Generally speaking, the answer is no with a limited exception. The governing body member risks committing a felony if he or she sells cars to the municipality. Indeed, the officer would be in danger of committing a felony simply by submitting price quotes or a bid to the municipality. Wis. Stat. sec. 946.13 generally prohibits municipal officials from having a private financial interest in a public contract. As a result, local officials are generally prohibited from entering into a contract for goods, services, construction or employment with the municipality.

Specifically, sec. 946.13(1)(b) provides that 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. Since this is a prohibition on official action, abstaining from voting on the contract will prevent violation.

However, sec. 946.13(1)(a) provides that 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. This latter provision is a prohibition on private action. A public official cannot avoid violating it merely by abstaining from voting. 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.