[HISTORY: Adopted by the Board of Commissioners of York County 12-19-2012 by Ord. No.
2012-02. Amendments noted where applicable.]
The purpose of this Code of Conduct ("code") is to define the
expected conduct of elected and appointed County officials. This code
consists of policies and implementing rules intended to advance the
County's goal of providing efficient and high quality services
to its residents, and providing a safe and productive work environment
for its employees.
A.
The County of York is a County governed by Commissioners who are
elected by the citizens of the County of York. The Commissioners,
with the assistance of their appointed officials, authorities, commissions
and boards, with varying degrees of autonomy, make policies and fundamental
governmental decisions. The County Administrator is charged with implementing
those policies and decisions and administrating the day-to-day affairs
of the County, with the assistance of his or her staff. The Commissioners
have direct authority over the County Administrator and the Solicitor.
B.
The Warden of York County reports to the Prison Board. The Administrator
of the County Nursing Home reports directly to the Commissioners.
All other employees of the County are under the direct authority of
the County Administrator, and the County Commissioners, except the
employees of the Row Officers and those that are employed in the Judicial
system.
C.
The compensation of the County Common Pleas Court Judges, the District
Justices and two Court Administrators is paid by the Commonwealth
of Pennsylvania. However, the County Code requires the County to provide
the necessary buildings, furnishings, equipment and compensation for
employees that are required by the judicial system, including the
remaining Row Officers, who fill the other elected offices in the
system. These include the District Attorney, the Register of Wills,
the Prothonotary, the Recorder of Deeds, the Clerk of Courts, the
Controller, the Treasurer, the Coroner and the Sheriff.
D.
This code establishes rules of integrity and civility that contribute
to the success of the basic structure of the County government and
to maintaining positive and effective working relationships between
all County officials and employees.
A.
This code addresses selective aspects of the governments of the County,
but does not replace any other laws that prescribe the legal responsibilities
of the County Commissioners. Those include, among others, the Pennsylvania
Constitution and the Constitution of the United States of America,
various provisions of the Purdon's Pennsylvania Statutes and
federal laws prohibiting discrimination, harassment and the provisions
of the County's own Code and the York County Policy Manual. Elected
and appointed officials should be familiar with these laws to assure
that they exercise their responsibilities properly. To that end, the
County will provide for periodic training through professional organizations,
which should be attended by all County officials.
B.
In addition, the County Solicitor is available to respond to questions
about these matters. It is not possible for a Code of this kind to
anticipate and provide a rule of conduct for all situations. It is
expected that officials will manage their behavior in a manner consistent
with the rules that follow, respect the chain of command and stay
within the bounds of their authority. It is also expected that officials
will treat each other, County employees, residents and business people
with courtesy and respect in a manner that reflects well on the County.
The York County Commissioners have adopted a Code of Conduct
for members of the County government to assure public confidence in
the integrity of local government and its effective and fair operation.
A.
Fidelity in office.
(1)
The residents, citizens and businesses of the County of York are
entitled to have a fair, ethical and accountable County government
which has earned the public's full confidence for integrity.
In keeping the County of York to a commitment of excellence, the effective
functioning of democratic government therefore requires that:
(a)
Public officials, both elected and appointed, comply with both
the letter and spirit of the laws and policies affecting the operation
of County government.
(b)
Public officials shall be independent, impartial and fair in
their judgment and actions.
(c)
Public office should be used for public good not for personal
gain.
(d)
Public deliberations and processes be conducted openly, unless
legally confidential, in an atmosphere of respect and civility.
(e)
Public officials, both elected and appointed, shall be thoroughly
familiar with the rules of law that apply to their offices.
(2)
The ethics sections of the state law, together with the York County
Policy Manual and York County Code, provide guidance on both ethical
issues and questions of what is right and what is wrong.
B.
Acting in the public interest. It is important to recognize that
stewardship of the public interest must be a primary concern of elected
and appointed officials, who shall work for the common good of the
people of the County of York and not for any private or personal interest.
They will assure fair and equal treatment of all persons, claims and
transactions coming before the County Commissioners, or its boards,
and County commissions and authorities.
(1)
Elected and appointed officials must comply with both the spirit
and letter of the law. Members shall comply with the laws of the United
States, Commonwealth of Pennsylvania and the policies and procedures
established in the County Code and County Policy Manual. The laws
applicable to elected and appointed officials are not limited to those
in the United States and Pennsylvania Constitution, but also all laws
that pertain to conflict of interest, election campaigns, financial
disclosure, employer responsibilities and open processes of government
and County ordinances and policies.
(2)
The professional and personal conduct of elected and appointed officials
must be above reproach and such so as to avoid even the appearance
of impropriety. Elected and appointed officials shall refrain from
abusive conduct, bullying, or verbal attacks upon the character or
motive of other appointed or elected officials and all employees of
County government.
(3)
Elected and appointed officials shall perform their duties in accordance
with the processes and rules of order established by the law, including
those policies specifically established by the Board of Commissioners
governing the deliberation of public policy issues, meaningful involvement
of the public and implementation of policies and decisions of the
County Commissioners.
(4)
Elected and appointed officials shall prepare themselves for public
issues, internal administrative issues and, where applicable, personnel
issues. Officials shall listen courteously and attentively to all
public discussions before any hearing or meeting and focus on the
business at hand. They shall refrain from interrupting other speakers,
making personal comments not germane to the business of the body,
or otherwise interfering with the orderly conduct of meetings.
(5)
Elected and appointed officials shall base their decisions on the
merits and substance of the matter at hand rather than on unrelated
considerations, and only after full and proper investigation of the
relevant facts and complete research of the applicable rules and principles,
so that such decisions are fully informed.
(6)
Elected and appointed officials shall publically disclose substantive
information that is relevant to a matter under consideration which
they may have received from sources outside of the public decisionmaking
process.
(7)
Because of the value of independent advice of authorities and boards
to the public decisionmaking process, members of the County Commission
and all elected and appointed County officials shall refrain from
using their position to unduly influence the deliberation or outcome
of authority boards and the meetings of the Board of Commissioners.
(8)
Elected and appointed officials shall support the maintenance of
a positive and constructive workplace for the County employees and
for citizens and businesses dealing with the County.
(9)
Elected and appointed officials shall recognize their special role
in dealing with County employees to in no way create the perception
of inappropriate direction to staff.
All elected and appointed officials should practice civility
and decorum in discussions and debates. Difficult questions, tough
challenges to a particular point of view and criticism of ideas and
information are legitimate elements of a free democracy in action.
This does not allow, however, appointed and elected officials to make
belligerent, personal, impertinent, slanderous, threatening, abusive
or disparaging comments. No shouting or physical action construed
as threatening will be tolerated.
A.
Respect the role of the chair in maintaining order. It is the responsibility
of the Chair to keep the comments of members on track during public
meetings. Members should honor efforts by the Chair to focus discussion
on current agenda items. If there is disagreement about the agenda
or the Chair's actions, these objections should be voiced politely
and with reason, following procedures outlined in parliamentary procedures.
B.
Avoiding personal comments that could offend other members. If a
member of the Commission or a board or authority is personally offended
by the remarks of another member, the offended member should make
notes of the actual words used and call for a "point of personal privilege"
that challenges the other member to justify or apologize for the language
used. The Chair will maintain control of this discussion.
C.
Independence of authorities, boards and departments. Because of the
value of the independent advice of authorities, boards and departments
to the public decisionmaking process, members of the Board of Commissioners
shall refrain from using their position to unduly influence the deliberation
or outcomes of authority, boards or department proceedings.
Elected and appointed officials shall support the maintenance
of a positive and a constructive workplace environment for County
employees and for citizens and businesses dealing with the County.
Elected and appointed officials shall recognize their special role
in dealing with County employees and in no way create the perception
of inappropriate direction to staff.
A.
Civil and cordial relations. Civil and cordial relations are critical
to the appropriate performance of governmental function. No elected
or appointed official shall bully or use threats or force upon any
person to accomplish any task. While sometimes a disciplinary action
must be taken, it should always be done in a civil and proper way,
following procedures of fairness and due process appropriate to the
question at hand. The constant and consistent theme through all of
the conduct guidelines is "respect." All elected and appointed officials
sometimes experience huge workloads and tremendous stress in making
decisions that could impact thousands of lives. Despite these pressures,
elected and appointed officials are called upon to exhibit appropriate
behavior at all times. Demonstrating respect for each individual through
words and actions is the touchstone that can guide elected and appointed
officials to do the right thing even in the most difficult situations.
Elected and appointed officials are composed of individuals with a
wide variety of backgrounds, personalities, values, opinions and goals.
Despite this diversity, all have chosen to serve in public office
in order to preserve and protect the present and future of the County.
In all cases, this common goal should be acknowledged even though
individuals may "agree to disagree" on contentious issues.
B.
Conflict of interest. In order to assure their independence and impartiality
on behalf of the common good, elected and appointed officials shall
not use their official positions to influence government decisions
in which they have an anterior, financial interest or where they have
an organizational responsibility or personal relationship, which may
give the appearance of a conflict of interest. In accordance with
the law, members shall disclose investments, interest in real property,
sources of income and gifts, and they shall abstain from participating
in deliberations and decisionmaking where conflicts may exist.
C.
Gifts, favors and misuse of authority. Elected and appointed officials
shall not take any special advantage of services or opportunities
for personal gain by virtue of their public office that is not available
to the public, in general. They shall refrain from accepting any gifts,
favors or promises of future benefits which compromise their independence
of judgment or action or give the appearance of being compromised.
D.
Confidential information. Elected and appointed officials shall respect
the confidentiality of information concerning the property, personnel
or affairs of the County. They shall neither disclose confidential
information without proper legal authorization nor use such information
to advance their personal, financial or other private interest.
E.
Use of public resources. Elected and appointed officials shall not
use public resources not available to the public such as County staff
time, equipment, supplies or facilities for private gain or personal
advancement or advantage of any kind.
F.
Leadership.
(1)
True leadership requires planning foresight. There are times when
adhering to the commitments of campaign promises or complying with
the demands of many vocal electors may not be in the long-term best
interest of the County population. It might not even be consistent
with established County policy. For example, adhering to a policy
of no tax increases is perennially popular. There may be times, however,
when modest increases in taxes now may avoid catastrophic tax increases
in the foreseeable future.
(2)
The final decision of elected and appointed officials, whether popular
or not, must be guided by the conscience of each elected and appointed
official. So long as it is a decision based upon an unbiased, complete
investigation, with knowledge of the probable consequences, which
are explained by the decisionmaker, the decision will be the right
one.
[Added 1-23-2013 by Ord. No. 2013-01]
A.
Purpose. The purpose of this section is to establish guidelines of
integrity and civility. It is not intended and shall not be interpreted
to conflict with or alter any rights, obligations, or duties of the
elected or appointed officials in the County of York that arise from
any constitution, law, regulation, standard, guideline or lawful custom.
B.
Salary and compensation. This section and any policies amended or
approved by the Board of Commissioners for inclusion in the York County
Policy Manual are not intended to and shall not alter, change, modify,
restrict, or in any way impinge on any rights granted to elected officials
by the Act of August 9, 1955, P.L. 323, § 1620, as amended
June 29, 1976, P.L. 460 No. 115, § 1, 16 P.S. § 1620
(the County Code of Pennsylvania).
