Section ATCP 140.52 - Marketing board code of ethicsNo member, employee or agent of a marketing board may:
(1) Use his or her position with the marketing board, or the prestige or influence of that position, to obtain financial gain or anything of substantial value for his or her private benefit, or for the benefit of his or her immediate family, or an organization with which he or she is associated. Financial gain, for purposes of this paragraph, does not include salaries or other normal compensation received from the marketing board by the employee, agent or marketing board member.(2) Solicit or accept from any person or organization, directly or indirectly, anything of value if the thing of value: (a) Could reasonably be expected to influence the actions or judgment of the marketing board member, employee or agent, in his or her capacity as a member, employee or agent of a marketing board; or(b) Could reasonably be considered as a reward for any action or inaction by the marketing board member, employee or agent, acting in his or her capacity as a member, employee or agent of the marketing board.(3) Intentionally use or disclose information gained in the course of or by reason of his or her position as a member, employee or agent of a marketing board in any way that could result in the receipt of anything of value by him or her, by his or her immediate family, or by any other person or organization with which he or she is associated, if the information is not public information and has not been communicated to the public.(4) Use or attempt to use his or her position as a member, employee or agent of a marketing board to influence or gain unlawful benefits, advantages or privileges for himself or herself, or for others.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 140.52
Cr. Register, November, 1985, No. 359, eff. 12-1-85.According to unpublished opinions of the attorney general, dated September 16, 1983 and January 30, 1984, marketing board members are public officers within the meaning of s. 946.13, Stats., which provides in part as follows:
946.13 (1) Any public officer or public employee who does any of the following is guilty of a Class E felony:
(a) In the officer's or employee's private capacity, negotiates or bids for or enters into a contract in which the officer or employee has a private pecuniary interest, direct or indirect, if at the same time the officer or employee is authorized or required by law to participate in the officer's or employee's capacity as such officer or employee in the making of that contract or to perform in regard to that contract some official function requiring the exercise of discretion on the officer's or employee's part; or
(b) In the officer's or employee's capacity as such officer or employee, participates in the making of a contract in which the officer or employee has a private pecuniary interest, direct or indirect, or performs in regard to that contract some function requiring the exercise of discretion on the officer's or employee's part.