Statutory Conflicts of Interest

Wisconsin Statutes contain specific conflict of interest provisions that apply to plan commission members and other local officials regardless of the type of the decision-making they participate in. Two primary provisions that apply to the plan commission include:

1.  Personal financial gain

State law prohibits public officials from taking official action that substantially affects a matter in which the official, an immediate family member or an associated organization has a substantial financial interest. Similarly, an official may not use public office for financial gain or to gain anything of substantial value for the official, an immediate family member or an associated organization. Compliance with the statute will protect a member from prosecution under the statute but does not assure compliance with other fair play and due process requirements.

2.  Private interests in public contracts

State law also provides for felony prosecution of a public official who engages in specified activities related to public contracts in which the official has an interest. This is an issue, for example, where the commission decides conditional use permits or retains consulting services where a member has an interest. In certain cases abstention will not prevent a violation of the law and the official will have to choose between doing business with the governmental unit and serving as an officer.

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