2010 Wyoming Statutes
Title 9 - Administration Of The Government
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 be cited 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 an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money;

 

(D) A stock, bond, note or other investment interest in an entity;

 

(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, including title to realty, a fee simple or partial interest, present or future, contingent or vested within realty, a leasehold interest or other beneficial interest in realty;

 

(K) An honorarium or compensation for services arising out of the 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 be available to a member of the public; or

 

(II) With a rebate or at a discount in its price, unless the rebate or discount is made in the ordinary course of business to a member of the public, or any group or category thereof, but without regard to that person'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 compensatory in value to a person.

 

(ii) "Anything of value" does not mean a campaign contribution properly received and reported, if reportable, as required under the Wyoming Election Code;

 

(iii) "Compensation" includes:

 

(A) An advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge or transfer of money or anything of value; or

 

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

 

(iv) "Compensation" does not include:

 

(A) Reimbursement of expenses if the reimbursement does not exceed the amount actually expended for the expenses, and if the reimbursement is substantiated by an itemization of expenses; or

 

(B) Per diem payments or mileage allowances paid by the employing government entity in accordance with applicable law.

 

(v) "Family member" means an individual:

 

(A) Who is the spouse, parent, sibling, child, grandparent or grandchild; or

 

(B) Is a member of the individual's household.

 

(vi) "Gift" means anything of value to the extent that consideration of equal or greater value is not received, but excludes the following:

 

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

 

(C) A gift, devise or inheritance from any of the following, if the donor is not acting as the agent or intermediary for someone other than a person 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) of this subparagraph;

 

(IV) Any person, including an organization, which has a bona fide social or private business relationship with the individual, where the circumstances demonstrate that the motivation for the gift arises out of that relationship and not from the recipient's holding of public office or employment. For the purposes of this subdivision, relevant circumstances include but are not limited to the source of funds used by the donor to acquire the gift;

 

(V) Any person, including an organization, where the gift does result from the person's holding an office or position, but where the gift is of nominal value, is made voluntarily by the donor and is made in recognition of a special occasion, such as marriage, illness or retirement.

 

(D) A certificate, commemorative token or item, or plaque with a value that does not exceed two hundred fifty dollars ($250.00);

 

(E) Food and beverage;

 

(F) Compensation, per diem or other payments or benefits which the public official, public member or public employee receives in the performance of services for the governmental entity;

 

(G) Repealed By Laws 1999, ch. 140, 2.

 

(H) Any loan, gift, gratuity, special discount or hospitality with a value of two hundred fifty dollars ($250.00) or less; or

 

(J) Travel, registration and lodging for any conference or meeting while attending in his official capacity as a public official, public member or public employee.

 

(vii) "Local office" means the offices of county commissioner, county treasurer, county assessor, county clerk, county sheriff, county coroner, district attorney, county attorney, mayor and member of the council of a municipality, member of the board of trustees of a community college district or a school district and member of a joint powers board or special district. As used in this paragraph "special district" means any special district specified under W.S. 22-29-103(a) and any other corporate district authorized to be formed as a political subdivision under the laws of this state;

 

(viii) "Negotiating" or "negotiate for employment" means a communication, directly or indirectly, with a prospective employer to discuss rendering services for compensation to that prospective employer;

 

(ix) "Negotiation for employment" means the period that begins with a communication to a prospective employer to discuss rendering services for compensation to the prospective employer;

 

(x) "Official responsibility or official capacity" means the direct administrative or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through subordinates, to approve, disapprove, or otherwise direct government action;

 

(xi) "Participation" includes decision, approval, disapproval or vote;

 

(xii) "Public employee" means any of the following state employees:

 

(A) The attorney general and the director of any department of the executive branch appointed by the governor under W.S. 9-2-1706, or the director of any legislative agency;

 

(B) The chief executive officer of any separate operating agency 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 the pleasure of persons listed in subparagraphs (A) and (B) of this section, administrators of department or agency divisions, and deputy directors of departments;

 

(D) Commissioners of the public service commission and members of the state board of equalization;

 

(E) Deputies and administrators of divisions within the offices of state elected officials under W.S. 9-2-1704(a). The positions, in the governor's office, of chief of staff, attorney for intergovernmental affairs and chief of policy are included within this subparagraph.

 

(xiii) "Public member" means a member appointed to a part-time position on a state board, commission or council. A public member does not lose this status by receiving reimbursement of expenses or a per diem payment for services. The term includes a member of the board of trustees of the University of Wyoming and the community college commission. The term does not include a public member of an advisory board, advisory commission or advisory council;

 

(xiv) "Public official" means an individual elected to a state or local office, or an individual who is appointed to fill a vacancy in a state or local office, whether or not the individual has yet assumed the office;

 

(xv) "State entity" means a state agency, office, department, division, bureau, board, commission or council, including the legislature, Wyoming community development authority and Wyoming science, technology and energy authority. The term does not include a court or an agency in the judicial branch;

 

(xvi) "State office" means the state offices of governor, treasurer, superintendent of public instruction, auditor, secretary of 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 shall use his office or position for his private benefit.

 

(b) As used in this section, "private benefit" means the receipt by the public official, public member or public employee of a gift which resulted from his holding that office.

 

9-13-104. Nepotism.

 

(a) No public official, public member or public employee shall advocate or cause the employment, appointment, promotion, transfer or advancement 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 public employee shall not supervise or manage a family member who is in an office or position of the state, a county, municipality or school district.

 

(b) A public official, public member or public 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.

 

9-13-105. Misuse of office.

 

(a) A public official, public member or public employee shall not use public funds, time, personnel, facilities or equipment for his private benefit or that of another unless the use is authorized by law.

 

(b) A public official, public member or public employee shall not use public funds, time, personnel, facilities or equipment for political or campaign activity unless the use is:

 

(i) Authorized by law; or

 

(ii) Properly incidental to another activity required or authorized by law and the public official, public employee or public member allocates and reimburses the governmental entity for any additional costs incurred for that portion of the activity not required or authorized by law.

 

(c) A public official, public employee or public member shall not disseminate to another person official information which the public official, public employee or public member obtains through or in connection with his position, unless the information is available to the general public or unless the dissemination is authorized by law.

 

9-13-106. Official decisions and votes.

 

(a) A public official, public member or public employee shall not make an official decision or vote on an official decision if the public official, public member or public employee has a personal or private interest in the matter. In determining whether he has a personal or private interest in a matter 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 as defined in this subsection. A public official or public member shall not vote to give money or any direct financial benefit to himself except for tax reductions affecting the general public. For the purposes of this section, a personal or private interest:

 

(i) Is, with respect to the public official, public employee or public member, an interest which is direct and immediate as opposed to speculative and remote; and

 

(ii) Is an interest that provides the public official, public employee or public member, a greater benefit or a lesser detriment than it does for a large or substantial group or class of persons who are similarly situated.

 

(b) A public official, public member or public employee described by subsection (a) of this section shall abstain from voting on the decision and from making any official decision in the matter. The public official's, public member's or public employee's abstention from voting must be recorded 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 the extent inconsistent with this section.

 

9-13-107. Actions taken while negotiating for employment.

 

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.

 

9-13-108. Disclosure required.

 

(a) Not later than January 31 annually, each of the state's five (5) elected officials and each member of the Wyoming legislature shall file a financial disclosure form with the secretary of state. The form shall be signed by the elected official or legislator filing it and under a certification that it is accurate. The financial disclosure form shall contain the following information current as of January 15 of that year:

 

(i) A list of all offices, directorships and salaried employment held by the person filing the form in any business enterprise, but excluding offices and directorships in a nonprofit corporation where no compensation is received for service;

 

(ii) A list generally describing the sources of, but not the amount of, the member's income.

 

(b) Forms may be submitted by facsimile transmission under the same terms and conditions specified for campaign reports under W.S. 22-25-106. For the purposes of this section, "salaried employment" means an employment relationship under which the employee is compensated, at least in part, 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 secretary of state but in substantially the following form:

 

"State Elected 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 held in business enterprises (includes partnerships)

 

Office Name and address of business enterprise

 

b. Directorships held in business enterprises

 

Name and address of business enterprise

 

c. Salaried employment

 

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 business entities but excluding interests if less than ten percent (10%) of the entity is owned, or sole proprietorship from which income is earned, or describe generally

 

c. Investments Income earned

 

Yes No

 

i. Any security or

 

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 misdemeanor punishable upon conviction by a fine of not more than one thousand dollars ($1,000.00).

 

(b) Violation of any provision of this act constitutes sufficient cause for termination of a public employee's employment or for removal of a public official or public member from his office or position.

 

(c) If any action is prohibited both by this act and any provision of title 6, the provisions of this act shall not apply and the provisions of title 6 shall apply.