Village Board 11-19-24

[@DebiLeVasseur-t2n]

How is the President allowed to vote on an issue that personally involves him?

[@villageofsomersetwi]

For a village president, the ability to vote on matters directly involving them depends on the laws and regulations of the state, local government, and the specific situation. Here’s an outline of how this typically works: General Rules and Guidelines Conflict of Interest Laws Most states have laws that require elected officials, including village presidents, to abstain from voting on matters in which they have a direct financial or personal interest. Examples include voting on: Contracts involving their business or family members. Zoning changes benefiting their property. Issues where they might gain financially. Recusal and Disclosure If there is a potential conflict of interest, the village president is usually required to: Disclose the conflict to the board or council. Recuse themselves from the discussion and vote. Failure to do so may result in penalties, invalidation of the vote, or legal challenges. State-Specific Laws Some states provide clear statutes for local officials. For example: Wisconsin law (Wis. Stat. § 19.59) prohibits municipal officers from acting in their official capacity in a matter that results in financial gain for themselves, their family, or their business. Exceptions may exist if the conflict is disclosed, and the vote proceeds with approval from legal counsel or the ethics board. Village President’s Role in Tied Votes In many villages, the village president only votes to break a tie. However, even in this role, they cannot vote on matters where a conflict of interest exists. Practical Examples Permitted Action: Voting on a village budget where their interests are not uniquely affected. Prohibited Action: Voting to award a contract to a construction company they own. Accountability and Consequences If a village president violates conflict-of-interest rules: Decisions may be invalidated. The official may face legal, financial, or ethical repercussions. Residents or other board members can file complaints with an ethics board or pursue legal action. Summary for Village Presidents Village presidents are generally not allowed to vote on matters directly involving them if there is a financial or personal interest at stake. They must disclose the conflict and recuse themselves to maintain the integrity of the process. It’s always advisable for them to consult with the village attorney or an ethics board for guidance in unclear situations.