a. A legislator should not solicit or accept contributions from any
      organization that employs a lobbyist.

b. A legislator should not solicit or accept contributions of legal services or
      money to pay for legal services if the contributions could reasonably be
      expected to influence the legislator’s judgment or actions or be
      considered a reward for past action.

c. A legislator should not accept legal services or contributions to defray
      the legislator's legal expenses unless the legislator can demonstrate,
      clearly and convincingly, that the contribution is made primarily for a
      reason that is independent of holding a public office.

d. A legislator may, consistent with the statutes the Ethics Board administers,
      solicit contributions permitted and reported under §11.23 and
      even use the title and prestige of office to do that. However, a legislator
      may not both use public position to solicit contributions to an individual
      or group under §11.23 and then permit the group to pay for legal costs
      the legislator incurs; to do so would be to use your official position to
      solicit a private benefit. OEB 92-23

June 16, 1992

A vendor should not sponsor a river cruise for local public officials attending
a convention if more than an insignificant number of the officials attending
are responsible for making or approving purchasing decisions that could
involve the vendor’s goods. OEB 92-31 (November 25, 1992)

The Ethics Board advises that the lobbying law's restrictions on the timing of
campaign contributions applies to a lobbying principal whether the principal
is a corporation or an unincorporated association. A principal is subject to
the lobbying law's restrictions on campaign contributions whether it makes a
contribution directly or through its alter ego or agent, such as a PAC.
Corporate lobbying principals that have created and registered PACs under
§11.38, Wisconsin Statutes, may utilize those PACs to make campaign
contributions to the full extent permitted under campaign finance laws and
within the time periods permitted under Wisconsin's lobbying statute.
Businesses, organizations, and individuals that are not lobbying principals
are free to make campaign contributions through their PACs without
restraint from laws administered by the Ethics Board. OEB 92-29
November 18, 1992

A political action committee [PAC] that is not controlled by an organization
employing a lobbyist, either in law or in fact, may, consistent with laws
administered by the Board, make a campaign contribution at any time.

A political action committee controlled, either in law or in fact, by an organization
employing a lobbyist may make a campaign contribution only when
Wisconsin's lobbying laws permit a lobbying principal to contribute directly.
Thus, a PAC controlled by a lobbying principal may contribute to a partisan
elective state official or to a candidate for election to a partisan state office or
to the personal campaign committee of either only in the year of the candidate's
election between June 1 and the the day of the general election (and, in
the case of a candidate for legislative office, only if the legislature has
concluded its final floorperiod, and is not in special or extraordinary session).

Because the Ethics Board has not previously had an opportunity to address
this point, the Board does not intend to prosecute a complaint against any
principal which may, in the past, have made, via a PAC, a campaign contribution
during a period in which the principal could not contribute.
OEB 92-27

July 9, 1992

A lobbyist may make a campaign contribution to a legislator for the purpose
of promoting the legislator’s candidacy for Congress during the year of the
election between June 1 and the date of the general election as long as the
Legislature is not in session. OEB 92-25

June 16, 1992

Members of local landfill negotiating committees or other local officials,
whose financial interests are likely to be affected by negotiations concerning
a landfill expansion, should not participate in those negotiations or any
decisions to ratify an agreement reached through those negotiations.
OEB 92-12

January 13, 1992

Consistent with the Ethics Code, a legislator, while attending a conference on
behalf of the state, may accept meals, refreshment, and the like that are
provided, sponsored, or sanctioned by the event organizer and authorized by
the legislature. Eth. Bd. 654

August 22, 1991

The lobbying law prohibits a lobbyist from making a campaign contribution
during a prohibited time period if it is from a personal campaign committee
account over which the lobbyist exerts control or which acts at the direction
or as an agent of the lobbyist. Eth. Bd. 682

July 2, 1991

You may solicit contributions for a foundation if: (1) you do not invoke the
title or prestige of your office to solicit; (2) you do not rely upon the state's
time, facilities, supplies or services not generally available to all Wisconsin
citizens; (3) any response to your solicitations could not reasonably be
expected to influence your official judgement or be considered a reward for
past actions; and (4) you do not solicit any lobbyist or lobbyist's employer.
Eth. Bd. 640.

February 21, 1991

A judge may not accept an honorarium from a principal for presenting a talk
but may accept reimbursement of expenses. Eth. Bd. 635

February 21, 1991

An official of a state agency may continue to receive income from a former
partnership where the income is unrelated to the official's holding public
office. The income is reportable but is not a security if it is derived from the
former partner's share of receivables. The official need not disqualify from
matters before the agency in which the former partnership is involved as long
as the official has no economic interest in those matters. Eth. Bd. 622

January 10, 1991

An employee does not violate the so-called "gag" law if he or she communicates
with the legislature in his or her capacity as a union officer.
OEB 92-1

March 24, 1992

A local public official may attend a breakfast meeting sponsored by a private
firm at a convention if the official's local governmental unit would otherwise
pay the cost. OEB 92-9

March 24, 1992

A state public official may participate in a tour on which the official is invited
because of his or her public position if it is primarily for the benefit of the
state and not for private benefit. OEB 92-7

March 24, 1992

The lobbying law prohibits a legislator from selling shares of stocks of a
closely-held corporation to an organization that employs a lobbyist but not to
a corporation owned by an individual who owns other corporations that
employ lobbyists. OEB 92-5

March 24, 1992

A candidate for elective state office may not receive a salary from an organization
that employs a lobbyist but may continue to receive a pension and
may participate in a group health plan if the candidate pays the premiums.
OEB 92-3

March 24, 1992

A candidate for elective state office may not accept salaried employment from
a principal. Eth. Bd. 621

February 14, 1991

The Ethics Code permits a former state public official to testify on behalf of a
private party, for compensation, before an agency of another jurisdiction in a
proceeding on issues in which the former official did not have personal and
substantial involvement as a member of the governing body of a state agency.

If a former official testifies in a proceeding in another jurisdiction on issues
with respect to which the official was personally and substantially involved
as a state public official in Wisconsin, the official should accept no
compensation for such testimony unless the official can clearly and
convincingly demonstrate that the official is being compensated solely for the
official's testimony on other issues.

The Ethics Code does not restrict a former official's attempting to influence
legislation or administrative rules of state agencies other than the official's
former agency if the official does not communicate with officers or employees
of the official's former agency in connection with the official's lobbying efforts;
and

The Ethics Code does not restrict a former official's speaking to groups and
individuals on matters that may have been before the official's former agency
when the official held office, but the former official should not use or disclose
information gained as a result of the official's holding office if the information
has not been communicated to the public or is not public information.

(November 20, 1996)

A state public official may, consistent with statutes the Ethics Board
administers, accept compensation from a publisher for a book the official will
write on public policy and politics as long as (1) the official does not, in
writing the book, rely upon the state’s time, facilities, services, or supplies
not generally available to everyone; (2) the terms of the contract are standard
in the industry and were arrived at through an arms-length transaction; and
(3) in the event that lobbyists, lobbying principals, or others having business
before the official’s agency arrange for significant purchases, outside the
normal course of their business, the official turns over royalties arising from
those purchases either to the state or to a charity with which the official is
not associated. OEB 96-4 (February 29, 1996)

In the case of an individual acting independently of Wisconsin’s government
and public officials, the Ethics Code does not restrict a private citizen’s
publishing information about Wisconsin’s Legislature or about individual
legislators on the internet’s World Wide Web. If an individual or business
offers to publish information on the internet at a legislator’s behest, the
legislator may, consistent with the Ethics Code, avail himself or herself of
that opportunity if: (1) the Legislature has officially acted to accept that
opportunity on behalf of the state; and (2) the legislator use the site to
communicate about issues before the Legislature and state government
processes and proposals, and not to publish information on private matters,
including campaign matters.
OEB 96-2 (February 22, 1996)

Neither the lobbying law nor Ethics Code applies to every state agency
employee. However, state employees are likely to report to, and act at the
direction of, individuals subject to one or both of these statutes. Therefore,
the Ethics Board advises that an agency may solicit and accept money from
others to cover administrative expenses for its project as long as (1)
individuals, businesses and organizations that are solicited for, or who make,
contributions are not likely to be substantially affected by statutes and rules
the agency administers and enforces; and (2) neither lobbyists nor organizations
that employ lobbyists are solicited unless a specific exception
pertains. OEB 95-7 (December 22, 1995)

Neither the Ethics Code nor lobbying law is an impediment to the production
and airing of a videotape about a public official as long as the video
production company can clearly and convincingly demonstrate that (1) the
production is not at the behest of or initiation of the official and (2) editorial
direction is independent of the official and others operating on his or her
behalf, including his or her appointees and campaign committee.

Neither the Ethics Code nor lobbying law is an impediment if the funding is
appropriately treated as a campaign contribution, complies with the lobbying
law’s timing restrictions, and is permitted and reported under Wisconsin’s
campaign finance laws. OEB 95-5 (July 31, 1995)

1. The lobbying law does not proscribe an agency official’s membership on a
     lobbying organization’s Board of Directors, or the official’s participation in
     its affairs; and

2. The lobbying law forbids an agency official elected to a lobbying
     organization’s board of directors to accept reimbursement from the
     organization for expenses incurred in attending meetings of the
     organization’s directors because the organization does not reimburse the
     general public for those expenses.

OEB 96-6 (April 12, 1996)

A legislator may accept an offer from an organization funded by the federal
and state governments to fly the legislator in its aircraft over the legislator's
district, in the event of a disaster, so that the legislator can help in assessing
damage and directing disaster relief to areas of greatest need.

(November 13, 1996)

A member of a local unit of government’s legislative body should not
simultaneously serve, in a private capacity, as an officer or director of a
tourism organization and participate in discussions or votes to establish a
room tax to support the organization financially.

A member of a local unit of government’s legislative body who is a director of
a tourism organization generally should not participate in a decision
concerning room tax receipts if the decision could substantially affect the
level of receipts earmarked for the organization. If decisions on these issues
are presented to the legislative body in the form of an ordinance or ordinance
amendment, then a member of that body who also serves on the board of the
tourism organization should not act in a way that aids the organization of
which he or she is a director.

OEB 96-13 (July 31, 1996)

A state agency, pursuant to provisions of the Wisconsin Statutes, that has
created a specific program that permits the agency to solicit and accept funds
from a business engaged in a project that is part of the program, may solicit
and accept financial and other contributions from a business that is
participating in a project to which the funds will be applied, even if the
business is likely to be substantially affected by statutes and rules the agency
administers and enforces and employs a lobbyist.

OEB 96-11 (July 31, 1996)

The Ethics Board advises that §19.59, Wisconsin Statutes, does not bar a
local government official (1) from acting in a matter concerning another body
politic with which the official is associated or (2) from acting in a matter that
could affect the financial interests of an organization to whose board of
directors the local governmental unit has appointed the official pursuant to
statute, ordinance, or resolution to represent the interests of the local
government.

A local government official may not simultaneously be an officer or director of
a private organization (in a capacity other than as a representative of the
local governmental unit’s interests) and (a) take official action substantially
affecting the organization or (b) use his or her public office to produce a
substantial benefit for the organization. OEB 96-9 (July 31, 1996)

A lobbying organization may, consistent with Wisconsin’s lobbying law, purchase
services from a business wholly owned by a state legislator only if the
organization’s offer to purchase can reasonably be said to be available to the
general public. Even if the organization can demonstrate that its offer to
purchase is available to the general public, the better course would be for the
organization not to engage in business with a company wholly owned by a state
legislator unless the organization is satisfied that its doing so would not
undermine the public’s confidence in the legislator’s financial independence from
the organization. OEB 96-7 (April 25, 1996)

Lobbying principals may furnish cash and in-kind contributions to a national
organization or the Department of Development for the organization’s annual
meeting in Wisconsin. Wisconsin’s officials may accept food and drink
furnished at events that are provided, sponsored, or sanctioned by the national
organization and authorized by the officials’ agency. State officials generally
may accept items that the national organization or the Department of
Development furnishes. A state official should accept an item furnished by a
vendor at the meeting only if the item is of insubstantial value and the vendor
is not a lobbying principal.
OEB 95-2 (June 1, 1995)

A state legislator may accept a campaign contribution from a lobbyist or
lobbying organization for the purpose of promoting his or her candidacy for
federal office only during the year of the election between June 1 and the date
of the general election. OEB 93-9 (November 3, 1993)

Section 19.44(1)(a), Wisconsin Statutes, requires a state public official who is
a lawyer to identify on the individual’s Statement of Economic Interests those
clients of the individual’s law firm for which the individual provides
representation in dealings with third parties or for which the individual is
authorized to act as part of overall supervisory responsibility for the firm's
providing those services. An official need not identify clients of the official’s
firm for which the official did not act as an authorized representative or
agent in dealings with third parties or act in a supervisory capacity with
respect to other attorneys in the firm who did provide such services.
OEB 93-7 (May 7, 1993)

A legislator should not accept payment for consulting work if the legislator’s
firm is being retained because he or she holds a position as a legislator, as
opposed to simply having desirable political experience and insight. §§
19.45(2) and 19.46(1)(b), Wisconsin Statutes.*

Second, a legislator should not accept payments for consulting work if that
employment could reasonably be expected to influence the legislator’s official
judgment or actions. § 19.45(3), Wisconsin Statutes. A legislator’s acceptance
of payments from an organization with a substantial and demonstrated
interest in issues likely to be addressed by Wisconsin's Legislature could
reasonably be expected to affect his or her official judgment and actions in a
manner sympathetic to the client. The standard imposed by the statute is an
objective one. It is not enough that a legislator and his or her client are
philosophically aligned. Rather, the question is whether a reasonable person
would expect that the legislator’s employment would influence his or her
official judgment. For this reason, the Board recommends that a legislator
not accept payments for offering consultation, advice, or strategy on issues if
there is a reasonable possibility that they will be addressed by Wisconsin's
Legislature. OEB 93-5 (February 10, 1993)

A lobbyist may not furnish personal services to the campaign of an individual
running for partisan elective state office if those services are not reportable
as a campaign contribution under the campaign finance law and if such
services consist of labor for which a campaign would have to pay individuals
if they did not volunteer. OEB 93-3 (January 27, 1993)

A state public official may not use his or her office or position to obtain anything
of substantial value for private benefit. The connection between an
official's receipt of a prize at a conference and holding public office is too
remote to conclude that public office was used to obtain the prize because (1)
the prize was awarded by chance, (2) the prize was available to anyone
attending the conference, and (3) the great majority of conference attendees
were not Wisconsin public officials. An official must comply with any state
policy to make available to the state items received at events attended on the
state's behalf. OEB 93-11 (December 15, 1993)

Statutes administered by the Ethics Board are not an impediment to a
municipal judge's serving as a mediator, arbitrator, or mini-trial judge in
dispute resolution as long as: (1) the official does not serve in matters over
which the official, as a municipal judge, might have jurisdiction; (2) the
official does not use his or her public position to obtain private employment;
and (3) the official does not use the municipality's time, facilities, supplies, or
services not generally available to the public in pursuing the official's private
endeavors. OEB 94-2 (April 14, 1994)

An elected state official may accept compensation for participating as a
commentator on state government issues on a weekly television program as
long as the company that owns the television station operates independent of
its corporate parent, which is a lobbying principal. Unless an official has
evidence to the contrary, he or she may rely on the television stations’s representation
that in asking the official to appear on the television program it
has not acted in consultation or cooperation with, or at the request or
suggestion of, the parent company that is a principal. (OEB94-9) October 24,
1994

A town board member should not as a matter of policy, participate in the
town’s consideration of a landfill expansion as long as the member derives
financial benefit from his or her spouse’s employment by a company owned by
the individual owning the controlling interest in the landfill operator. A
town board member may participate in such a decision without restriction
from laws administered by the Ethics Board where the town board member’s
child is so employed and the member’s child neither supports nor derives
support from the town board member. (OEB94-7) October 20, 1994
 

The Ethics Board advises that a member of the governing body of a local
government unit should not participate in any labor issues in which a union
is involved or that could affect the union’s interests while the member’s law
firm simultaneously represents that union.
OEB-94-6 (September 28, 1994)

The Ethics Board advises that a member of a city council that is a negotiator
for a labor union in other municipalities should not participate in any official
discussions or vote on the Union's contract with the city on whose council the
member serves; should not use any information not available to the public,
derived from the council member's holding public office, to benefit the Union
in other municipalities; and should not be present during closed sessions in
which labor negotiations with the Union are being discussed.
OEB94-4 (August 31, 1994)

This is in response to your letter in which you have asked a number of general questions
concerning application of laws administered by the Ethics Board to a 501 (c) (3) or 501
(c) (4) organization. The answers pertain equally to a 501 (c) (3) or 501 (c) (4) organization.

The Ethics Board advises that a legislator may not ask a lobbyist to pass
along information to others about the legislator’s desire for a campaign
contribution except during the time that the legislator may accept a campaign
contribution from a lobbyist. A legislative campaign committee may solicit a
campaign contribution from a lobbyist at any time. A legislative campaign
committee’s employee, not employed by the Legislature, may solicit a campaign
contribution from a lobbyist for a legislative candidate at any time if the
committee is acting independent of the legislator for whose campaign the
contribution is sought. A lobbyist may arrange a fundraising event for a
legislative campaign committee at any time.

The Ethics Board advises that, because a former agency head did not
participate in a proceeding, contract, claim, or charge involving the legality of a
company’s business practice, the Ethics Code does not restrict the former
official’s accepting compensation for preparing to testify about the agency’s
determination that the company’s business practice did not violate Wisconsin
law.

The Ethics Board has no basis for believing that the bill will promote your
business’s sale of items. If our understanding is correct, then:
  • your action on the bill will not result in a substantial benefit for your
      business [§19. 45 (2)];

  • your business does not have a substantial financial interest in the bill [§19.
      46 (1) (a)]; and

  • your action on the bill will not produce or assist in the production

An organization that employs a lobbyist in Wisconsin may furnish an elected
state official the opportunity to narrate a public service announcement and
purchase airtime for its dissemination, when the dissemination is not proximate to
an election at which the official is or is likely to be a candidate.

The Ethics Board advises:

(1) If a matter before a town board, is reasonably likely to have more than a
      trivial, insignificant, or insubstantial financial effect on a supervisor, then
      the supervisor SHOULD ABSTAIN from discussion, deliberation, and votes
      on that matter.

(2) If a matter before a town board will have no effect or only a trivial,
      insignificant, or insubstantial financial effect on a supervisor, then the
      supervisor SHOULD PARTICIPATE; and

(3) If reasonable people cannot reasonably foresee the effect of a board of
      supervisors’ action on a supervisor’s financial interests or disagree about
      whether the effect will be positive or negative or will be substantial or
      insignificant then the supervisor’s financial interest is too speculative to
      deny the supervisor’s participation in related discussion, deliberation, and
      votes, and the supervisor SHOULD PARTICIPATE UNLESS, in the supervisor’s
      judgment, to do so would undermine public confidence in the decision or
      in government.

The Ethics Board advises that an individual employed by an organization that
lobbies in Wisconsin may, consistent with Wisconsin’s lobbying law:

  (1) remain employed as a lobbyist by the organization while the individual
        is a candidate for election to the Legislature;

  (2) engage in campaign activities for others that are consistent with the
        lobbying law while the individual is a lobbyist for the organization and a
        candidate for elective state office.

The Ethics Board also advises that upon assuming office in January 2009, the
individual may no longer accept compensation or anything else of pecuniary
value from the organization except to the extent that the individual may be contractually
entitled to continue to receive benefits from an employment contract
that predates your candidacy

The Ethics board advises:

A former state official may not for compensation act on behalf of an organization
other than the State of Wisconsin in connection with a federal agency’s resolution
of a matter in which the official personally and substantially participated in
negotiations on behalf of the official’s former agency to resolve the matter. This
is so even if the official redirects the compensation or the compensation is paid
directly to the official’s employer or to any other individual or organization.

The Ethics Board advises:

1) A legislator may represent clients in criminal matters unless the Department of
      Justice, rather than a district attorney, is prosecuting the matter but the legislator
      should account for whether such representation will undermine citizen confidence
      in government;

2) A legislator may represent a client in a licensure or regulatory matter before a
      state agency only in an open hearing at which a record is maintained; and

3) Other lawyers in the legislator’s firm whose work, judgment and compensation
      are not subject to the legislator’s review may represent clients in matters before
      state agencies.

The Ethics Board advises:

1) That the lobbying law does not prohibit an elected state official's
      acceptance of a salary as president of a union paid to the official by a
      business on the union’s behalf, even if the business employs a lobbyist;

2) That the lobbying law does not prohibit the business to pay an official's
      salary related to the official's union duties; and

3) That the business may not pay the official, and the official may not accept,
      a salary for work performed for the business while the business employs a
      lobbyist in Wisconsin.