[Adopted 9-18-1978 by Ord. No. 1281]
A Code of Ethics is hereby established for all
Township, paid or unpaid, elected and appointed officials, employees
and appointed members of Township boards, commissions and authorities.
A.
Declaration of policy. The purpose of this Code is
to establish guidelines for ethical standards of conduct for all the
aforementioned public officials and employees by setting forth those
acts or actions that are incompatible with the best interests of Whitehall
Township, and by directing disclosure by said officials and employees,
of the existence of private financial or other interests that could
affect official Township actions or performance of duties.
(1)
Impetus for passage of an ethics code has come from:
great interest in and exposure of "Watergate" at the national level,
numerous convictions of corrupt state officials, a lengthy Federal
Bureau of Investigation probe in Whitehall Township and the creation
of a Board of Inquiry to expose alleged corruption in the Township.
Upstanding officials and the public they serve can no longer tolerate
a governmental system that evidences indifference toward corrupt behavior
of public officials and employees.
(2)
The public judges its government by the way public
officials and employees conduct themselves in the posts to which they
are elected or appointed. The people have a right to expect that every
public official and employee will conduct themselves in a manner that
will tend to preserve public confidence in and respect for the government
they represent. This demands treatment of all citizens with impartiality,
fairness and equality under the law and avoiding both actual and potential
conflicts between their private self-interest and the public interest.
(3)
Above all, this Code is designed to clarify misuse
of office or employment as not only intolerable but punishable; it
is designed for governmental leadership and membership to recognize
and enforce rectitude standards; it is designed as a blueprint for
the best possible Whitehall Township government of the future; and
its major by-product should be greater recognition of an appreciation
for the many public officials and employees whose unspectacular but
dedicated and meritorious service is all too seldom recognized.
B.
Scope. This Code of Ethics emanates from a vast amount
of ideas gathered from research of available related materials in
the Unites States; appropriate excerpts from the Whitehall Township
Home Rule Charter and the Township Administrative Code and insights
gained thus far through investigative work of the Township Board of
Inquiry.
Terms used in this Part 13 are hereby defined
as follows:
Any business, proprietorship, firm, partnership, person in
representative or fiduciary capacity, association, venture, trust
or corporation.
Any grammatical derivative of this third person singular,
means any person, regardless of gender; this term is used simply to
allay the need for repeating all genders — masculine, feminine,
neuter or any other possible.
A public official's or employee's spouse, minor children,
those dependent on him or living in his household.
A gift of little importance and estimated worth, such as a memento, but insignificant value shall not refer to any gifts from a person or business entity as specified in "Code Prohibitions," § 1-305B.
Direct or indirect pecuniary or material benefit accruing
to a public official or employee as a result of a contract or transaction,
which is or may be the subject of an official act or action by the
Township, except those contracts or transactions from which similar
benefits accrue to all other persons and/or property similarly situated.
For the purposes of this Code, one shall be deemed to have an interest
in:
Any person within his household or who is dependent
on him or her.
Any person or business entity with whom a contractual
relationship exists with the public official or employee.
Any business entity in which the public official
or employee is an officer, director or member having a financial interest
in or is employed by.
Any business entity in which the public official
or employee has ownership in any party.
Any person, officer or employee holding a full or part-time
position by election, appointment or employment in the service of
the Township, whether paid or unpaid, including members of boards,
commissions, Township authorities and consultants.
Includes, but is not limited to, any proceeding, application,
submission, request for ruling or other determination, contract, lease,
claim, case, award, decision, judgment or legislation including ordinances
and resolutions.
The requirements herein set forth shall constitute
the Code of Ethics establishing standards and guidelines for the ethical
conduct of public officials and employees of Whitehall Township.
A.
Objectives. The Code identifies misuse of office or
employment and provides for penalties and/or removal from office or
employment thereof. The Code assures fair and equal treatment of all
citizens and stipulates what constitutes conflict of interest including,
but not limited to: contracts or transactions with the Township, incompatible
employment, disclosure of interest in legislation, representing private
interest, gifts and favors, later case interest, disclosure of confidential
personnel information, nepotism, retention of tax monies, improper
communication, improper access to the Municipal Building and/or offices,
unnecessary expenditures if officially voided, inspection approval
inconsistent with Township ordinances, misuse of office for personal
financial profit, improper issuance of permits, improper use of Township
materials or public property, retention of Township materials after
termination of official status or employment and failure to report
any knowledge of violations of this Code.
B.
Prohibitions. This Code prohibits any public official
or employee of the Township of Whitehall from engaging in the following
acts:
(1)
Interest in contract of transactions. No elected or
appointed Township official or employee or any corporation, partnership,
association, joint venture or other entity of which he is a member,
officer, official, partner, stockholder, joint venturer, associate,
director, employee or consultant shall solicit, benefit by or be financially
interested, directly or indirectly, in any contract for the purchase
of property or services to be paid from the Township treasury.
(a)
No public official or employee shall have or
thereafter acquire an interest in such contract or transaction.
(b)
No public official or employee shall have an
interest in any business entity representing, advising or appearing
on behalf of, whether paid or unpaid, any person involved in such
contract or transaction, during his term of office or employment with
the Township.
(c)
No public official or employee shall have solicited
or accepted present or future employment with a person or business
entity involved in such contract or transaction.
(d)
No public official or employee shall solicit,
accept or grant a present or future gift to or from any person or
business entity doing business with the Township, whether in the form
of money, thing, favor, loan or promise.
[1]
This shall not apply to partaking of a meal;
any occasional, nonpecuniary gift of insignificant value or one given
or received in one's personal life, so long as such normally human
gifts do not involve any person or business entity transacting business
with the Township, wherein a possible conflict of interest would result,
an award publicly presented in recognition of public service or election
campaign contributions as permitted by higher law.
[2]
This shall prohibit any public official or employee
from accepting anything whatsoever, including occasional gifts of
insignificant value, from any person or business entity that has business
pending with the Township or has transacted business with the Township,
involving the public official or employee's service or involving imminent
business.
[3]
No appointed or elected official doing Township
business with lending institutions shall obtain favors in the form
of loans at lower interest rates than are available to the general
public from said institutions.
[4]
Later case interest. No public official or employee
shall, after the termination of service or employment with the Township,
appear before any board, commission, committee or authority of the
Township in relation to any case, proceeding of application in which
he personally participated during the period of his service or employment,
or which was under his active consideration, for a period of one year
after the termination of his employment with the Township.
[5]
Special treatment. No public official or employee
shall grant any special consideration, treatment or advantage to any
person or business entity beyond that which is available to every
other citizen or business entity. This shall not be construed to mean
services rendered in the interest of public safety or welfare.
[6]
No member of a board, commission or authority
shall make a commitment on behalf of his respective group to any person
or business entity transacting business with the Township.
[7]
No public official or employee shall make any
appearance on behalf of any private person other than himself, a spouse
or minor children.
[8]
Improper communication. No public official or
employee shall have encouraged, made or accepted any ex parte or unilateral
application or communication where a determination is to be made after
a public hearing and such public official or employee fails to make
the contents of the communication a part of public record.
(2)
[1]Incompatible employment. No member of the Board of Commissioners
shall hold "any compensated appointive Township office or employment"
until one year after the expiration of the full term for which he
or she was elected to the Board.
(a)
No Commissioner shall hold any other governmental
or Township office or employment "in which he or she receives salary,
compensation, or emolument."
(b)
The Mayor shall hold no other employment, Township
or governmental office "during the period of the term for which he
or she was elected or appointed, even if he or she does not complete
such term."
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
[1]
Editor's Note: See, however, Whitehall Township
v. Buchmiller (Leh. Co. C.P. 1985)
(3)
Disclosure of interest in legislation. If a Commissioner
or the Mayor has an interest in any action before the Board of Commissioners,
he shall disqualify himself from discussion of and/or voting on that
action.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(a)
If a member of an appointed board, commission
or authority has an interest in any area of consideration before his
respective group, he shall disclose same and refrain from participation
in discussion and/or voting on such matter.
(b)
A public official in a consultant capacity shall
disqualify himself from rendering advice to the Township on any matter
involving a person or business entity wherein said consultant has
a conflict of interest; that is, if the consultant also represents
the person or business entity in another capacity or if the consultant
has a personal or financial interest in the business transaction.
(4)
Disclosure of confidential personnel information.
No public official or employee shall disclose confidential personnel
information without proper legal authorization.
(5)
Nepotism. No immediate family member of an appointed
public official serving on a Township board, commission or authority
shall be appointed by that respective entity, even if the related
appointed official refrains from voting on the hiring of his immediate
family member. No elected official shall hire or cause to be hired
an immediate family member as a Township employee or official.
(6)
Improper access to the municipal building and/or offices.
No public official or employee shall give out or possess any key to
the Municipal Building and offices, other than authorized personnel
as designated in the Township Administrative Code, except that only
the Township Treasurer or his designate shall possess a key to the
Treasurer's Office and only the Information and Complaints Officer
shall possess a key to that respective office, when established, although
a janitor and the police are recognized as protectively in need of
keys to all building and office entrances. This provision shall not
conflict with union contract agreements or essential access to the
public works area.
(7)
Unnecessary expenditures if officially avoided. The
Mayor shall not execute a purchase in excess of $1,500, even though
a budgeted item, if the Board of Commissioners, subsequent to passage
of said budget, voids the expenditure as unnecessary and/or wasteful.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(8)
Inspection approval. No public official or employee
shall grant inspection approval for any project or inspected area
if Township ordinance specifications are not met by the area inspected.
(9)
Misuse of Township materials or public property. No
public official or employee shall use Township facilities for personal,
financial gain. This provision shall not affect the present employee's
contractual union agreement permitting mechanics after-hour use of
facilities, but any future union contracts shall be consistent with
this section prohibiting use of Township facilities for personal,
financial gain.
(a)
No public official or employee shall retain Township materials after ceasing to hold office or employment, pursuant to § 15.05 of the Home Rule Charter. This shall not include copies of original materials received by the Board.
(b)
No public official or employee shall use materials
acquired through Township services for personal, financial gain unless
those materials, if dispensable, are first made available to the general
public.
(10)
Misuses of office or employment. No public official
or employee shall use his office or employment either for the solicitation
of any sales or the receiving of any goods dispensed by a person or
business entity doing business with the Township. This shall mean
that no public official or employee shall actively engage in promotion
of any non-Township business ventures on Township time or through
Township business transactions.
(11)
Improper issuance of permits. No official or
employee shall issue or cause to have issued any permit which cannot
property be granted before any necessary approvals are obtained from
the Planning Commission, Zoning Hearing Board, the Whitehall Authority
and/or the Coplay-Whitehall Sewer Authority.
(12)
Reporting requirements. Reporting any offer
of gifts, whether in the form of money, thing, favor, loan or promise,
or knowledge of any possible code violations or other criminal action,
any public official or employee who is approached with an offer of
a gift of a favor, whether in the form of money, thing, favor, loan
or promise, or who has knowledge of any possible code of ethics violations,
or other criminal action, as elicited in this Part 13 shall disclose
such offer in writing to the Board of Ethics no later than seven days
thereafter. This shall also apply to any public official or employee
who is in doubt as to the legality of a gift he receives, in which
case the Board of Ethics shall return an opinion on same to the concerned
official or employee within 30 days after receipt of the written information.
(13)
Retention of tax monies. The Township Treasurer
"shall receive, collect, account for and deposit into the Township
treasury all taxes, fees, funds, assessments or charges that are levied,
established or received by the Township for general or special purposes.
Such deposits shall be made not later than the first business day
following the day in which the funds are received. . . He or she shall
deposit the funds of the Township in various depositories as designated
by the Board. All such accounts shall be in the name of the Township."
(a)
If the term of office of the Township Treasurer
expires or if he relinquishes his Treasurer's office, he shall, upon
leaving that office, turn all accounts, Township funds and Township
Treasurer's materials over to his successor, including all taxes collected
by him.
(14)
Equal treatment required. All Township officials
or employees shall be afforded fair and equal treatment as officials
or employees by their supervisors or superiors.
[Amended 11-1-1979 by Ord. No. 1317]
A.
The Code creates a Board of Ethics which shall be
composed of not less than three and not more than five members, to
be effected by means of a resolution, to provide for flexibility in
the event of changing needs. Majority membership of the Board shall
be comprised of Township citizens holding no other Township elected
or appointed position. The Board shall operate within the framework
of the Information and Complaints Department, if and when established.
B.
Members of the Board of Ethics shall be subject to
this Code. They shall receive no salary but shall be reimbursed for
their expenses actually and necessarily incurred in the performance
of their duties. They shall be appointed by majority vote of the Board
of Commissioners, upon recommendations by the Board meeting as a committee
of the whole.
(1)
Duties and powers of the Board of Ethics.
(a)
To consider questions of ethical conduct and
conflict of interest and issue advisory opinions on same.
(b)
To conduct hearings on questions of ethical
conduct and make recommendations for action to the Board of Commissioners,
based on its findings.
(c)
To provide a continuing program effecting implementation
of the Code of Ethics.
(d)
To require that all complaints must be duly
notarized and signed by the person or persons filing any code violation
charge, prior to any public hearing of same and/or public revelation
of the charge.
(e)
To accept and file any information voluntarily
supplied that exceeds the requirements of this Part 13.
(f)
To render a determination on all alleged violations.
(g)
If an alleged violation if found to be groundless
by the Board of Ethics, the entire matter shall be stricken from pubic
record; if, in the opinion of the Board of Ethics, the complaining
party was motivated by malice or reason contrary to the spirit of
this Part 13 in filing the complaint without just cause, the findings
shall be reported to appropriate law enforcement authorities.
(h)
The Board of Ethics shall have subpoena powers
and the power to grant immunity under Township law only.
(i)
They shall hold meetings open to the public
at least once a year and make an annual report of their actions and
recommendations to the Mayor and the Board of Commissioners.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
(2)
The Board shall conduct its investigations in the
following manner:
(a)
When a complaint is filed with the Board, a
copy shall promptly be sent to the person alleged to have committed
the violation. If the Board determines the complaint does not allege
facts sufficient to constitute a violation, the complaint shall be
dismissed and the complainant and respondent notified. If the Board
does allege facts sufficient to constitute a violation, it shall promptly
investigate the alleged violation utilizing the resources of such
other Township agencies as may be required. If, after such preliminary
investigation, the Board finds that probable cause exists to support
an alleged violation, it shall convene a hearing on the matter within
30 days after making such determination. All Board investigations
and records relating to the preliminary investigation shall be confidential.
(b)
If a hearing is to be held, the respondent shall
be allowed to examine and make copies of all evidence in the Board's
possession relating to the charges. At the hearing, the charged party
shall be afforded appropriate due process protection consistent with
Township administrative procedures, including the right to be represented
by counsel, the right to call and examine witnesses, the right to
introduce exhibits and the right to cross examine opposing witnesses.
All hearings shall be conducted in executive session. Upon completion
of its investigation and any hearing thereon, the Board shall, where
appropriate, recommend disciplinary and administrative action or,
in the case of an alleged criminal violation, refer the matter to
the Board of Commissioners with the recommendation that appropriate
law enforcement authorities take action. With respect to investigations
of violations of the Ordinance Establishing Campaign Contribution
Limits, the Board shall have full power to adjudicate such violations
and to impose fines and/or penalties as set forth in the Ordinance
Establishing Campaign Contribution Limits.[2]
[Amended 2-13-2017 by Ord. No. 3073]
[2]
Editor's Note: See Part 17, Campaign Contributions.
(c)
Issue, upon request, and publish advisory opinions
on the requirements of this Part 13.
(3)
Availability of the Code of Ethics. The Township Administration
shall make copies of the Code of Ethics available at all Municipal
offices, post a copy on Municipal Building bulletin boards and inform
all Township officials and employees of said availability of the Code
of Ethics copies.
C.
Anyone who is convicted of a violation of the Ordinance Establishing
Campaign Contribution Limits shall be subject to fines and/or penalties
as set forth in the Ordinance Establishing Campaign Contribution Limits.[3]
[Added 2-13-2017 by Ord.
No. 3073]
[3]
Editor’s Note: See Part 17, Campaign Contributions.
A.
Any public official or employee who is convicted of
violation of any of the provisions of this Code of Ethics shall be
subject to a fine not to exceed $600 for each violation and, in default
of payment of said fine and costs, to a term if imprisonment not to
exceed 30 days. He shall make restitution and forego all pensions
due him from the Township. Each day that a violation exists may be
regarded as a separate offense and punishable as such, if such violation
is a continued violation.
B.
Upon conviction for any willful violation of this
Part 13 of any elected public official, such official shall be subject
to recall proceedings. Upon conviction for any willful violation of
this Part 13 of any appointed official or employee, he shall be subject
to dismissal from his appointed office or employment, consistent with
any Township laws governing personnel procedures.
