Ethics and Disclosure Act

W.S. 9-13-101 et. seq

Who does the act apply to

• All public officials, public members and public employees which includes District supervisors.

• Family member is defined as “an individual who is the spouse, parent, sibling, child, grandparent, or grandchild or is a member of the individual’s household.

What is covered by the Act

Compensation: W.S. 9-13-102 (iii)• An advance, conveyance, forgiveness of

indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer or money or anything of value, or

• A contract, agreement, promise or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer or money or anything of value, for services rendered or to be rendered.

What is covered by the Act

Gifts: W.S. 9-13-102 (vi) • Anything of value to the extent that consideration

of equal or greater value is not received, but excludes the following:– Printed informational, educational or

promotional material.– A gift that is not used; and no later than thirty

days after receipt, is returned to the donor or delivered to a charitable organization and is not claimed as a charitable contribution for federal income tax purposes.

Gifts continued…

• As long as the value of the gift that is given is not more than or equal to the service that was received, a gift may be accepted.

Use of title and prestige of officeW.S. 9-13-103

• No public official, public member or employee shall use his office or position for his private benefit.

• Private benefit means the receipt of a gift which resulted from his holding that office or position.

NepotismW.S. 9-13-104

• No public official, member or employee shall advocate or cause the employment, appointment, promotion, transfer or advancement of a family member to an office or position of the state, county, municipality or school district.

• A public official, member or employee shall not supervisor or manage a family member who is in an office or position of the state, county, municipality or school district.

Nepotism (continued)

• A public official, member or employee, acting in his official capacity, shall not participate in his official responsibility or capacity regarding a matter relating to the employment or discipline of a family member.

Misuse of OfficeW.S. 9-13-105

• Public funds, time, personnel, facilities or other equipment may not be used for private benefit unless the use is authorized by law.

• Public funds, time, personnel, facilities or equipment may not be used for political or campaign activity unless the use is authorized by law.

• Official information, such as personnel information obtained through or in connection with this position may not be disseminated unless the information is available to the general public or is authorized by law.

Official decisions and votesW.S. 9-13-106

• A public official, member or employee shall not make an official decision or vote on an official decision if they have a personal or private interest in the matter. In determining whether a personal or private interest exists, the public official shall recognize the importance of his right to represent his constituency and shall abstain from voting only in clear cases of a personal or private interest.

Personal or Private Interest

• An interest which is direct and immediate as opposed to speculative and remote. W.S. 9-13-106 (i)

• An interest that provides the public official, employee or member a greater benefit or lesser detriment than it does for a large or substantial group or class of persons who are similarly situated. W.S. 9-13-106 (ii)

• A public official, member or employee shall abstain from voting on the decision and from making any official decision in the matter. The abstention must be recorded in the minutes. W.S. 9-13-106 (c)

Exemptions

• Reimbursement of expenses, if the reimbursement does not exceed the amount actually expended, and if the reimbursement is substantiated by an itemization of expenses or W.S. 9-13-102 iv (A)

• Per diem payments or mileage allowances paid the by employing government entity in accordance with applicable law. W.S. 9-13-102 iv (B)

• Campaign contributions properly received and reported under the Wyoming Election Code.

Employment W.S. 9-13-107

• A public official, public member or public employee may not vote or take an official action in a matter affecting a person with whom the public official, public member or public employee is negotiating for prospective employment.

PenaltiesW.S. 9-13-109

• Any person who violates this act is guilty of a misdemeanor punishable upon conviction by a fine of not more than $1,000.00

• Violation of this act constitutes sufficient cause for termination or removal from position or office.

Governor’s Executive Order1997-4

Scope

• Applies to all employment-related activities of public officials, elected officials, appointees, and employees of the Executive Branch of the State.

Governors Executive Order (continued)

General Responsiblities• Uphold the Constitutions of the United States and

of the State of Wyoming.• Abide by the laws of the United States and of the

State of Wyoming.• Carry out the policies and objectives of the State

of Wyoming as established by statute, executive order, or rule, while adhering to established standards for work and performance.

Governors Executive Order (continued)

• Work in cooperation with other public employees, and act within the scope of the authority delegated to them.

• Protect and conserve all property owned, held by, or lease to the State of Wyoming including public records – See W.S. 16-4-201 through 205.

Governors Executive Order (continued)

• Be honest and fair in performing public service.

• Strive to be honorable, courteous, and dedicated to advancing the public good.

• Avoid conduct that compromises the integrity of the public office or creates the appearance of impropriety.

Governors Executive Order (continued)

As a public official or employee, thou shalt not:• Use public position for personal gain.• Take official action in any matter in which you have a close personal or

financial relationship to a party.• Engage in any activity which conflicts with your position.• Give preferential treatment to any person.• Make any decisions which are not independent and impartial.• Use or allow the use by any private party or official information obtained

through your position unless available to the public or allowed by law.• Award, participate in a decision to award, or administer a State contract

if you or anyone you have a close relationship with is a party.• Accept any fee, compensation, gift, payment of expense or any other

thing of monetary value in circumstances which create the appearance of conflict of interest or impropriety.

• Use or allow the use of District property for other than official business.