County Ethics Questions

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In April 2002, I began to wonder about the County's ethics guidelines, and wanted to know when a County Supervisor's business interests would cross the line.  

I asked Jefferson County District Attorney David Wambach about a situation between a County Supervisor and their role in preserving the contract with a private corporation (the Jefferson County Economic Development Corporation) that directly benefited the Supervisor's employer. 

Ultimately, I had no response.  The entire conversation is below.

- John

Date: Wed, 10 Apr 2002 08:45:46 -0500
To: "Wambach, David" <wambach.david@mail.da.state.wi.us>
Subject: JCEDC and County Board conflicts of interest?

A County Supervisor recently told me that during an informal conversation after a County meeting, Supervisor Yvonne Duesterhoeft said she "had a vested interest" in seeing the JCEDC contract get through because she's heavily involved in tourism because of her job-related activities. 

It's easy to see why she might have said this. Duesterhoeft is the manager of The Market shopping complex in Watertown, and her business participated on the Tourism Council that was administered by the JCEDC, and her business participated in several marketing activities administered by the JCEDC such as the tourism brochure and web site.

At what point does this rise to the level of a conflict of interest that should prevent her from voting on JCEDC-related issues before the Board?

- John 

From: "Wambach, David" <wambach.david@mail.da.state.wi.us>
Subject: RE: JCEDC and County Board conflicts of interest?
Date: Wed, 10 Apr 2002 12:03:35 -0500

Mr. Foust,
As I have said before, I do not give advisory opinions. Therefore I do not intend to respond to your inquiry.
Sincerely,
David J. Wambach
District Attorney Jefferson County

Date: Wed, 10 Apr 2002 14:27:08 -0500
To: "Wambach, David" <wambach.david@mail.da.state.wi.us>
Subject: RE: JCEDC and County Board conflicts of interest?

I thought you were the County's Ethics Code Administrator. Aren't you the right person to direct this sort of inquiry? If not you, who should I ask?

- John

From: "Wambach, David" <wambach.david@mail.da.state.wi.us>
Subject: RE: JCEDC and County Board conflicts of interest?
Date: Wed, 10 Apr 2002 17:30:54 -0500

Mr. Foust,
I don't give advisory ethics opinions any more than I would give an advisory opinion on an issue of a violation of the criminal or civil law. 
David J. Wambach
District Attorney 
Jefferson County

Date: Wed, 10 Apr 2002 18:39:56 -0500
To: "Wambach, David" <wambach.david@mail.da.state.wi.us>
Subject: RE: JCEDC and County Board conflicts of interest?

Again, I asked "I thought you were the County's Ethics Code Administrator. Aren't you the right person to direct this sort of inquiry? If not you, who should I ask?"

According to the County's Ordinances 10.09, "the incumbent Jefferson County District Attorney shall serve as Ethics Code Administrator. [...] 3) The Ethics Code Administrator shall receive complaints concerning alleged violations of this Ethics Ordinance and may independently initiate investigations of possible violations of the Ethics Code. (4) The Ethics Code Administrator shall conduct a fair and impartial investigation of alleged violations of the Ethics Code and if he determines no violation occurred, the matter shall be terminated with an appropriate communication to the complainant."

Again, am I asking the right person? If you're not the Ethics Code Administrator, who is? Or am I reading the ordinance incorrectly, and that I'm not supposed to be making requests to you?

- John

Ultimately, I did not receive a response.