interest.

(4)  Nothing in this section prohibits an employee from making decisions concerning salaries, salary-related benefits or reimbursement of actual and necessary expenses when the action does not result in preferential or favored treatment of a member of the employee's immediate family.

History: Cr. Register, March, 1974, No. 219 , eff. 4-1-74; renum. from 24.03, Register, December, 1976, No. 252 , eff. 1-1-77; (intro.) renum. from Pers 24.03 (1) and am., r. and recr. (1), renum. (2) and (3) to be (2) (b) 1. and 2. and am., (2) (c) renum. from Pers 24.05 and am., cr. (2) (d) to (f), (3) and (4), Register, February, 1981, No. 302 , eff. 3-1-81; reprinted to correct error in (2) (d), Register, April, 1982, No. 316 ; am. (intro.), (2) (b) 2. and (e), cr. (2) (b) 3., Register, May, 1988, No. 389 , eff. 6-1-88; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466 ; correction in (2) (b) 3., (3) made under s. 13.92 (4) (b) 6., Stats., Register September 2015 No. 717 .