City of Madison - File #: 30154

• File #: 30154
• Version: 2
• Name: Incumbent
• Type: Ordinance
• Status: Passed
• File created: 5/14/2013
• In control: COMMON COUNCIL ORGANIZATIONAL COMMITTEE (ended 4/2017)
• On agenda: 7/16/2013
• Final action: 7/16/2013
• Enactment date: 7/27/2013
• Enactment #: ORD-13-00130
• Title: SUBSTITUTE Amending Section 3.35(5)(i)6. of the Madison General Ordinances to permit a former incumbent to appear before a city body under certain circumstances to express their views on a policy matter.
• Sponsors: Mark Clear, Shiva Bidar, Matthew J. Phair, Sue Ellingson, Michael E. Verveer, Steve King, David Ahrens, Marsha A. Rummel, Anita Weier, Paul E. Skidmore, Scott J. Resnick

Date	Ver.	Action By	Action	Result
7/16/2013	2	COMMON COUNCIL	Adopt	Pass
7/2/2013	2	COMMON COUNCIL ORGANIZATIONAL COMMITTEE (ended 4/2017)	RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICER	Pass
6/4/2013	1	ETHICS BOARD	Return to Lead with the Following Recommendation(s)	Pass
5/21/2013	1	COMMON COUNCIL ORGANIZATIONAL COMMITTEE (ended 4/2017)	Refer
5/21/2013	1	COMMON COUNCIL	Referred
5/14/2013	1	Attorney's Office/Approval Group	Referred for Introduction

Fiscal Note

No expenditure is required.

Title

SUBSTITUTE  Amending Section 3.35(5)(i)6. of the Madison General Ordinances to permit a former incumbent to appear before a city body under certain circumstances to express their views on a policy matter.

Body

DRAFTER'S ANALYSIS:  This proposal addresses restrictions in the ethics code on former incumbents who wish to appear before a city board or committee.  Currently, Sec. 3.35(5)(i)6., MGO, permits a former incumbent to represent herself or himself before any city entity "in relation to a non-commercial personal undertaking" during the 12-month period following the incumbent leaving office or employment.  The Office of the City Attorney has interpreted this provision as permitting a former incumbent to appear on their own behalf for a personal matter, such as a zoning change for the former incumbent's home.  But the Office of the City Attorney believes that in its current form, this provision does not permit a former incumbent from advocating on policy issues, during the 12-month post employment period.  The proposal will permit a former incumbent to appear before a City board, committee or the Common Council, solely on their own behalf and without compensation, to express their personal views on a policy matter.

***********************************************************************************

The Common Council of the City of Madison do hereby ordain as follows:

      Paragraph 6. of Subdivision (i) entitled "Post-Employment/Appointment Restrictions" of Subsection (5) entitled "Standards of Conduct" of Section 3.35 entitled "Code of Ethics" of the Madison General Ordinances is amended to read as follows:

"6.      Nothing in this subdivision shall prohibit a former incumbent:

a.      fFrom representing herself or himself before any City entity in relation to a non-commercial personal undertaking at any time, or

b.      From appearing before any City entity solely on her or his own behalf and without compensation to express her or his views on a policy matter."