Ethics and Disclosure Act
W.S. 9-13-101 et. seq
Who does the act apply to
• All public officials, public members
and public employees which includes
District supervisors.
• Family member is defined as “an
individual who is the spouse, parent,
sibling, child, grandparent, or
grandchild or is a member of the
individual’s household.
What is covered by the Act
Compensation: W.S. 9-13-102 (iii)
• An advance, conveyance, forgiveness of
indebtedness, deposit, distribution, loan, payment,
gift, pledge or transfer or money or anything of
value, or
• A contract, agreement, promise or other obligation
for an advance, conveyance, forgiveness of
indebtedness, deposit, distribution, loan, payment,
gift, pledge, or transfer or money or anything of
value, for services rendered or to be rendered.
What is covered by the Act
Gifts: W.S. 9-13-102 (vi)
• Anything of value to the extent that consideration
of equal or greater value is not received, but
excludes the following:
– Printed informational, educational or
promotional material.
– A gift that is not used; and no later than thirty
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.
Gifts continued…
• As long as the value of the gift that is given
is not more than or equal to the service that
was received, a gift may be accepted.
Use of title and prestige of office
W.S. 9-13-103
• No public official, public member or
employee shall use his office or position for
his private benefit.
• Private benefit means the receipt of a gift
which resulted from his holding that office
or position.
Nepotism
W.S. 9-13-104
• No public official, member or employee shall
advocate or cause the employment, appointment,
promotion, transfer or advancement of a family
member to an office or position of the state,
county, municipality or school district.
• A public official, member or employee shall not
supervisor or manage a family member who is in
an office or position of the state, county,
municipality or school district.
Nepotism (continued)
• A public official, member or 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.
Misuse of Office
W.S. 9-13-105
• Public funds, time, personnel, facilities or other equipment
may not be used for private benefit unless the use is
authorized by law.
• Public funds, time, personnel, facilities or equipment may
not be used for political or campaign activity unless the use
is authorized by law.
• Official information, such as personnel information
obtained through or in connection with this position may
not be disseminated unless the information is available to
the general public or is authorized by law.
Official decisions and votes
W.S. 9-13-106
• A public official, member or employee shall not
make an official decision or vote on an official
decision if they have a personal or private interest
in the matter. In determining whether a personal or
private interest exists, 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.
Personal or Private Interest
• An interest which is direct and immediate as opposed to
speculative and remote. W.S. 9-13-106 (i)
• An interest that provides the public official, employee or
member a greater benefit or lesser detriment than it does
for a large or substantial group or class of persons who are
similarly situated. W.S. 9-13-106 (ii)
• A public official, member or employee shall abstain from
voting on the decision and from making any official
decision in the matter. The abstention must be recorded in
the minutes. W.S. 9-13-106 (c)
Exemptions
• Reimbursement of expenses, if the reimbursement
does not exceed the amount actually expended,
and if the reimbursement is substantiated by an
itemization of expenses or W.S. 9-13-102 iv (A)
• Per diem payments or mileage allowances paid the
by employing government entity in accordance
with applicable law. W.S. 9-13-102 iv (B)
• Campaign contributions properly received and
reported under the Wyoming Election Code.
Employment
W.S. 9-13-107
• 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.
Penalties
W.S. 9-13-109
• Any person who violates this act is guilty of
a misdemeanor punishable upon conviction
by a fine of not more than $1,000.00
• Violation of this act constitutes sufficient
cause for termination or removal from
position or office.
Governor’s Executive Order
1997-4
Scope
• Applies to all employment-related activities
of public officials, elected officials,
appointees, and employees of the Executive
Branch of the State.
Governors Executive Order
(continued)
General Responsiblities
• Uphold the Constitutions of the United States and
of the State of Wyoming.
• Abide by the laws of the United States and of the
State of Wyoming.
• Carry out the policies and objectives of the State
of Wyoming as established by statute, executive
order, or rule, while adhering to established
standards for work and performance.
Governors Executive Order
(continued)
• Work in cooperation with other public
employees, and act within the scope of the
authority delegated to them.
• Protect and conserve all property owned,
held by, or lease to the State of Wyoming
including public records – See W.S. 16-4201 through 205.
Governors Executive Order
(continued)
• Be honest and fair in performing public
service.
• Strive to be honorable, courteous, and
dedicated to advancing the public good.
• Avoid conduct that compromises the
integrity of the public office or creates the
appearance of impropriety.
Governors Executive Order
(continued)
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As a public official or employee, thou shalt not:
Use public position for personal gain.
Take official action in any matter in which you have a close personal or
financial relationship to a party.
Engage in any activity which conflicts with your position.
Give preferential treatment to any person.
Make any decisions which are not independent and impartial.
Use or allow the use by any private party or official information obtained
through your position unless available to the public or allowed by law.
Award, participate in a decision to award, or administer a State contract if
you or anyone you have a close relationship with is a party.
Accept any fee, compensation, gift, payment of expense or any other
thing of monetary value in circumstances which create the appearance of
conflict of interest or impropriety.
Use or allow the use of District property for other than official business.