Parks, Rec & Forestry Committee Meeting — Agenda Packet

VILLAGE OF MOUNT HOREB E. Main Street Mount Horeb, WI 53572 Phone: (608) 437-6884 Fax: (608) 437-3190 Email: mhinfo@mounthorebwi.info Web: mounthorebwi.info PARKS, RECREATION, AND FORESTRY COMMISSION AGENDA Tuesday, May 26, 2026 at 5:30 PM Municipal Building Board Room 138 E. Main Street Mount Horeb, WI 1) Call to order 2) Roll Call 3) Public Comments on Non-Agenda Items* 4) Consent Agenda a. Consideration of April 28, 2026 Meeting Minutes 5) Agenda Items a. Consider fundraising agreement with Dennis Cooley for Recreation Complex b. Staff Presentation on Governance & Professional Standards Training c. Acceptance of donation from Mt Horeb Lion’s Club d. Consider Waltz Park sign revision e. Update on Grundahl Park concession/storage building f. Update on Bike Friendly Community application 6) Department Reports a. Recreation Director's Report b. Public Services Director's Report 7) Future Agenda Items 8) Set Next Meeting Date and Time 9) Meeting Adjournment *Public Comment Policy Members of the public are invited to speak at meetings of all Mount Horeb Public Bodies. To comment, please complete a Public Comment Form at the Meeting Room entrance and submit it to staff before the meeting begins. Comments are limited to three minutes, must be made from the podium, and the speaker must return to the audience after speaking. • Non-agenda item comments are heard at the start of the meeting. Public Body members and staff will not engage in discussion during public comment but may consider topics for future agendas. Page 1 of 29 • Agenda item comments are heard during the relevant item, after the proposers or staff present the item and before Public Body discussion. All public comments on the item will be heard before any discussion by the Public Body. Members of the public will only be allowed to speak outside these public comment times if they are invited by the meeting chair to share additional information requested by the Public Body. If so invited to speak, the member of the public must do so from the podium. Written comments are also welcome. Written comments shall include the name and address of the submitter and should be submitted to the Deputy Treasurer/Governance Coordinator by email at niki.erickson@mounthorebwi.info (subject line: Public Comment Request-Name of Public Body) or delivered by to the Village at: 138 E Main Street, Mount Horeb WI, 53572, ATTN Public Comment Request-Name of Public Body. UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR INFORMATION OR TO REQUEST THIS SERVICE, CONTACT ALYSSA GAFFNEY, CLERK, AT 138 E MAIN STREET, MOUNT HOREB, WI (608) 437-9404. Page 2 of 29 MINUTES PARKS, RECREATION AND FORESTRY COMMISSION April 28, 2026, 5:30pm Municipal Building Board Room PRESENT: Hogseth, Kelley, Webber, Adler, White ABSENT: Mertz, Healy OTHERS PRESENT: Hochkammer, Gorman – Village of Mount Horeb INTRODUCTION OF NEW MEMBERS: Michelle Kelley introduced herself and will be serving as the new chair of the commission. PUBLIC COMMENTS ON NON-AGENDA ITEMS: There were none. CONSIDERATION OF THE MARCH 24, 2026 MEETING MINUTES Adler moved, Webber seconded to approve the March 24, 2026 meeting minutes. Motion carried. DISCUSS MOUNT HOREB AREA SCHOOL DISTRICT GIRL’S SWIM TEAM POOL USAGE Gorman reviewed the previous meeting in which the Commission voted to charge the school district $3055 for the use of the pool in August, which represents 50% of the estimated operating expense. The athletic director and swim team coach were unable to attend the meeting. No action was necessary. DISCUSSION ON WORKING WITH DENNIS COOLEY FOR THE MOUNT HOREB RECREATION COMPLEX FUNDRAISING Gorman reviewed the last meeting with Cooley. The Village requested a sample agreement from Cooley to review. There is a follow-up meeting with Cooley scheduled on May 1 to discuss an agreement in more detail. We should have more information for the May meeting. UPDATE ON GRUNDAHL PARK CONCESSION/STORAGE BUILDING Adler said the architectural plans are complete. He and Gorman met with Wade Wise to have a site plan developed. He is also working with all utilities to configure connections to the new building. Once we have a site plan in place, we can get bids on construction, demo and move forward on fundraising. The site plan will also have to get approval from the Plan Commission. Page 3 of 29 CONSIDER REVISED QUOTE FOR THE WALTZ PARK SIGN Gorman provided a revised design of the Waltz Park sign. The Commission was in agreement with the design but would like the background color to be green and the border to be a brighter color. Gorman will send the revision back to Vital Signs. UPDATE ON BIKE FRIENDLY COMMUNITY White gave a brief update on the status of the application. UPDATE ON BIRD CITY PROGRAM White said they had the acceptance of the award recently at Stewart Park. The Village will be installing signs and a flag at locations around the Village. The Sustainability and Natural Resources Committee is also looking at promoting bird friendly windows. Gorman reviewed potential locations for the signs and flag. RECREATION DIRECTOR’S REPORT Dudley was not present but provided a written report. PUBLIC SERVICES DIRECTOR’S REPORT Gorman reviewed his written report. FUTURE AGENDA ITEMS Waltz Park sign Recreation Complex fundraising Grundahl Park building Bike Friendly Community SET NEXT MEETING DATE AND TIME May 26, 2026 at 5:30 pm ADJOURN Webber moved, Hogseth seconded to adjourn at 6:03pm. Page 4 of 29 Proposed Fundraising Plan Mount Horeb Outdoor Sports Complex Project Cost: $12.5 Million in Phases Campaign Goal: $6.5 Million in Philanthropic Support Development Costs: Not to exceed 5% of Campaign Goal ($325,000) Costs include all campaign-related costs for Case for Support materials used in identification, qualification, cultivation, solicitation and stewardship of gifts. Also included are the donor recognition elements, special to this project Fundraising Lead: Dennis Cooley Campaign Duration: 3 Years, starting in fall 2026 I. Executive Summary The Mount Horeb Outdoor Sports Complex will be a transformational community investment that enhances recreation, youth development, tourism, and economic vitality for Mount Horeb and the surrounding region. Designed as a multi‑use, year‑round destination, the Complex will support local residents, visiting teams, leagues, tournaments, and community events while strengthening Mount Horeb’s identity as a healthy, family‑friendly community. The total project cost is $12.5 million, with $6.5 million to be raised through private philanthropy over three years. Remaining funds will be secured through public funding, grants, municipal participation, and financing. This fundraising plan outlines a disciplined, relationship‑driven campaign emphasizing leadership gifts, broad community participation, and long‑term donor engagement. The campaign will prioritize early leadership investments to build credibility and momentum, followed by a strong public phase that invites widespread community support. Success will depend on active volunteer leadership, strategic donor cultivation, and consistent communication of impact. Page 5 of 29 II. Case for Support The Mount Horeb Outdoor Sports Complex addresses four compelling community needs: 1. Youth and Family Recreation The Complex will provide safe, modern facilities that promote physical activity, teamwork, and character development for youth and families across all ages and abilities. 2. Economic Impact and Tourism Tournaments and regional events will increase overnight stays, restaurant traffic, and retail spending—generating ongoing economic benefits for Mount Horeb businesses. 3. Community Identity and Quality of Life The Complex will serve as a civic gathering place that strengthens community pride, volunteerism, and intergenerational connection. 4. Year‑Round Access and Equity The project is designed for inclusive access, ensuring affordable and equitable recreational opportunities for residents across demographics and income levels. Donors are not simply funding facilities - they are investing in Mount Horeb’s long‑term vitality, health, and growth. III. Campaign Goal and Gift Strategy Fundraising Goal • $6.5 million in philanthropic contributions • Three‑year comprehensive campaign Gift Range and Donor Pyramid The campaign will be anchored by a small number of significant leadership commitments, followed by a strong mid‑level and broad‑base giving strategy. Gift Level Number of Gifts Subtotal $1,000,000+ 1–2 $1,000,000–$2,000,000 $500,000–$999,999 2–3 $1,000,000–$2,000,000 $250,000–$499,999 3–4 $750,000–$1,500,000 $100,000–$249,999 6–8 $750,000–$1,500,000 $25,000–$99,999 15–20 $750,000–$1,000,000 Under $25,000 300–500 $500,000–$750,000 Total — $6.5M Key principle: Approximately 70% of the goal will be secured from the top 15–20 donors. Page 6 of 29 VI. Donor Segmentation and Strategies Major Donors ($100,000+) • Personalized proposals tied to naming opportunities • Visits led by campaign leadership • Multi‑year pledges encouraged • Customized impact reporting Mid‑Level Donors ($25,000–$99,999) • Project‑specific funding opportunities • Small group briefings and site tours • Recognition in permanent donor displays Community Donors (Under $25,000) • Broad participation campaigns • Online giving, events, and peer‑to‑peer outreach • Emphasis on community pride and shared impact Corporate and Business Partners • Sponsorship packages tied to tournaments, fields, or amenities • Employee engagement opportunities • Visibility through signage and marketing materials Foundations and Grants • Focus on recreation, youth development, health, and rural/community development • Strong alignment with measurable outcomes and economic impact VII. Recognition and Naming Opportunities Philanthropic recognition will be a core incentive and stewardship tool. Opportunities may include: • Naming of the Complex • Field, court, and facility naming • Programmatic naming (youth leagues, tournaments) • Donor recognition wall • Digital and print acknowledgments All recognition will align with established gift thresholds and community standards. Page 7 of 29 VIII. Communications and Marketing Effective communication will reinforce donor confidence and community engagement. Channels • Dedicated campaign webpage • Regular email updates and progress reports • Local media features and press releases • Social media storytelling focused on athletes, families, and local impact Messaging Focus • Economic and community impact • Youth development outcomes • Donor leadership and generosity • Transparent progress toward goals IX. Stewardship and Donor Engagement Long‑term success requires strong stewardship beyond gift closure. • Formal pledge acknowledgments and annual reminders • Construction and milestone updates • Exclusive donor previews and tours • Annual impact reports post‑completion Strong stewardship will position the organization for future phases, expansions, and endowment opportunities. X. Plan of Action The Mount Horeb Outdoor Sports Complex represents a once‑in‑a‑generation investment in health, community, and economic vitality. With a clear goal, disciplined execution, and engaged leadership, raising $6.5 million in private support over three years is an achievable and inspiring objective. By prioritizing relationships, transparency, and community pride, this campaign will not only fund a facility - but strengthen Mount Horeb for decades to come. Page 8 of 29 DEVELOPMENT SERVICES AGREEMENT This Development Services Agreement (“Agreement”) is entered into as of September 1, 2026 (“Effective Date”) by and between: Client: Village of Mount Horeb, Wisconsin a Wisconsin municipality with principal offices at 138 East Main St., Mount Horeb, WI 53572 (“Client”) Contractor: LaCoona Consulting, LLC, with principal offices at 1035 Kamla Ct., Platteville, WI 53818 1. Background and Purpose Client is undertaking a roughly $12.5 million capital project for the design and construction of an Outdoor Sports Complex in Mount Horeb, Wisconsin (“Project”). Contractor will provide professional fundraising development services to secure $6.5 million in philanthropic contributions toward the Project. 2. Scope of Services Contractor shall: 1. Develop a comprehensive fundraising plan, including timelines, donor segmentation, and solicitation strategies. 2. Identify, cultivate, solicit, and steward prospective donors, including individuals, corporations, foundations, and public funding sources. 3. Coordinate campaign events, donor recognition programs, and public relations efforts related to fundraising, including social media and website. 4. Maintain accurate donor records and provide regular progress reports. 5. Collaborate with Client’s board, staff, and volunteers to maximize fundraising effectiveness. 6. Return 20% of development fees charged back to the project to cover costs related to identification, cultivation and stewardship, including funding for donor recognition. Page 9 of 29 3. Term This Agreement shall commence on September 1, 2026 and continue until August 31, 2029, unless fundraising goals are met before the deadline, both parties agree to extend the deadline or if agreement is terminated earlier in accordance with Section 12. 4. Compensation 1. Fee Structure: Contractor shall be compensated at five percent (5%) of the total funds raised, calculated on actual contributions or signed commitments to pay received by Client. 2. Maximum Compensation: The total potential compensation shall not exceed $325,000. In the event more than $6.5 million is raised, those additional funds will be compensated at the five percent (5%) rate and would be additional to the maximum compensation amount. Of the 5% compensation rate, 20% (or 1%) will be returned to the project to cover fees related to identification, cultivation and stewardship, including donor recognition. 3. Payment Schedule: Payments shall be made quarterly, within 30 days after the end of each quarter, based on verified contributions received. 4. Milestone Bonuses (optional): • 25% of goal ($1,625,000) reached: $10,000 bonus • 50% of goal ($3,250,000) reached: $15,000 bonus • 100% of goal ($6,500,000) reached: $25,000 bonus 5. Expenses Client shall reimburse Contractor for pre-approved, reasonable out-of-pocket expenses directly related to campaign activities, including travel, printing, and event costs, upon submission of receipts. These expenses are considered part of the Maximum Compensation total. 6. Reporting and Performance Reviews 1. Monthly Reports: Contractor shall provide written updates detailing donor contacts, solicitations, pledges, and funds received. Page 10 of 29 2. Quarterly Reviews: Parties shall meet quarterly to review progress, adjust strategies, and address challenges. 3. Annual Evaluation: At the end of each contract year, Client may evaluate Contractor’s performance and determine whether to continue under the same terms. 7. Donor Exclusivity During the term of this Agreement, Contractor shall not solicit donations for any other project in direct competition with the Client’s fundraising campaign within a 25-mile radius of Mount Horeb, WI, without prior written consent. 8. Confidentiality Both parties agree to maintain the confidentiality of donor information, campaign strategies, and proprietary materials, and to use such information solely for the purposes of fulfilling this Agreement. Training of key team members will be performed. 9. Ownership of Materials All campaign materials, donor lists, and related documents created by Contractor in connection with this Agreement shall be the property of Client upon payment of all amounts due. 10. Independent Contractor Status Contractor is an independent contractor and not an employee, partner, or agent of Client. Contractor shall be solely responsible for all taxes, withholdings, and other statutory obligations. 11. Indemnification Each party shall indemnify and hold harmless the other from and against any claims, damages, liabilities, and expenses arising from its own acts or omissions in connection with this Agreement. Page 11 of 29 12. Termination 1. Without Cause: Either party may terminate this Agreement with 60 days’ written notice. 2. For Cause: Either party may terminate immediately upon material breach by the other party, if such breach is not cured within 30 days after written notice. 3. Effect of Termination: Contractor shall be compensated for services rendered and funds raised through the effective termination date. 13. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date. Client: Village of Mount Horeb, Wisconsin Name: ___________________________ Title: ___________________________ Signature: _______________________ Date: ___________________________ Consultant: LaCoona Consulting, LLC Name: Dennis R. Cooley Title: Owner Signature: _______________________ Date: ___________________________ Page 12 of 29 Page 13 of 29 Page 14 of 29 Page 15 of 29 Page 16 of 29 Page 17 of 29 Wisconsin’s Ethics Laws Recognizing and Avoiding Conflicts of Interest 2023 Local Government 101 Presented by Claire Silverman, Legal Counsel Maria Davis, Assistant Legal Counsel League of Wisconsin Municipalities, Ph. 608-267-2380 I. INTRODUCTION A. Coverage. This outline provides an overview of state laws that guide the actions of municipal officials when those officials (or a member of their family or an organization with which they are associated) have a financial or other special interest in a governmental matter. In particular, this outline provides an overview of the state ethics code applicable to local officials, the statute governing private interests in public contracts, statutory provisions defining official misconduct, and the compatibility doctrine. B. Identifying Potential Conflict Situations. The state statutes contain minimum standards of ethical conduct by local government officials. The statutes relating to ethics and conflicts of interest are interrelated and can be quite complicated. Problems in this area can be avoided primarily by using common sense and applying the “smell test.” Stated broadly, when an official, a member of the official's family or a business organization with whom the official is associated is involved in a municipal matter, the official needs to step back and question whether there are problems concerning his o r her involvement in the matter. The official may want to discuss the situation with the municipal attorney. Local officials may also contact the League's attorneys to discuss ethics issues. Sometimes it is not clear whether a conflict, as defined by sta te law, exists. In these gray areas, the official needs to balance the benefits of involvement (e.g., representing the electors, using the official ’s expertise) against the drawbacks (e.g., how it would look, the risk of violating a law). Sometimes, even if it may be legal to act on a matter, you may not feel comfortable doing so or it may not look good to do so. II. STATE CODE OF ETHICS FOR LOCAL GOVERNMENT OFFICIALS (Sec. 19.59, Stats.) A. Background. The state code of ethics for local officials was cr eated in the 1991 legislative session and took effect in 1992. The law applies to “ local governmental units, ” including Page 18 of 29 counties, cities, villages and towns, as well as special purpose districts, such as town sanitary districts. Sec. 19.42(7u), Stats. The law also covers joint bodies and subunits of local governmental units. The law was overseen by the State of Wisconsin Government Accountability Board (GAB). Effective June 30, 2016, 2015 Wis. Act 118 replaces the Government Accountability Board with separate commissions governing Ethics and Elections. B. Municipal Officials Affected. The state ethics code applies to “ local public officials” who hold “local public office.” Sec. 19.42(7w) and (7x), Stats. 1. “Local public office ” includes elected municipal officers; city and village managers, appointed municipal officers and employees who serve for a specified term; and officers and employees appointed by the governing body or executive or administrative head who serve at the pleasure of the appointing authority. 2. The term does not include independent contractors and persons who perform only ministerial (i.e., non-discretionary) tasks, such as clerical workers. In addition, the term omits officials and employees who are appointed for indefinite terms and are only removable for cause, such as police chiefs and fire chiefs. C. Prohibited Conduct. The state ethics law for local officials, sec. 19.59, Stats., prohibits the following conduct: 1. Use of Office for Private Gain . Public officials are prohibited from using their offices to obtain financial gain or anything of substantial value for the private benefit of themselves, their immediate families, or organizations with which they are associated. Sec. 19.59(l)(a), Stats. 2. Offering or Receiving Anything of Value. No person may give and no public official may receive “anything of value” if it could reasonably be expected to influence the local public official’s vote, official action or judgment, or could reasonably be considered as a reward for any official action or inaction. Sec. 19.59(l)(b), Stats. Note: This outline does not cover sec 19.59(1)(br). That section was created as part of a larger law aimed at campaign finance reform but the courts held the law was unconstit utional, and that particular section was held to be unseverable from the larger law. See Wisconsin Right to Life, Inc. v. Schober, 366 F.3d 485 (7th Cir. 2004) and Wisconsin Realtors Ass’n v. Ponto, 233 F. Supp. 2d 1078 (W.D. Wis. 2002). 3. Taking Action Affecting a Matter in Which Official Has Financial Interest. Local officials may not take official action substantially affecting a matter in which the official, an immediate family member, or an organization with which the official is associated has a substantial financial interest. Nor may an official use his or her office in a way that produces or assists in the production of a substantial benefit for the official, immediate family member or organization with which the official is associated. Sec. 19.59(1)(c), Stats. Page 19 of 29 a. Exceptions. The prohibitions under no. 3 above do not prohibit local officials from taking lawful actions concerning payments for employee salaries, benefits, or expense reimbursements. The above prohibitions also do not prohibit local officials from taking action “to modify” an ordinance. Sec. 19.59(1)(d), Stats. The State of Wisconsin Ethics Commission’s guidelines suggest that local officials can take action in situations where they are part of a similarly situated class of interests and their interest is not significantly greater or less than other members of that class or where the law will have general application (e .g., like an ordinance). For purposes of this exception, the Ethics Commission distinguishes between making and applying policy. See attached Ethics Guideline 1240, Mitigating Conflicting Interests. D. Definitions: 1. “Immediate Family” means an official's spouse or relative by marriage, lineal descent or adoption who receives, directly or indirectly, more than one -half of his or her support from the official or contributes, directly or indirectly, that amount for the official's support. Sec. 19.42(7), Stats. 2. “Organization” is broadly defined to cover “any corporation, partnership, proprietorship, firm, enterprise, franchise, association, trust or other legal entity other than an individual or body politic.” 3. “Associated” with an Organization. An official is “ associated” with an organization for purposes of the state ethics law when the individual or a member of the individual's immediate family is an officer, director or trustee, or owns at least 10% of the organization. An individual is not associated with an organization merely because the individual is a member or employee of an organization or business. Sec. 19.42(2), Stats. 4. “Anything of value ” means any money or property, favor, service, payment, advance, forbearance, loan, or promise of future employment, but does not include compensation and expenses paid by the state, fees and expenses which are permitted and reported under s. 19.56, political contributions which are reported under ch. 11, or hospitality extended for a purpose unr elated to state business by a person other than an organization. Sec. 19.42(1). E. Conflict Response: Withdrawal. Ethics Commission guidelines provide that when a matter in which a local official should not participate comes before a board, commission or other body which the official is a member of, the official should not participate in any portion of the body’s meeting involving discussion, deliberations, or votes related to the matter. When, because of a potential conflict of interest, an official withdraws from the body’s discussion, deliberation, and vote, the body’s minutes should reflect the absence. See Ethics 1232. F. Local Ordinances. Municipalities can adopt ethics ordinances that: • require disclosure of economic interests Page 20 of 29 • establish ethics boards • prescribe standards of conduct • establish forfeitures not exceeding $1,000 G. Ethics Advisory Opinions. Local officials may request advisory ethics opinions from the municipal ethics board or, if there is none, from the municipal attorney. o Effect of Opinion. The local ethics board or attorney may issue a written advisory opinion. If the official follows the advice in the opinion, it is evidence of intent to comply with the law. H. Penalties & Enforcement. Any person who violates the state ethics law may be required to forfeit up to $1,000. The law is enforced by the district attorney. I. Interpretation. The state code of ethics for local officials has not been interpreted in published court decisions. However, the State Ethics Commission has guidelines which are available online at https://ethics.wi.gov/Pages/Resources/ResourcesOverview.aspx . The guidelines include the following: 1. Citizen’s Guide to Standards of Conduct for Local Officials (ETH- 1202). 2. Receipt of Items and Services (for Municipal Judges) (ETH-1215). 3. Local Officials’ Receipt of Food, Drink, Favors and Services (ETH-1219). Local officials may accept and retain: (a) food, drink, lodging, items and services that are unrelated to their public service and could not reasonably be expected to influence official’s vote, official actions or judgment, nor reasonably be considered a reward for any official action or inaction; b) payment or reimbursement for costs relating to their work as public officials; and c) mere toke ns and items or services of only nominal, insignificant or trivial value. Ethics 1219 further provides that a local official should not accept or retain: (a) any item or service, including food, drink, and travel of more than nominal value that is offered because of their public position; (b) any item or service that could reasonably be expected to influence their vote, official actions or judgment; (c) any item or service that could be reasonably be considered a reward for official action or inaction; and (d) discounted transportation, traveling accommodations or communication services for which the supplier would normally charge. 4. Nepotism (ETH-1233) (this applies to state officials but may be of interest to local officials). 5. Disposition and Reporting of Gifts (ETH-1235). 6. Mitigating Conflicting Interests: Private Interest vs. Public Responsibility (ETH-1240). Ethics guideline 1240 states that an official may participate in actions of their municipality even though the action may affect the official, a member of the official’s family, or an organization with which the official is associated, as long as: (a) the action affects a class of similarly-situated interests; (b) the interest of the official, an immediate family member, or an organization with which the official is associated is not significant when compared to other members of the class; and (c) the action’s effect on the interests of the official, an Page 21 of 29 immediate family member or an organization with which the official is associated is not significantly greater or less when compared to other members of the class. 7. Letters of Reference (ETH-1244). 8. Seminars & Conferences (ETH 1222). This guideline is aimed at state public officials but is good advice. Generally, officials attending seminars and conferences may accept the meals and refreshments provided or approved by the event's organizer and approved by the local governmental unit. An official should generally not accept food, drink or entertainment offered outside of the conference or activities at hospitality suites, receptions or similar activities. III. PRIVATE INTERESTS IN PUBLIC CONTRACTS (Section 946.13, Stats.) A. General Prohibition. To protect against self dealing by public officials, sec. 946.13, Stats., generally prohibits municipal officials from having a private financial interest in a public contract. Thus, local governing body members are generally prohibited from entering into a contract for goods, services, construction or employment with the municipality. 1. Prohibition Against Official Action. A public official may not participate in the making of a contract in his or her official capacity if the official has a direct or indirect financial interest in the contract. Sec. 946.13(1)(b). Since this is a prohibition on official action, abstaining from voting on the contract will prevent violation. 2. Prohibition Against Private Action. A public official may not in his or her private capacity negotiate or bid for or enter into a contract in which the public official has a direct or indirect financial interest if the official is "authorized or required by law to participate in his capacity as such officer or employee in the making of that contract." Sec. 946.13(l)(a). This latter provision is a prohibition on private action and a public official cannot avoid violating it merely by abstaining from voting because all that is necessary for a violation to occur is that the official be authorized to vote on or exercise discretion with regard to a contract in which the official has a private financial interest and the official has negotiated, bid for, or entered into the contract. 3. Exceptions: a. $15,000. Contracts in which receipts and disbursements do not, in the aggregate, exceed $15,000 in any one year. This means that a municipal governing body member can enter into a total of $15,000 in business with the municipality in any calendar year. b. Bankers. Bankers who receive less than $10,000 per year for serving on the city council or village board are exempted, unless the banker’s compensation is directly dependent on procuring public business. Page 22 of 29 c. Attorneys. Partners in a law firm that serves as legal counsel to the municipality who receive less than $10,000 per year for serving on the city council or village board are exempted, unless the individual has an interest in the law firm greater than 2% of its net profit or loss; the individual participates in the making of a contract between the municipality and the law firm; or the individual's compensation from the law firm is directly dependent on procuring public business. d. 2% of stock. There is an exception from sub. (l)(b), the prohibition on official action, for persons who own no more than 2% of the stock of the corporation involved. 4. Penalty: Violation of the statute is a Class I felony and subjects the person to a fine of not more than $10,000, imprisonment for not more than 3 years and 6 months, or both. IV. INCOMPATIBILITY DOCTRINE. A. Common law Prohibition. The same person cannot hold two offices or an office and a position where, from a public policy perspective, it is improper for one person to discharge the duties of both posts. The Wisconsin Court of Appeals has held that serving in an office and a position, where one post is superior to the other, is improper from a public policy perspective. For example, in Otradovec v. City of Green Bay, 118 Wis. 2d 393 (Ct. App. 1984), the court held that a common council member could not work as an assistant appraiser in the city assessor's office. 1. Result. If a second office is taken that is incompatible with an existing office, the first office is vacated. In the case of office/position incompatibility, the outcome is unclear – person runs risk of losing first post, but court might allow choice. 2. General Rule of Thumb: Municipal governing body members may not hold other municipal offices or positions, unless specifically authorized by statute. This is because the governing body exercises control over such matters as the salaries, duties, and removal or discipline of most other municipal officers and employees. 3. Statutory Exceptions. a. Elected city, village and town officers can also serve as volunteer firefighters, EMTs or first responders when annual compensation from one or more of those positions, including fringe benefits, does not exceed $25,000 if the municipality has a population of 5,000 or less or $15,000 if the municipality has a population greater than 5,000. Sec. 66.0501(4). Wis. Stat. § 66.0501(4). b. Governing body members can serve on local boards and commissions if they receive no compensation other than a per diem and other board/commis sion members also receive the per diem. Wis. Stat. § 66.0501(2). c. Village trustees may be paid an hourly wage for serving as an employee if wages do not exceed $15,000 each year. Amounts may be paid in addition to compensation Page 23 of 29 for serving as trustee or as volunteer firefighter, emergency medical services practitioner, or emergency medical responder. Wis. Stat. § 61.327. d. Municipal governing body members may serve as county board supervisor. Wis. Stat. § 59.10(4). Related Statutory Provisions. 1. Section 66.0501(2) generally prohibits governing body members from taking municipal jobs. Under the statute: a. Governing body members are prohibited, during the term for which the member is elected, from taking new municipal jobs created during their term o f office even if they resign. b. A governing body member may be appointed to an office or position which was not created during the member's term in office as long as the member resigns first. c. Governing body members may run at any time for new or existing elective office, but the compatibility doctrine applies if elected and the official would be required to choose between the two offices. Individuals may run for two elected local offices at the same time. Sec. 8.03(2m). d. Governing body members may be appointed to serve on local boards and commissions (e.g., library board and plan commission) where no additional remuneration is paid to such officers except that such officers may be paid a per diem if other members of the board or commission are paid a per diem. 2. Section 59.10(4), Stats., provides that municipal governing body members may serve as county board supervisors. V. OTHER STATUTORY PROHIBITIONS A. Misconduct in Office. Section 946.12 is a criminal statute that prohibits public officers and employees from intentionally performing, or refusing to perform, certain acts. A violation of sec. 946.12 is punishable by up to two years in prison, a fine of up to $10,000, or both. 1. Section 946.12(1) prohibits a public official from intentionally failin g or refusing to perform a “ known mandatory, nondiscretionary, ministerial duty of his office or employment within the time or in the manner required by law.” 2. Section 946.12(2) prohibits a public official from doing an act which he or she knows is forbidden by law to do in an official capacity. 3. Section 946.12(3) provides that a public official may not, by an act of commission or omission, exercise a discretionary power in a manner inconsistent with the duties of office Page 24 of 29 or the rights of others, with an int ent to obtain a dishonest advantage for himself or another. B. Bribery. Section 946.10(2) prohibits public officials from taking bribes. Section 12.11 prohibits public officials from promising an official appointment or anything of value to secure votes. C. Sale to Employees Prohibited. No municipal department or member of a municipal governing body may sell or procure for sale any municipal article, material or product to city or village employee; except meals, public services and special equipment necessary to protect the employee’ s safety and health. Sec. 175.10. This statute is designed to prohibit governmental acquisition of products for resale to government employees. VI. A FINAL WORD Ordinances and Common Law Rules Relating to Ethics. This outline focuses on state statutes that establish minimum standards of ethical conduct for public officials. These laws provide a good starting point for local officials seeking to assure themselves that they are acting appropriately. However, municipal officials should be mindful of other relevant laws governing ethical issues. These include ordinances, local rules of procedure and the common law (i.e., published court decisions). For example, the W isconsin Supreme Court has held that members of a legislative body or municipal board are disqualified to vote on propositions in which they have a direct pecuniary interest adverse to the municipality. Board of Supervisors of Oconto County v. Hall, 47 Wis. 208 (1879). Additionally, many municipalities have adopted Robert's Rules of Order. (Newly Revised, 10 th ed) as their local rules of procedure. Section 4 5 of Robert's provides at p. 394: “No member should vote on a question in which he has a direct pe rsonal or pecuniary interest not common to other members of the organization.” (Note: There are several editions of Robert’s Rules of Order and so it is important to know which edition your municipality is using.) Page 25 of 29 Page 26 of 29 …Village of Mount Horeb …. Recreation Department 105 North Grove Street Mount Horeb, WI 53572 Phone (608) 437-3400 | Email: jill.dudley@mounthorebwi.info PARKS, RECREATION, AND FORESTRY COMMISSION May 26, 2026 Recreation Director’s Report 1. May Program Numbers: Program Name 2026 Participants 2025 Participant Numbers Body Wise Yoga (spring) NEW! 18 N/A Machine Pitch Baseball 50 42 T-Ball 143 125 Tennis (Adult Sess. 1) NEW! 6 N/A Water Exercise (Sess. 1 & 2) 34 17 2. Upcoming June Programs: Coach Pitch, Gymnastics, Tree Climbing (Sess. 1-3), YEL! Woodworking, YEL! Rocketry, Disc Golf, Viking Soccer Camp, Smiling Trolls Summer Camp (Sess. 1-4), Babysitting Class, Track, Speedball, Mountain Biking, Pottery Classes (throwing a mug, bowls on the wheel, clay gnome homes, clay coffee & donuts), Zumba, Swim Lessons (Sess. 1 & 2), Line Dancing (Sess. 1), Rugby (NEW), Ultimate Frisbee, 4’s Grass Volleyball League, Fit for Life, and Body Wise Yoga (Summer). 3. Our USTA Family Tennis Day event on May 20 went well! We had around 15 participants who all had a great time learning the sport of tennis. 4. Tatum Purin is back as our summer office assistant and started work on May 20. She is picking up right where she left off and will be a big asset to our department this summer. 5. We finally hired on a kids camp coordinator for the summer. Zander Duerst has joined our team and we are confident he will do a great job leading the camp. Our assistant for kids camp is Jacey Morin. 6. Maynard from the Madison Mallards will be attending the first day of our t-ball programs on May 30. All of our t-ball teams will have the opportunity to have Maynard cheering them on during their first practice. Once again, the Mallards have generously provided free hats for all players, with Buck & Honey's serving as the sponsor. 7. To date, we have sold 134 family pool passes and 18 individual passes. Last year at this time we were at 115 family and 19 individual pool passes sold. 8. Our pool staff orientation will be held on Wednesday, May 27 at 7:30 PM. We anticipate approximately 30 staff members attending. During the orientation, we will review pool policies and procedures, discuss expectations for the season, and participate in some fun team-building activities. HERITAGE COMMUNITY OPPORTUNITY Page 27 of 29 9. The pool will officially open for the season on Wednesday, June 10 from 1:00–7:00 PM. Prior to opening day, our lifeguards and admissions/concessions staff will participate in several in-service training sessions to ensure they are fully prepared for a safe, successful, and enjoyable summer season. 10. We will be reimbursing nine lifeguards for the full lifeguard certification course and one lifeguard for the lifeguard review course. The total amount was $2,280.00 which will be generously covered by a donation from the Mount Horeb Summer Frolic. 11. Pool party rentals opened on May 1, and we currently have 10 rentals booked for the season. Page 28 of 29 Village of Mount Horeb Public Services Department 138 E Main St Mount Horeb, WI 53572 Phone (608) 437-3351/Fax (608) 437-3190 www.mounthorebwi.info PARKS, RECREATION AND FORESTRY COMMISSION May 26, 2026 PUBLIC SERVICES DIRECTOR’S REPORT • Coplien Painting completed the painting of the wading pool, plunge pool and mushroom fountain the week of May 18. Cost of the project was $11,265. • Thrift Painting has power-washed the Liberty Park shelter and started staining the wood on May 21. • We completed our tree planting of 37 trees in early May and planted two trees at the library as part of our Arbor Day program. • We have continued our turf restoration at Liberty Park. We did a spot treatment of herbicide last week and this week we aerated and overseeded. We are also working on the soccer field at Sunrise Park to improve playing conditions there. • Brycen Olday started as a summer seasonal employee on May 11. On May 26, Andrew Kellesvig and Noah Gibbs will also be starting their summer seasonal positions. • We have been very busy cleaning up the storm damage from the winds in the early hours of May 16. Page 29 of 29