The following words and phrases, when used in this code, shall
have, unless the context clearly states otherwise, the meanings given
to them in this section:
ABUSE OF AUTHORITY
An arbitrary or capricious exercise of power of an official
or employee that adversely affects the rights of any person or that
results in personal gain or advantage to himself or herself or to
preferred other persons.
AGENCY
Any department, bureau, commission and board or other governmental
body within or established by a borough or Municipality, including
the Municipal Council.
APPOINTED OFFICE
Any position or office, with the exception of that of an
elected official, held by an employee who is required under the Public
Official and Employee Ethics Law to file an annual statement of financial interests with
the Municipal Manager and any position on the boards and commissions
of Monroeville.
APPOINTED OFFICIAL
A.
An individual holding an office named in the code or in any
other ordinance of this Municipality, to which he is named by the
Municipal Council, whether that individual serves full-time or part-time,
whether or not he receives compensation from the Municipality for
his services and whether or not he holds a single-named office or
is one of several individuals serving on a board, commission or authority.
B.
An individual employed by the Municipality on a full-time or
part-time basis, exercising supervisory authority over any other Municipal
employee and/or performing nonministerial action in connection with
Municipal affairs.
BUSINESS
Any corporation, partnership, sole proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual,
holding company, joint-stock company, receivership, trust or any legal
entity organized for profit.
BUSINESS DEALING WITH THE MUNICIPALITY
Any contract, service, work or business with, any sale, renting
or other disposition to, any purchase, leasing or other acquisition
from and any grant, license, permit or other privilege from the Municipality
or any Municipal board or commission and any performance of or litigation
with respect to any of the foregoing.
BUSINESS WITH WHICH HE OR SHE IS ASSOCIATED
Any business in which the person or a member of the person's
family is a director, officer, owner, employee or holder of stock
or percentage ownership exceeding 5% of the equity at fair market
value of the business or more than 5% of the assets of the economic
interests in indebtedness.
CANDIDATE or CANDIDATES
Any individual, individuals or slate of individuals seeking
any office which is filled by the vote of the electorate.
COMPENSATION
Any thing of economic value, however designated, which is
paid, granted, given, donated or transferred or to be paid, loaned,
granted, given, donated or transferred for personal services to any
person, official or employee of the Municipality.
CONFLICT OF INTEREST
Any situation in which a public official or public employee
is in a position where his or her vote or decision can result in a
financial benefit to himself or herself or a member of his or her
immediate family other than those benefits which may accrue to the
public generally.
ETHICS BOARD
A duly appointed and qualified Ethics Board of the Municipality
of Monroeville, comprised of three individuals who are not regular
employees or elected officials of the Municipality and who shall possess
qualifications necessary for carrying out their duties as members
of the Ethics Board and who shall be retained by the Municipality
to conduct investigations, swear witnesses, take testimony and make
appropriate determinations as to whether or not violations of this
chapter have been made.
FAMILY MEMBER
Any spouse, child, grandchild, parent, grandparent, sibling,
in-law, aunt, uncle, niece, nephew, ex-spouse, stepparent, stepchild,
half brother, half sister or the spouse of any such relative or person.
GIFT
A.
Anything which is received without consideration of equal or
greater value. "Gift" shall not include a political contribution otherwise
reported as required by law or a commercially reasonable loan made
in the ordinary course of business. "Gift" shall include, but not
be limited to, any payment, favor, gratuity, thing of value, service
or services, promise, discount, admission, performance of any act
or series of acts, entertainment, reward, loan which is not commercially
reasonable and made in the ordinary course of business or promise
of any of the preceding.
B.
"Gift" shall not include:
(1)
A political contribution reported as permitted by law;
(2)
A commercially reasonable loan made in the ordinary course of
business; or
(3)
A gift received from a relative.
GOVERNMENTAL BODY
Any department, commission, committee, council, board, bureau,
division, service office, office, administration, legislative body
or other establishment in the Municipal government or a political
subdivision thereof.
GROSS WASTE OF FUNDS
Unnecessary expenditure of substantial sums of money, or
a series of instances of unnecessary expenditures of smaller amounts.
INCOME
Any money or thing of value received or to be received as
a claim on future services, whether in the form of a fee, salary,
expense, allowance, forbearance, forgiveness, interest, dividend,
royalty, rent, capital gain or any other form of recompense or any
combination thereof.
PERSON
Any individual, union, association, committee, club or other
organization or group of persons.
PRIVILEGE
Any exemption, consideration, special treatment or advantage.
PUBLIC EMPLOYEE
Any individual employed by the Municipality of Monroeville,
with the exception of public officials.
PUBLIC OFFICE
Any elected or appointed office or position of the Municipality
of Monroeville.
PUBLIC OFFICIAL
Any elected or appointed official of the Municipality of
Monroeville.
RELATIVE
A member of an individual's immediate family and also that
individual's father, mother, grandfather, grandmother, son, daughter
or sibling, whether by blood, adoption or marriage, the latter including,
for example, stepparents, stepchildren, half brothers and half sisters.
RESPONDENT
Any person who is alleged to have or who is found to have
violated the code.