As used in this chapter, the following terms shall have the meanings
indicated:
AGENCY
Any department, bureau, authority, commission, board or other governmental
body within or established by the borough, including the Borough Council.
APPOINTED OFFICER
A.
An individual holding an office, named in the Borough Code or in any other ordinance of this borough, to which he is named
by the Borough Council, whether that individual serves full-time or part-time,
whether or not he receives compensation from the borough for his services
and whether or not he holds a single named office or is one (1) of several
individuals serving on a board, commission or authority.
B.
An individual employed by the borough on a full-time or part-time basis,
exercising supervisory authority over any other borough employee and/or performing
nonministerial action in connection with borough affairs.
BUSINESS
A.
Any entity organized for profit.
B.
Any nonprofit corporation or organization in which an individual is
employed or holds office.
ELECTED OFFICER
An individual holding a borough office in the choice of the electorate
and provided for in Article VIII of the Borough Code.
EMPLOYEE
An individual employed by the borough on a full-time or part-time
basis and not coming within the definition of "elected officer" or "appointed
officer."
GIFT
A payment, advance, forbearance, rendering or deposit of money, services
or anything of value, unless consideration of equal or greater value is received
by the donor, but shall not include:
A.
A political contribution otherwise reported as required by law.
B.
A commercially reasonable loan made in the ordinary course of business.
C.
A gift received from a relative.
IMMEDIATE FAMILY
The spouse of an individual and those related by blood, adoption
or marriage who are full-time residents of that individual's household.
MINISTERIAL ACTION
An action that an individual performs in a prescribed manner in obedience
to the mandate of legal authority, whether by law, ordinance or regulation
or in the instruction of a superior, and without regard to or the exercise
of the individual's own judgment as to the desirability of the action being
taken.
NONMINISTERIAL ACTION
An action that an individual performs as part of his official powers,
duties, authority or functions, in which he has authority to exercise discretion
or judgment as to the legality or desirability of the action being taken.
PERSON
An individual, partnership, association or corporation.
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 and half brothers and half sisters.
VALUABLE
Having a value of more than twenty-five dollars ($25.).
VALUE
The intrinsic worth, expressed in dollars, of anything, if that worth
is known or easily obtainable; otherwise a good-faith estimate of that worth.
No elected or appointed officer and no employee shall use his borough
office or employment in order to obtain any financial gain for himself, any
relative of his or any business with which he is connected. "Financial gain"
shall not apply to or include the authorized salary or other compensation
paid that individual by the borough and applicable to his office, position,
rank or class.
It shall be unlawful for any elected or appointed officer, for any employee
or for any candidate for elected office to accept from any other person or
to allow any of his relatives or any business with which he is connected to
accept any valuable thing, including a gift, loan, political contribution
or reward, based upon an understanding that the vote, official action or judgment
of the recipient will be influenced by that action.
It shall be unlawful for any elected or appointed officer or for any
employee to appear in behalf of another private interest before any agency
of the borough or to represent any private interest in any action or proceeding
against the interests of the borough in any litigation to which the borough
is a party.
It shall be unlawful for any elected or appointed official or for any
employee, without proper authorization, to disclose confidential information
concerning the property, government or affairs of the borough; nor shall any
such officer or employee use that information to advance the financial, personal
or private interest of himself or any other person.
It shall be unlawful for any elected or appointed officer or for any
employee to engage in or accept employment or to render services for any public
or private agency or entity when that employment or service is incompatible
with the proper discharge of his official or designated or assigned duties
for the borough or would tend to impair his independence of judgment or action
in the performance of those borough duties.
It shall be unlawful for any elected or appointed officer or for any
employee to grant any special consideration to any person or individual beyond
that which is available to every other person or individual.
It shall be unlawful for any elected or appointed officer or for any
employee to use or to request or permit the use of any vehicle, equipment,
material or property owned or under the control of the borough for the convenience
or profit of himself or any relative or business associate, except under conditions
when that use is available to the public generally or is provided as borough
policy.