Chapter 13 - Government Ethics
CHAPTER 13 - GOVERNMENT ETHICS ARTICLE 1 PUBLIC OFFICIALS,MEMBERS AND EMPLOYEES ETHICS
9-13-101. Short title.
This article shall be known and may becited as the Ethics and Disclosure Act.
9-13-102. Definitions.
(a) As used in this article:
(i) "Anything of value" means:
(A) A pecuniary item, including money or a bank bill or note;
(B) A promissory note, bill of exchange, order, draft, warrant,check or bond given for the payment of money;
(C) A contract, agreement, promise or other obligation for anadvance, conveyance, forgiveness of indebtedness, deposit, distribution, loan,payment, gift, pledge or transfer of money;
(D) A stock, bond, note or other investment interest in anentity;
(E) A right in action;
(F) A gift, tangible good, chattel or an interest in a gift,tangible good or chattel;
(G) A work of art, antique or collectible;
(H) An automobile or other means of personal transportation;
(J) Real property or an interest in real property, includingtitle to realty, a fee simple or partial interest, present or future,contingent or vested within realty, a leasehold interest or other beneficialinterest in realty;
(K) An honorarium or compensation for services arising out ofthe person's service as a public official, public member or public employee;
(M) The sale or trade of anything of value:
(I) For reasonable consideration that would ordinarily not beavailable to a member of the public; or
(II) With a rebate or at a discount in its price, unless therebate or discount is made in the ordinary course of business to a member ofthe public, or any group or category thereof, but without regard to thatperson's status as a public official, public member or public employee.
(N) A promise or offer of employment;
(O) Any other thing of value that is pecuniary or compensatoryin value to a person.
(ii) "Anything of value" does not mean a campaigncontribution properly received and reported, if reportable, as required underthe Wyoming Election Code;
(iii) "Compensation" includes:
(A) An advance, conveyance, forgiveness of indebtedness,deposit, distribution, loan, payment, gift, pledge or transfer of money oranything of value; or
(B) A contract, agreement, promise or other obligation for anadvance, conveyance, forgiveness of indebtedness, deposit, distribution, loan,payment, gift, pledge or transfer of money or anything of value, for servicesrendered or to be rendered.
(iv) "Compensation" does not include:
(A) Reimbursement of expenses if the reimbursement does notexceed the amount actually expended for the expenses, and if the reimbursementis substantiated by an itemization of expenses; or
(B) Per diem payments or mileage allowances paid by theemploying government entity in accordance with applicable law.
(v) "Family member" means an individual:
(A) Who is the spouse, parent, sibling, child, grandparent orgrandchild; or
(B) Is a member of the individual's household.
(vi) "Gift" means anything of value to the extent thatconsideration of equal or greater value is not received, but excludes thefollowing:
(A) Printed informational, educational or promotional material;
(B) A gift that:
(I) Is not used; and
(II) No later than thirty (30) days after receipt, is returnedto the donor or delivered to a charitable organization and is not claimed as acharitable contribution for federal income tax purposes.
(C) A gift, devise or inheritance from any of the following, ifthe donor is not acting as the agent or intermediary for someone other than aperson covered by this subparagraph:
(I) An individual's spouse;
(II) An individual's child, parent, grandparent, brother,sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt,uncle or first cousin;
(III) The spouse of any individual listed in subdivision (II) ofthis subparagraph;
(IV) Any person, including an organization, which has a bonafide social or private business relationship with the individual, where thecircumstances demonstrate that the motivation for the gift arises out of thatrelationship and not from the recipient's holding of public office oremployment. For the purposes of this subdivision, relevant circumstancesinclude but are not limited to the source of funds used by the donor to acquirethe gift;
(V) Any person, including an organization, where the gift doesresult from the person's holding an office or position, but where the gift isof nominal value, is made voluntarily by the donor and is made in recognitionof a special occasion, such as marriage, illness or retirement.
(D) A certificate, commemorative token or item, or plaque witha value that does not exceed two hundred fifty dollars ($250.00);
(E) Food and beverage;
(F) Compensation, per diem or other payments or benefits whichthe public official, public member or public employee receives in theperformance of services for the governmental entity;
(G) Repealed By Laws 1999, ch. 140, 2.
(H) Any loan, gift, gratuity, special discount or hospitalitywith a value of two hundred fifty dollars ($250.00) or less; or
(J) Travel, registration and lodging for any conference ormeeting while attending in his official capacity as a public official, publicmember or public employee.
(vii) "Local office" means the offices of countycommissioner, county treasurer, county assessor, county clerk, county sheriff,county coroner, district attorney, county attorney, mayor and member of thecouncil of a municipality, member of the board of trustees of a communitycollege district or a school district and member of a joint powers board orspecial district. As used in this paragraph "special district" meansany special district specified under W.S. 22-29-103(a) and any other corporatedistrict authorized to be formed as a political subdivision under the laws ofthis state;
(viii) "Negotiating" or "negotiate foremployment" means a communication, directly or indirectly, with aprospective employer to discuss rendering services for compensation to thatprospective employer;
(ix) "Negotiation for employment" means the periodthat begins with a communication to a prospective employer to discuss renderingservices for compensation to the prospective employer;
(x) "Official responsibility or official capacity"means the direct administrative or operating authority, whether intermediate orfinal, and either exercisable alone or with others, and either personally orthrough subordinates, to approve, disapprove, or otherwise direct governmentaction;
(xi) "Participation" includes decision, approval,disapproval or vote;
(xii) "Public employee" means any of the followingstate employees:
(A) The attorney general and the director of any department ofthe executive branch appointed by the governor under W.S. 9-2-1706, or thedirector of any legislative agency;
(B) The chief executive officer of any separate operatingagency under W.S. 9-2-1704(d), except those listed in paragraphs (d)(vi) and(x) of that section;
(C) To the extent the incumbent in the position serves at thepleasure of persons listed in subparagraphs (A) and (B) of this section,administrators of department or agency divisions, and deputy directors ofdepartments;
(D) Commissioners of the public service commission and membersof the state board of equalization;
(E) Deputies and administrators of divisions within the officesof state elected officials under W.S. 9-2-1704(a). The positions, in thegovernor's office, of chief of staff, attorney for intergovernmental affairsand chief of policy are included within this subparagraph.
(xiii) "Public member" means a member appointed to apart-time position on a state board, commission or council. A public memberdoes not lose this status by receiving reimbursement of expenses or a per diempayment for services. The term includes a member of the board of trustees ofthe University of Wyoming and the community college commission. The term doesnot include a public member of an advisory board, advisory commission oradvisory council;
(xiv) "Public official" means an individual elected toa state or local office, or an individual who is appointed to fill a vacancy ina state or local office, whether or not the individual has yet assumed theoffice;
(xv) "State entity" means a state agency, office,department, division, bureau, board, commission or council, including thelegislature, Wyoming community development authority and Wyoming science,technology and energy authority. The term does not include a court or anagency in the judicial branch;
(xvi) "State office" means the state offices ofgovernor, treasurer, superintendent of public instruction, auditor, secretaryof state and member of the state legislature;
(xvii) "This act" means W.S. 9-13-101 through 9-13-109.
9-13-103. Use of title and prestige of public office.
(a) No public official, public member or public employee shalluse his office or position for his private benefit.
(b) As used in this section, "private benefit" meansthe receipt by the public official, public member or public employee of a giftwhich resulted from his holding that office.
9-13-104. Nepotism.
(a) No public official, public member or public employee shalladvocate or cause the employment, appointment, promotion, transfer oradvancement of a family member to an office or position of the state, a county,municipality or a school district. A public official, public member or publicemployee shall not supervise or manage a family member who is in an office orposition of the state, a county, municipality or school district.
(b) A public official, public member or public employee, actingin his official capacity, shall not participate in his official responsibilityor capacity regarding a matter relating to the employment or discipline of afamily member.
9-13-105. Misuse of office.
(a) A public official, public member or public employee shallnot use public funds, time, personnel, facilities or equipment for his privatebenefit or that of another unless the use is authorized by law.
(b) A public official, public member or public employee shallnot use public funds, time, personnel, facilities or equipment for political orcampaign activity unless the use is:
(i) Authorized by law; or
(ii) Properly incidental to another activity required orauthorized by law and the public official, public employee or public memberallocates and reimburses the governmental entity for any additional costsincurred for that portion of the activity not required or authorized by law.
(c) A public official, public employee or public member shall notdisseminate to another person official information which the public official,public employee or public member obtains through or in connection with hisposition, unless the information is available to the general public or unlessthe dissemination is authorized by law.
9-13-106. Official decisions and votes.
(a) A public official, public member or public employee shallnot make an official decision or vote on an official decision if the publicofficial, public member or public employee has a personal or private interestin the matter. In determining whether he has a personal or private interest ina matter the public official shall recognize the importance of his right torepresent his constituency and shall abstain from voting only in clear cases ofa personal or private interest as defined in this subsection. A public officialor public member shall not vote to give money or any direct financial benefitto himself except for tax reductions affecting the general public. For thepurposes of this section, a personal or private interest:
(i) Is, with respect to the public official, public employee orpublic member, an interest which is direct and immediate as opposed tospeculative and remote; and
(ii) Is an interest that provides the public official, publicemployee or public member, a greater benefit or a lesser detriment than it doesfor a large or substantial group or class of persons who are similarlysituated.
(b) A public official, public member or public employeedescribed by subsection (a) of this section shall abstain from voting on thedecision and from making any official decision in the matter. The publicofficial's, public member's or public employee's abstention from voting must berecorded in the governmental entity's official records.
(c) This section shall not be construed to supersede W.S.15-9-220, 16-6-118 or 16-9-203(f). Those provisions shall control to theextent inconsistent with this section.
9-13-107. Actions taken while negotiating for employment.
A public official, public member or publicemployee may not vote or take an official action in a matter affecting a personwith whom the public official, public member or public employee is negotiatingfor prospective employment.
9-13-108. Disclosure required.
(a) Not later than January 31 annually, each of the state'sfive (5) elected officials and each member of the Wyoming legislature shallfile a financial disclosure form with the secretary of state. The form shallbe signed by the elected official or legislator filing it and under acertification that it is accurate. The financial disclosure form shall containthe following information current as of January 15 of that year:
(i) A list of all offices, directorships and salariedemployment held by the person filing the form in any business enterprise, butexcluding offices and directorships in a nonprofit corporation where nocompensation is received for service;
(ii) A list generally describing the sources of, but not theamount of, the member's income.
(b) Forms may be submitted by facsimile transmission under thesame terms and conditions specified for campaign reports under W.S. 22-25-106. For the purposes of this section, "salaried employment" means anemployment relationship under which the employee is compensated, at least inpart, by payment of a specified dollar amount for each month, or longer period,of service.
(c) The disclosure form shall be as prescribed by the secretaryof state but in substantially the following form:
"StateElected Official Financial Disclosure Form
Name of Official:
Office held:
Business address:
Business phone number:
Home address:
Home phone number:
I. Offices, directorships and employment
a. Offices heldin business enterprises (includes partnerships)
Office Name and address of business enterprise
b. Directorshipsheld in business enterprises
Name and address of business enterprise
c. Salariedemployment
Job Title Name and address of business enterprise
II. Sources of income
a. Employment Name and address of Employer
b. Business interests Name and address of all businessentities but excluding interests if less than ten percent (10%) of the entityis owned, or sole proprietorship from which income is earned, or describegenerally
c. Investments Income earned
Yes No
i. Any securityor
interest earnings ___ ___
ii. Real estate,
leases, royalties ___ ___
d. Other (Describe generally)".
9-13-109. Penalties.
(a) Any person who violates this act is guilty of a misdemeanorpunishable upon conviction by a fine of not more than one thousand dollars($1,000.00).
(b) Violation of any provision of this act constitutessufficient cause for termination of a public employee's employment or forremoval of a public official or public member from his office or position.
(c) If any action is prohibited both by this act and anyprovision of title 6, the provisions of this act shall not apply and theprovisions of title 6 shall apply.