ETHICS

Wisconsin legislators, as well as other state public officials, are subject to the Ethics Code set forth in subch. III of ch. 19, Stats. The Ethics Commission administers and enforces the Ethics Code. [s. 19.49, Stats.] The standards of conduct under the Code are stated in the form of general principles, rather than as specific, detailed regulations. Consequently, predicting the possible application of the Ethics Code in a specific situation requires consideration of all relevant facts.

The Ethics Code contains:

• Statements of economic interests.
• Standards of conduct.
• Conflicts of interest.
• Enforcement procedures and penalties for violations.

The Ethics Code’s prohibitions may be difficult to apply on a case-by-case basis. One way legislators can ensure compliance is to be sensitive to those situations that might invoke the application of the Code.

Another resource for ethics information is the Center for Ethics in Government, National Conference of State Legislatures.

LOBBYING LAW

Wisconsin legislators are directly and indirectly affected by the lobbying law, which is set forth in subch. III of ch. 13, Stats. The Ethics Commission is responsible for administering the state lobbying law. [s. 19.49, Stats.]

Legislators are directly affected by the prohibited practices section of the law, which prohibits a legislator from soliciting or accepting anything of pecuniary value from a lobbyist or the person employing the lobbyist (the principal). [s. 13.625, Stats.]

Legislators are indirectly affected by the regulatory features of the law (registration, licensing, and reporting) because constituents may be subject to these requirements if they attempt to influence the legislative process.

What questions should I keep in mind when evaluating how the Ethics Code might apply to a specific action?

• Am I, my immediate family, or an organization with which I am associated receiving anything of value for private benefit because I hold the office of legislator?
• Am I using the influence of my position as legislator to solicit something for the private benefit of me, my immediate family, or an organization with which I am associated?
• Am I taking official action in exchange for political contributions or anything else of value for the benefit of a candidate, political party, any committee registered under state campaign finance law, or any person making certain candidate-related communications?
• Am I, my immediate family, or an organization with which I am associated receiving from a nonrelative anything of value for which we have not paid?
• Will an official action on my part possibly result in private benefit to me, my immediate family, or an organization with which I am associated?
• Will the use of my staff or state facilities benefit me in my private capacity?
• Am I using the state’s time, resources, or facilities in my campaign for elective office?

Who can answer questions concerning application of the Ethics Code?

The Ethics Commission resources page includes guidelines and checklists for various ethics issues.

If questions concerning the application of the Ethics Code relate to an event for which there is a sponsor, the sponsor should be asked whether the event, and participation by legislators, has been cleared with the Ethics Commission. If there is no sponsor or if the sponsor has not cleared the event with the commission, the commission itself should be consulted directly.

What is the relationship between the Ethics Code and lobbying law?

The lobbying law is generally concerned with who is involved in an activity (i.e., a lobbyist or a lobbyist’s employer), while the Ethics Code is concerned with what is done and with the underlying purpose or result of particular conduct. If receipt and retention of expense reimbursement for the presentation of a talk or participation in a meeting related to state government issues is permitted under the Ethics Code, it is also permitted under the lobbying law, regardless of whether it is reimbursed by a lobbyist or an employer of a lobbyist. However, receipt of any other thing of value, including an honorarium, from a lobbyist or the lobbyist’s employer, is generally a violation of the lobbying law. [s. 13.625, Stats.]

If a lobbyist or employer of a lobbyist is involved in an action or activity, both the lobbying law and Ethics Code should be consulted. If a lobbyist or employer of a lobbyist is not involved, the lobbying law need not be consulted.