[HISTORY: Adopted by the Council of the City
of Easton 5-14-2008 by Ord. No. 5085. Amendments noted where applicable.]
[Amended 4-26-2023 by Ord. No. 5823; 10-11-2023 by Ord. No. 5838]
No officer, Council person, elected official,
member or employee of Easton City government to whom this Code of
Ethics applies shall:
A.
Engage in or have financial or other personal interest
in any business or transaction, direct or indirect, which is incompatible
with the proper discharge of his or her official duties.
B.
Engage in or accept private employment or render services
for private interests when such employment of service is incompatible
with the proper discharge of his or her official duties.
C.
Utilize information concerning the property, government
or affairs of the municipal government or municipal authority or agency
to advance the financial or other private interest of him or her or
others.
D.
Accept gifts or other things of value in return for
a favorable decision or vote. In all but de minimis cases, gifts received
must be publicly recorded and submitted to the City Clerk, specifying
the date received, the names and addresses of the donor, and the value
of the gift. Under no circumstances shall officials or employees of
the City or its authorities and agencies solicit gifts of any kind.
A gift having a value in excess of $25 may not be considered de minimis.
The term "gift" for the purposes of this chapter means any gratuity,
benefit, or any other thing of value which is accepted by, paid for,
or given to a City employee, elected official, or appointed official
or by another on their behalf, either directly or indirectly, without
consideration of equal or greater value.
E.
Represent private interest in any action or proceeding
against the Easton municipal government, municipal authority or agency.
F.
Vote on or participate in the negotiation or the making
of any contract in which he or she has a financial interest, direct
or indirect.
H.
Apply for and receive any publicly funded grant dollars provided
by the City of Easton and/or any subsidiary in any amount to assist
with improving their personal or rental property or business.
Any officer, Council person, elected official,
member or employee to whom this Code of Ethics applies who shall have
any private financial interest, direct or indirect, in any business
or transaction pending before the Easton municipal government or any
municipal authority or agency shall disclose such private interest
to the City Clerk and to the board of the authority or agency, and
it shall be made a matter of permanent record. The said officer, member,
or employee shall disqualify himself or herself from participating
in any decision or vote relating to such business or transaction.
No officer, Council person, elected official,
member, or employee of the Easton municipal government, municipal
authority or agency to whom this Code of Ethics applies shall use
any public property for personal benefit or profit. No personnel,
equipment, facilities, vehicles or any other property of the City
may be used by employees or officials for private use.
No officer, Council person, elected official, member, or employee of the City of Easton government, municipal authority or agency shall violate the provisions as set forth in § C-7.02A of the City of Easton Home Rule Charter.
The violation of any section of this Code of
Ethics shall be punishable as follows:
A.
By admonition; public censure; recommendation of a suspension or a termination in compliance with existing personnel practices and collective bargaining agreements; referral to the appropriate authorities for criminal prosecution in cases where a violation of this chapter is also a violation of federal or state law; ineligibility for holding any office or position within the City for a period of up to five years, as set forth in § C-7.02B of the City of Easton Home Rule Charter; imposition of a fine not to exceed $1,000 per violation; imposition of an administrative fine of not more than $1,000 to defray the actual cost and expense of investigating any violation.
B.
Any person who realizes financial gain by way of a
violation of any provision of this chapter, in addition to any other
penalty provided by law or this chapter, shall pay into the treasury
of the City a sum of money up to the financial gain resulting from
the violation. The Board of Ethics shall determine the amount of financial
gain realized.
C.
Any public official, public employee, person, corporation,
company or other entity found to have participated in or benefited
from a violation of this Code of Ethics may be barred from participating
in business dealings with the City for a period of time not to exceed
five years, said period of time to be determined by the Board of Ethics,
in addition to being subject to any other penalty prescribed by this
chapter.
D.
Any contract between the Easton municipal government, municipal authority or agency to which this Code of Ethics applies and another party shall be voidable or rescindable at the option of City Council at any time within a period of 90 days from the date of execution of such contract if any officer, Council person, elected official, member or employee of the Easton City government or any municipal authority or agency thereof has any financial or personal interest in such contract and does not disclose such interest in accordance with § 54-2 of this article.
A.
Composition and structure of the Board.
(1)
Composition. The Board established by the City of Easton Home Rule Charter and this chapter shall be composed of five residents of the City of Easton who shall be appointed pursuant to Article III, § C-3.01C of said Home Rule Charter.
(2)
Terms of service. Members of the Board shall serve
for terms of three years, except that members shall continue to serve
until their successors are appointed and qualified. The terms of the
initial members shall be staggered, with one member serving a term
of one year, two members serving for two years, and two members serving
for three years.
(3)
Vacancy. An individual appointed to fill a vacancy
occurring other than by the expiration of a term of office shall be
appointed for the unexpired term of the member he/she succeeds and
is eligible for appointment thereafter according to the terms herein.
(4)
Election of Chairperson and Vice Chairperson. The
Board shall elect a Chairperson and a Vice Chairperson annually at
a meeting held in July. The Vice Chairperson shall act as Chairperson
in the absence of the Chairperson or in the event of a vacancy in
that position.
(5)
Quorum. A majority of the members of the Board shall
constitute a quorum; however, the votes of a majority of the members
are required for any action or recommendation of the Board.
(6)
Meetings. The Board shall meet at the call of the
Chairperson or at the call of a majority of its members.
(7)
Investigative officer. The Board shall appoint an
investigating officer. The Board shall determine an amount to be paid
as reasonable compensation to the investigating officer as payment
for such services. The investigating officer shall be a member of
good standing of the Northampton County Bar and shall have been so
for at least five years. The investigative officer need not be a resident
of the City of Easton and shall not be a Board member. The investigating
officer is authorized to retain the services of investigators and
may only delegate nondiscretionary functions.
B.
Powers and duties. The powers and duties of the Board
of Ethics may be summarized as follows:
(1)
Upon the written request of any public official or
City employee, or without such request should the majority of the
Board deem it in the public interest, the Board may render advisory
opinions concerning matters of governmental ethics; shall consider
questions as to ethical conduct, conflicts of interest and the application
of ethical standards set forth in this chapter; and shall issue advisory
opinions in writing as to any such question. The Board may in its
discretion publish its advisory opinions with any redactions necessary
to prevent disclosure of the identity of the person who is the subject
of the opinion. An advisory opinion may be used as a defense in any
subsequent investigation or prosecution, provided that the official
or employee who sought the opinion did so in good faith and only to
the extent material facts were not misrepresented in the request for
the opinion.
(2)
Receive and dispose of complaints of violations of
the ethics provisions of the Charter and this Code of Ethics and exercise
discretion in declining to pursue an investigation if such a course
would be in the best interest of the citizens of Easton or where the
activity complained of amounts to no more than a de minimis violation.
(3)
Appoint an investigating officer to conduct investigations
and to issue findings reports where appropriate.
(4)
Hold hearings, issue subpoenas and compel the attendance of witnesses, administer oaths, take testimony, require evidence on any matter under investigation before the Board, and issue orders, including but not limited to those related to adjudications and penalties set forth in § 54-5 of this chapter.
(5)
When necessary, hire independent counsel.
C.
Complaint procedure.
(1)
Who may file. Any person may file a complaint about
alleged violation of the Easton Code of Ethics or the City Charter.
In addition, the Board may initiate proceedings. A person signing
a complaint shall:
(2)
How to file. Complaints must be submitted on forms
provided by the Board. The Board shall make this form available upon
request. The complaint shall state the name, job or office held by
the alleged violator and a description of the facts that are alleged
to constitute a violation. The form must contain a notarized signature
subject to the penalties of 18 Pa.C.S.A. § 4904 relating
to unsworn falsification to authorities. Complaints are to be sent
in a sealed envelope to the Investigating Officer of the Board of
Ethics, c/o the City Clerk.
D.
Jurisdiction; preliminary investigation.
(1)
Each complaint filed with the Board shall be immediately
directed to and preliminarily reviewed by an investigating officer
appointed by the Board (the "Officer") to determine whether the complaint
falls within the jurisdiction of the Board. The aforesaid determinations
shall be made within 30 days of the filing of the complaint. If the
Officer determines that the Board does not have jurisdiction over
the matter underlying the complaint, the complainant will be notified
and no further action will be taken. If, however, the Officer determines
that the complaint falls within the jurisdiction of the Board, the
Officer shall authorize a preliminary investigation.
(2)
The preliminary investigation shall be initiated and
accomplished at the sole direction of the Officer. If the Officer,
in his/her sole discretion, finds that the violation(s) as alleged
in the complaint would, if proved, constitute a de minimis infraction,
he/she may decline to initiate a preliminary investigation and dismiss
the complaint if to do so would be in the best interest of the citizens
of Easton.
(3)
At the onset of the preliminary investigation, the
Officer shall notify both the complainant and the subject of the investigation
of the filing of the complaint, the nature of the same, and the initiation
of a preliminary investigation.
(4)
The preliminary investigation shall be completed within
60 days of the Officer's finding of jurisdiction.
(5)
If at any time during the preliminary investigation,
an extension is necessary and justified, the Officer shall have additional
time in thirty-day segments. The Officer shall timely notify both
the complainant and the subject of the investigation of each such
extension.
(6)
At the conclusion of the preliminary investigation,
the Officer shall determine whether there may exist facts to support
the complaint. If the inquiry fails to establish such facts, the Officer
shall dismiss the complaint and notify both the complainant and the
subject of the complaint of the dismissal of the complaint. If, however,
at the conclusion of the preliminary investigation the Officer determines
that there may exist facts to support the complaint, the Officer shall
authorize a full investigation.
E.
Full investigation. If a preliminary investigation
uncovers facts to support the complaint, the Officer shall authorize
a full investigation. The complainant and the subject of the investigation
shall be notified within three days of the initiation of a full investigation,
and the subject shall be notified of the identity of the complainant.
Until the investigation is concluded or terminated, the Officer will
notify both the complainant and the subject of the investigation of
the status of the investigation at least every 90 days. Within 180
days of the initiation of the full investigation, the Officer must
either terminate the investigation or issue a findings report on the
subject.
F.
Findings report. The findings report shall set forth
the pertinent findings of fact as determined by the Officer. The Officer
shall deliver the findings of fact to the complainant and the subject
of the investigation. If no violation of the Code of Ethics was found,
the Officer shall dismiss the complaint. If the subject of the investigation
was found to be in violation of the Code of Ethics, the subject may,
within 30 days of the report, request an evidentiary hearing, unless
an extension is obtained from the Officer. When such a request is
received by the Officer, the Officer shall immediately notify the
Board of the request for a hearing and the names of the parties involved.
The Board shall, upon receipt of such notice, engage two attorneys:
one to represent the facts in support of the complaint and one to
advise the Board in matters related to the evidentiary hearing. No
City Solicitor or any other attorney appointed to serve the City in
any capacity may be engaged for this purpose. If no request for an
evidentiary hearing is received, the Officer will forward the findings
report to the Board for its decision and final order.
G.
Evidentiary hearing.
(1)
Timing. An evidentiary hearing must be held within
45 days of the filing of a request for same.
(2)
Evidence. The subject of the investigation shall have
reasonable access to any evidence intended to be used at a hearing.
The subject of the investigation shall have the opportunity to be
represented by counsel and to subpoena witnesses, present evidence,
cross-examine witnesses against him/her, submit argument and shall
be entitled to exercise all rights of confrontation and the like afforded
him/her by the United States Constitution and the Pennsylvania Constitution.
(3)
Closed hearing. The hearing shall be closed to the
public unless the subject requests an open hearing, in writing, to
the Board at least five days before the hearing.
H.
Decision by the Board; final order. At the conclusion
of the evidentiary hearing or upon receipt of the findings report,
the Board will determine by majority vote whether the evidence supports
a finding that the subject of the complaint violated provision(s)
of either the City of Easton Home Rule Charter or the Code of Ethics.
Upon reaching a determination on the complaint, the Board shall issue
a final order. A copy of said final order shall be immediately delivered
to both the complainant and the subject of the complaint.
I.
Petition for reconsideration. A subject, having been
found to have violated a provision of the Charter or Code, may file
a petition for reconsideration of the Board's decision. Such petition
shall be filed with the Board within 10 days after the Board issues
its final order.
J.
Protection of complainant. No person may be penalized,
nor any employee of the City be discharged, suffer change in his/her
official rank, grade or compensation, be denied a promotion or threatened,
for a good faith filing of a complaint with the Board or for providing
information or testifying in any Board proceeding.
K.
Confidentiality of Board information. All Board proceedings
and records relating to an investigation shall be confidential until
a final determination is made by the Board, except as may be required
to effect due process. The final order shall become a public record
once the subject has exhausted all appeal rights or has failed to
timely exercise such rights. All other file material shall remain
confidential.
L.
Wrongful use of the Board of Ethics. The purpose of the Board of Ethics is to endeavor to maintain a high standard of ethical behavior by City employees and officials. This will be most effective when City employees, officials, and citizens work together to set and maintain high ethical standards. Complaints directed to the Board must be based on fact. Those filing complaints must have the intent to improve the ethical climate of the City. Wrongful use of the code is prohibited, and those individuals engaged in such conduct may be subject to penalties as set forth in § 54-5. Wrongful use of the Code of Ethics is defined as:
(1)
Filing an unfounded, frivolous, or false complaint.
A complaint is unfounded, frivolous or false if it is filed in a grossly
negligent manner without a basis in law or fact and was made for a
purpose other than reporting a violation of this chapter. A person
has not filed a frivolous complaint if he/she reasonably believes
that facts exist to support the claim and either reasonably believes
that under those facts the complaint is valid under this chapter or
acts upon the advice of counsel sought in good faith and given after
full disclosure of all relevant facts within his/her knowledge and
information.
(2)
Publicly disclosing or causing to be disclosed information
regarding the status of proceedings before the Board and facts underlying
a complaint before the Board, including the identity of persons involved
and that a complaint has been filed.
[Added 2-22-2023 by Ord. No. 5816]
A.
Training
requirements.
(1)
The
Administration Committee Chairperson, in conjunction with the City
Clerk's office, shall schedule a Committee of the Whole meeting within
six months of the biennial City Council organizational meeting held
pursuant to state law, at which the Pennsylvania State Ethics Commission
shall present a training seminar on the rules, regulations, penalties,
and other pertinent matters relating to ethics guidelines for municipal
elected officials and employees. No other business shall be transacted
or discussed at the ethics training meeting.
(2)
All
members of the City Council shall be required to attend the ethics
training meeting. The meeting shall be open to other municipal elected
officials from neighboring municipalities and employees of the City
of Easton, and the Council shall provide for and encourage their attendance.
(3)
The
ethics training meeting shall be advertised as provided by general
law and shall be publicly announced and posted on the City website
30 days prior to its commencement.
(4)
If a
member of the City Council is unable to attend said meeting due to
unforeseen emergency, said Council member shall be required to seek
out and attend equivalent ethics training within the same calendar
year at their own expense.
(5)
Members
of the Council will obtain a certificate of completion and submit
the certificate to the City Clerk within one month of attendance.
The certificate shall be forwarded, with signatures redacted, by the
Easton City Clerk to the Information Services Department of Easton,
which shall make accessible such certificate on the Easton City website
not later than five days after they are received in the City Clerk's
office.
B.
Penalty.
Any Council member who fails to provide the certificate as set forth
above shall be subject to a fine of $100, assessment and payment of
which is to be monitored by the City Clerk.
