If any provision of this Charter is held invalid,
the remaining provisions of this Charter shall not be affected thereby.
If the application of this Charter or any of its provisions to any
person or circumstances is held invalid, the application of this Charter
and its provisions to other persons or circumstances shall not be
affected thereby.
Unless provided specifically otherwise, the
requirement of public notice of this Charter shall include the procedures
which follow:
A.
Legal advertising: publication in one (1) or more
newspapers of general circulation in the township, one (1) of which
shall be printed in the township, if such a newspaper exists.
B.
Posting: posting in the Township Building, the Memorial
Library of Radnor Township and such other places as the Board may
direct in locations readily accessible to the general public within
the township.
C.
Public availability. Copies of the subject matter
so advertised and posted shall be made available for inspection by
members of the public at the Township Building during regular working
hours or at any meeting of the Board at which the subject is being
considered by the Board. Such copies shall be made available to members
of the public free of charge or at a reasonable price as authorized
by the Board.
Notwithstanding other provisions of this Charter,
any elected or appointed official and any employee of the township
may hold an appointment (inactive duty) in any component of the Armed
Forces or uniformed services of the United States or the National
Guard of a state or commonwealth.
A.
The activities which follow shall be prohibited in
the operation of the township government:
(1)
Discrimination. No person shall, in employment by
the township in any capacity or appointment to any board, commission
or authority or removal therefrom, be favored or discriminated against
because of age, race, national origin, sex, handicap or political
or religious opinions or affiliations in violation of applicable federal
or state laws. No person shall be accorded favored treatment in employment
or appointment because of a family relationship.
(2)
Improper gifts. No person who seeks appointment on
any township board, commission or authority or employment by the township
in any capacity shall, directly or indirectly, give or pay any money,
service or other consideration to any person in connection with such
appointment or employment. In addition, no elected or appointed township
official or employee shall receive any money, service or other consideration
in connection with such appointment or employment.
(3)
Political party office. No township official elected
under this Charter, no appointed official and no full-time township
employee shall hold any elected or appointed political party office.
(4)
Improper political influence. No elected or appointed
township official and no employee of the township shall request any
township employee to make a political contribution or engage in political
activity.
(5)
Other government service. No township official elected
or appointed to an elective office under this Charter and no full-time
township employee shall hold any other township employment or any
other elective or appointive township position. No township official
elected or appointed to an elective office under this Charter and
no full-time township employee shall hold any full-time employment
or any other elective position with Delaware County or the Commonwealth
of Pennsylvania. This provision shall not apply to employees of school
districts or of other educational institutions.
(6)
Ex parte communications. All proceedings of a quasi-judicial
character required to be determined on the record by the Board or
any other township board, commission or authority shall be determined
solely upon the evidentiary record and the arguments of the parties
to the proceeding or their counsel, properly made in the regular course
of the proceedings. No member of the Board or of any other township
board, commission or authority or any township employee or representative
assisting in the determination in any such proceeding shall communicate,
directly or indirectly, with any party or his or her representative
in connection with any issue involved, except upon notice and opportunity
for all members of the Board or other township board, commission or
authority involved and parties to the proceeding to participate. If
any member of the Board or any other township board, commission or
authority receives a communication or authority receives a communication
orally or in writing from any person with respect to any such proceeding,
the member shall disclose the communication to all other members and
furnish them and all parties to the proceeding with a memorandum of
the oral communication or a copy of the written communication.
B.
Violation of any provision of this section shall constitute
grounds for forfeiture of office, termination of appointment or dismissal.
A.
No elected or appointed official of the township and
no township employee shall engage in any activity as follows:
(1)
Take any action as a result of information acquired
as a township official, from which action the township official or
employee or any other person or entity in whose welfare the official
is interested shall realize a gain or advantage. Such action shall
not, however, be construed to be prohibited if the gain or advantage
were realized generally by a group or class of citizens as the purposeful
result of such action.
(2)
Solicit or accept directly or indirectly, any gift,
favor, service, commission or other consideration that might reasonably
tend to influence that official or employee in the discharge of the
duties of office.
(3)
Seek to influence, directly or indirectly, the awarding
of any contract where such township official or employee or other
person or entity in whose welfare the official or employee is interested
would benefit, directly or indirectly, financially or otherwise, from
said contract.
B.
Disqualification from action. Any elected or appointed
official and any employee of the township, having a direct or indirect
financial interest with any person or business entity proposing to
contract with the township for the purchase or sale of land, materials,
supplies or services of any kind or seeking formal action of the Board
or any petition application, request or appeal, whether that interest
is as an employee, a party, a partner or a stockholder, shall disclose
fully said interest and, except where stock holdings in a public corporation
shall be minimal, shall not participate in the discussion or formal
action relating thereto. Violation of the provisions of this section
shall render the contract or such actions voidable by the township.
C.
Disclosure of ownership of real property. All elected
officials, the Township Manager and all appointed officials shall,
upon taking office, file with the Township Secretary a statement of
direct, indirect or beneficial ownership of real property in the township
or direct, indirect or beneficial interest in any corporation, partnership
or joint venture owning real property in the township. Such statement
shall be revised promptly as required by any change in ownership.
D.
Violation. Willful violation of any provision of this
section shall constitute malfeasance in office which, and except as
may otherwise be provided by law, shall be a summary offense punishable
by the maximum fine, including double the pecuniary gain derived from
the offense, or by imprisonment as provided by law. Conviction of
such a violation by an official or appointed official or employee
shall result in forfeiture of office, termination of appointment or
dismissal, and any elected or appointed official or employee so convicted
shall thereafter be ineligible to hold office or employment with the
township.
All records shall be retained or disposed of
in accordance with the provisions of the Municipal Records Act, as
amended.[2]
The Board shall not have the authority to create,
alter or abolish any township elective office except as provided otherwise
herein.
As used in this Charter, the term "elected officials"
of the township shall mean the seven (7) members of the Board and
the Treasurer of the township. The term "appointed officials" of the
township shall mean members of those boards, commissions and authorities
appointed by the Board, the Township Secretary, the Township Solicitor,
the Township Manager, department heads and administrative officers
who are appointed by the Manager subject to approval of the Board.
The term "employees of the township" or its equivalent shall include
the Township Manager, the Township Secretary, all department heads,
all administrative officers and all other persons employed by the
township.
This Charter may be amended or repealed in the
manner provided by law.
This Charter shall become effective on the first
day of January 1977, except for the transition provisions which shall
become effective upon adoption of this Charter.
