[HISTORY: Adopted by the Township Council of the Township of Lower
by Ord. No. 83-17 (Secs. 2A-8.1 through 2A-8.6 of the 1975 Code). Amendments
noted where applicable.]
The proper operation of government requires that public officials and
employees be independent, impartial, and responsible to the people; that governmental
decisions and policy be made through the proper channels of the governmental
structure; that a public office not be used for personal gain; and that the
public have confidence in the integrity of its government. In recognition
of these goals there is hereby established a Code of Ethics for all officials
and employees, whether elected or appointed, paid or unpaid in the Township.
The purpose of this code is to establish ethical standards of conduct for
all such officials and employees by setting forth those acts or actions that
are incompatible with the best interest of the Township and by directing disclosure
by such officials and employees of private financial or other interests in
matters affecting the Township. The provisions and purpose of this code and
such rules and regulations as may be established are hereby declared to be
in the best interests of the Township of Lower.
Public officials and employees are agents of the public and hold office
for the benefit of the public. They are bound to uphold the Constitution of
the United States and the Constitution of this state and to carry out impartially
the laws of the nation, state, and the Township of Lower and thus to foster
respect for all government. They are bound to observe in their official acts
the highest standards of morality and to discharge faithfully the duties of
their office regardless of personal considerations, recognizing that the public
interest must be their primary concern. Their conduct in both their official
and private affairs should be above reproach.
Public officials and employees, whether appointed or elected, full time
or part time, paid or unpaid, should conduct their official duties with integrity,
impartiality, and in the public interest. They also should conduct both their
official and private affairs so as not to give a reasonable basis for the
impression that any such official or employee can be improperly influenced
in the performance of their official duties. Such officials or employees should
so conduct themselves as to maintain public confidence in their performance
of their public trust and in the government they represent. They should not
be a source of embarrassment to that government and should avoid even the
appearance of conflict between their public duties and private interests.
A.
All officials and employees of the Township of Lower
should be loyal to the objectives expressed by the electorate and the programs
developed to attain those objectives. Appointed officials and employees should
adhere to the rules of work and performance established as the standard for
their positions by the appropriate authority.
B.
Officials and employees should not exceed their authority
or breach the law or ask others to do so, and they should work in full cooperation
with other public officials and employees unless prohibited from so doing
by law or by officially recognized confidentiality of their work.
A.
Interest in appointment. Canvassing of members of the
Township Council, directly or indirectly, in order to obtain preferential
consideration in connection with any appointment to the Township service shall
disqualify the candidate for appointment except with reference to positions
filled by appointment by the Township.
B.
Use of public property. No official or employee shall
request or permit the use of Township-owned vehicles, equipment, materials,
or property for personal convenience or profit, except when such services
are available to the public generally or are provided as Township policy for
the use of such official or employee in the conduct of official business.
C.
Obligations to citizens. No official or employee shall
grant any special consideration, treatment, or advantage to any citizen beyond
that which is available to every other citizen.
D.
Ex parte communications.
(1)
No official or employee should encourage, make or accept
any ex parte or other unilateral application or communication that excludes
the interests of other parties in a matter under consideration when such application
or communication is designed to influence official decision or conduct of
the officials themselves or other officials, employees, or agencies in order
to obtain favored treatment or special consideration to advance the personal
or private interests of themselves or others. The purpose of this provision
is to guarantee that all interested parties to any matter have equal opportunity
to express and represent their interests.
(2)
Any written ex parte communication received by an official
or employee in matters where all interested parties should have equal opportunity
for a hearing should be made part of the record by the recipient.
(3)
Any oral ex parte communication received under such conditions
should be written down in substance by the recipient and also made a part
of the record.
(4)
A communication concerning only the status of a pending
matter is not regarded as an ex parte communication.
E.
Discrimination in appointments. No person shall be appointed
to or removed from or in any way favored or discriminated against with respect
to any appointed administrative office because of race, religion, national
origin, sex, or political opinions or affiliations, if otherwise qualified
for the position or office. However, this provision does not impair administrative
discretion in determining the requirements of a position or in job assignment
of a person holding such position, subject to review by the Civil Service
(Merit) System authority established for that purpose.
A.
No Council person or other official or employee, whether
paid or unpaid, shall engage in any business or transaction or shall have
a financial or other personal interest, direct or indirect, which is incompatible
with the proper discharge of their official duties in the public interest
or would tend to impair their independence of judgment or action in the performance
of their official duties. Personal as distinguished from financial interest
includes an interest arising from blood or marriage relationships or close
business or political association.
B.
Specific conflicts of interest are enumerated below for
the guidance of officials and employees:
(1)
Incompatible employment. No Council person or other official
or employee shall engage in or accept private employment or render services
for private interests when such employment or services is incompatible with
the proper discharge of their official duties or would tend to impair their
independence of judgment or action in the performance of their official duties.
(2)
Disclosure of confidential information. No Council person
or other official or employee shall, without proper legal authorization, disclose
confidential information concerning the property, government, or affairs of
the Township, nor shall he use such information to advance the financial or
other private interest of himself, herself or others.
(3)
Gifts and favors. No Council person or other official
or employee shall accept any valuable gift, having value in excess of $10,
whether in the form of service, loan, thing, or promise, from any person,
firm or corporation which to their knowledge is interested directly or indirectly
in any manner whatsoever in business dealings with the Township; nor shall
any such official or employee:
(4)
Representing private interests before Township agencies
or courts.
(a)
No Council person or other official or employee whose
salary is paid in whole or in part by the Township shall appear in behalf
of private interests before any agency of the Township. They shall not represent
private interests in any action or proceeding against the interests of the
Township in any litigation to which the Township is a party.
(b)
A Council person may appear before Township agencies
on behalf of constituents in the course of their duties as a representative
of the electorate or in the performance of public or civic obligations. However,
no Council person or other official or employee shall accept a retainer or
compensation that is contingent upon a specific action by a Township agency.
(5)
Contracts with the Township.
(a)
Any Council person or other official or employee who
has a substantial or controlling financial interest in any business entity,
transaction, or contract with the Township, or in the sale of real estate,
materials, supplies, or services to the Township, shall make known to the
proper authority such interest in any matter on which they may be called to
act in their official capacity. They shall refrain from voting upon or otherwise
participating in the transaction or the making of such contract or sale.
(b)
A Council person or other official or employee shall
not be deemed interested in any contract or purchase or sale of land or other
thing of value unless such contract or sale is approved, awarded, entered
into, or authorized by them in their official capacity.
(6)
Disclosure of interest in legislation.
(a)
A Council person who has a financial or other private
interest in any legislation shall disclose on the records of the Township
Council or other appropriate authority the nature and extent of such interest.
This provision shall not apply if the Council person disqualifies himself
from voting.
(b)
Any other official or employee who has a financial or
other private interest, and who participates in discussion with or gives an
official opinion to the Township Council, shall disclose on the records of
the Township Council or other appropriate authority the nature and extent
of such interest.
(7)
Investments in conflict with official duties. No Council
persons or other officials or employees, whether paid or unpaid, shall possess
any substantial or controlling investment, direct or indirect, in any financial,
business, commercial, or other private transaction which creates or may create
a conflict with their official duties, nor shall they invest to such degree
in any business regulated or licensed by or doing business with the Township
in which they are employed, or be a party to any transaction on which they
may be called to make a decision in their official capacity. In the event
such officials or employees should possess such substantial or controlling
interest in any transaction, any presumption of conflict of interest with
their public duties shall be removed by their disclosure of the nature and
extent of such investment to the proper authority for the records of that
authority.
(8)
Disclosure of income. An official or employee, whether
paid or unpaid, who has a direct or indirect financial or other interest in
any transaction, the disposition of which may be influenced by their official
position or action, shall disclose all sources of income and the nature and
extent of any personal interest in such transaction as an officer, agent,
member, or owner of any business entity or other association which is subject
to regulation by the Township when such income or interest may represent a
substantial conflict of interest with their official duties. Such disclosure
shall be made on the records of the authority constituted for that purpose
or to the appointing authority. Such disclosure may be made periodically at
the time(s) designated for all such classes of officials or employees. Such
disclosure shall remove any presumption of conflict of interest for any transaction
where the information disclosed is pertinent.
