No person whose compensation derives from County
funds through a full-time employment with the County may receive from
the County any additional compensation, salary or emoluments for work
performed for the County during the same hours applicable to his or
her full-time position, or for those duties which are normally within
the scope of duties of his or her full-time position.
A.
Applicability. All merit service positions in the County shall be classified and paid in accordance with their duties and responsibilities and in accordance with the job classification and pay plans as described in Article IV of this chapter.
B.
Merit service. Persons employed in the merit service
shall possess the skills, qualifications and/or experience necessary
to discharge the responsibilities of merit service positions in the
County government.
A.
Code of Ethics. All persons in County service shall
maintain a high standard of conduct pursuant to the following Code
of Ethics for County government officers and employees and the signed
affirmation of such Code of Ethics shall be filed with the County
Clerk.
(1)
Uphold the Constitution, laws and legal regulations
of the United States, and of the Commonwealth of Pennsylvania, as
well as the provisions of the Charter, and never be a party to their
evasion;
(2)
Seek to employ more efficient and economical ways
of accomplishing necessary tasks and functions;
(3)
Never discriminate unfairly by the dispensing of special
favors or privileges to anyone whether for remuneration or not, and
never accept for oneself or anyone else favors or benefits under circumstances
which may be construed by reasonable persons as conflicting with the
honest performance of County duties;
(4)
Engage in no business with the County, either directly
or indirectly, which is inconsistent with the honest performance of
official duties;
(5)
Never use information obtained confidentially in the
performance of official duties as a means for making private profit;
(6)
Expose corruption wherever discovered;
(7)
Uphold these principles recognizing that County office
is a public trust;
(8)
Enter into no private agreements which could in anyway
be construed to be adverse to the public's interests.
B.
Conflict of interest. All elected and appointed officers,
the County Executive Director and department heads, and all County
employees shall not participate in activities where there is a conflict
of interest, including the following activities:
(1)
Accepting gifts. Accepting a gift of money or other
personal property of value, or any title or interest in realty, a
loan or forgiveness of debt, or payment of expenses in exchange for
any action or omission;
(2)
Financial interest; insider information. Maintaining
any business interest which would interfere with the independent and
impartial judgments which should be made in the course of one's official
duties, or engaging in any financial transaction as a result of being
privy to information obtained through one's County employment before
said information was made available to the general public;
(3)
Contributions. Compelling another employee to contribute
to any fund other than as required by law, ordinance, or contract;
(4)
Falsification. Knowingly make any false statement
affecting employee hiring, promotion or disciplinary actions; falsify
employee expenses, time or leave records; or forging or make false
statements in County documents, such as receipts, invoices, inspection
certification forms, purchase orders or receiving reports.
C.
Additional ban on accepting gifts for County elected officials and
certain senior managers.
[Added 7-15-2020 by Ord.
No. 2020-5]
(1)
Gift ban.
(a)
In addition to the limitation imposed by § 6-12B(1), no member of Council, nor the District Attorney, Sheriff, Controller, Register of Wills, Executive Director, County Solicitor, nor any employee responsible as a department head for any of the County units listed in § 6-15A or B of the Code, shall accept gifts which violate the following limitations.
(2)
Exceptions. The following are exceptions to the limitations set forth in Subsection C(1).
(a)
Food, beverages or entertainment provided at a reception that
is open to the public for which no ticket purchase is necessary or
invitation required.
(b)
Promotional offers or discounts on goods, services, drink or
entertainment when offered to a large group of employees.
(c)
Attendance, entertainment, food and beverage at a celebration
of a major life event (e.g., wedding, retirement, milestone birthday).
(d)
Light refreshments - such as soft drinks, coffee, sandwiches,
salads - at meetings held at a place of business where necessary to
continue the meeting and where served to all participants. Does not
apply to meals at outside-the-office venues.
(e)
Payment or reimbursement of an official's or employee's reasonable
expenses for admission, travel, lodging, or food and beverage related
to attendance at an event, convention, conference, seminar, or fact-finding
trip that will benefit Delaware County and is reasonably related to
the officer's or employee's official duties or expertise.
(f)
Items of little intrinsic value, such as greeting cards, water
bottles, t-shirts, certificates, at public appearances, visits, speeches
or presentations.
(g)
Gifts resulting solely from membership in a bona fide charitable,
professional, education, labor or trade organization when generally
made available to the same class of members of such entities.
(h)
Gifts resulting solely from a county officer's or employee's
spouse's or life partner's business or employment activities.
(i)
Items that are perishable, such as flowers or food, and not
practical to return.
(j)
Gifts from family members (e.g., parents, children, siblings,
aunt, uncle, relative in-laws) when the circumstances make clear that
a family relationship is the motivation for giving the gift, and gifts
from a personal friend, so long as such individual, or any member
of that individual's immediate family, has not had a contracted relationship
with the County in the past 24 months.
(k)
Commercially reasonable loans made in the ordinary course of
business, e.g., home mortgage.
(l)
Reportable political contributions.
(3)
(4)
Administration.
(a)
Violations of this § 6-12C by regulated employees shall be reported to the County Solicitor. The County Solicitor shall establish a panel consisting of the County Solicitor, the Controller and the Executive Director (the "Panel") which shall investigate the alleged violation, make findings of fact and recommend any sanction it deems appropriate, as provided for in Subsection C(3). In the event any member of the Panel is the subject of the complaint, Council shall appoint a replacement to the Panel. If the County Solicitor is the subject of the complaint, such complaint should be submitted to the Executive Director for administration in compliance with this subsection.
(b)
The Panel shall make a recommendation to Council as to the appropriate
sanction. Council shall then approve the sanction to be assessed for
a violation taking into account the findings and recommendation of
the Panel.
D.
County Council members prohibited from knowingly deriving a financial
interest from County contracts.
[Added 5-19-2021 by Ord.
No. 2021-2]
(1)
Prohibition against knowingly deriving financial gain and conflict of interest. In addition to the limitations imposed elsewhere in this Administrative Code, including § 6-12B(2), no Council member shall knowingly have a financial interest (including any immediate family member having a financial interest) in any entity that is a party to a contract with the County, approved by County Council, including subcontractors.
Notwithstanding the foregoing, there shall be no violation of this § 6-12D(1) if a Council member recuses herself or himself from voting on a contract in which such Council member (or an immediate family member) has a minor financial interest and submits a written statement listing the reasons for such recusal. Said statement shall be submitted by the Council member to the County Clerk, Council Chairman and Vice Chairman within seven days of identification of the conflict by the member but not less than one day prior to the Council meeting at which a vote on the contract is scheduled. Such statement shall be read into the Council minutes at such meeting.
(2)
Other prohibitions.
(a)
Council members are prohibited from receiving compensation (other
than the payment of expenses) as an officer or director of (i) any
entity that is a party to a contract with the County and/or (ii) any
subcontractor to such an entity.
(b)
Council members are prohibited from using nonpublic information
received through public office for their own financial benefit or
the financial benefit of an immediate family member.
(3)
Conflicts of interest. A Council member must recuse herself or himself
from voting on a contract if he or she knows that there is a conflict
of interest (which is not a financial interest) and shall submit a
written statement listing the reasons for such recusal. Such conflicts
of interest shall include serving as an officer or director of a nonprofit
organization that is a party to a contract with the County and/or
any subcontractor to such a contract.
Said statement shall be submitted by the Council member to the
County Clerk, Council Chairman and Vice Chairman within seven days
of identification of the conflict by the member but not less than
one day prior to the Council meeting at which a vote on the contract
is scheduled. Such statement shall be read into the Council minutes
at such meeting.
(4)
FINANCIAL INTEREST
IMMEDIATE FAMILY MEMBER
KNOWINGLY or KNOWS
MINOR FINANCIAL INTEREST
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
For purposes of this § 6-12D is any financial interest in a legal entity engaged in business for profit which comprises more than 5% of the equity of the business or more than 5% of the assets of the economic interest in indebtedness.
For purposes of this § 6-12D is defined as a parent, spouse, brother and sister (or like relative in-laws), child(ren) and stepchild(ren).
The individual in question actually knew or, based on facts
and circumstances, should have known, of the existence of a financial
interest or conflict of interest, as applicable.
For purposes of this § 6-12D is any financial interest from which a Council member and all immediate family members, in the aggregate, derives (or reasonably anticipates deriving) compensation, earnings, revenues and/or other payments not exceeding a total of $25,000 on an annual basis (including the effect of the contract then under consideration for approval by Council).
(5)
Penalties. Any of the following penalties may be imposed for violations of the limitations in § 6-12D(1) as determined per § 6-12D(5):
(a)
A reprimand of the Council member in violation.
(b)
A censure of the Council member in violation.
(c)
An assessment of a fine of the Council member in violation,
in an amount not to exceed the lesser of (i) 10% of the total compensation
under the contract in question or (ii) $20,000.
(d)
To the extent legally permitted, termination of the contract
in question and/or repayment to the County of any profit made by the
contractor under such contract.
(e)
Any entity, contractor or subcontractor which entered into a
contract with the County which resulted in a violation of this section
may be banned as a contractor or subcontractor to the County for a
period of two years.
(6)
Determination of penalties. The determination of a penalty for the
violation of this subsection shall be made by a majority vote of County
Council (not to include the Council member whose action is the subject
of such vote) following such investigation and consideration of such
evidence as County Council deems appropriate or such other entity
or body as may be designated by resolution of County Council.
(7)
County Executive Director. If the County Executive Director knows
that he or she has a financial interest in a contract being considered
for approval by County Council, he or she shall disclose such financial
interest to County Council prior to approval of such contract by County
Council, and such financial interest shall be noted in the minutes
of the Council meeting at which such approval is considered. County
Council may take appropriate disciplinary action for violation of
this requirement by the County Executive Director, subject to the
limitations elsewhere in the Administrative Code.
E.
Disclosure of political contributions.
[Added 12-1-2021 by Ord.
No. 2021-13]
(1)
Required disclosure of political contributions.
(a)
For contracts subject to an invitation to bid, request for proposal
or other contract solicitation, at least eight days before the meeting
at which County Council will consider the approval of a covered contract,
the Purchasing Department shall provide the County Clerk with all
forms from bidders/respondents disclosing any reportable contributions
within the 24 months prior to such meeting. For all other contracts,
at least eight days before the meeting at which County Council will
consider the approval of a covered contract, each contractor party
to such covered contract shall provide the County Clerk with a form
disclosing any reportable contributions within the 24 months prior
to such meeting. Such disclosure forms shall be included with the
publicly posted agenda materials for the applicable meeting.
(b)
If any disclosure form for a covered contract shows reportable
contributions, the County Clerk shall publicly post such form on a
separate page of the County's website no later than the public posting
of the agenda for the meeting of County Council where the approval
of such covered contract will be considered.
(c)
By January 30 of each year, commencing January 1, 2023, each
covered contractor under a covered contract with a term exceeding
one year shall provide the County Clerk with an updated form showing
any reportable contributions in the prior year or indicating that
there are none. If a contractor does not provide the required disclosure
form within 30 days of written notification from the County Solicitor
of its failure to timely provide such form, the applicable covered
contract shall be subject to being voided by County Council.
(d)
All invitations to bid, requests for proposal or other contract solicitations by the County for covered contracts shall include a requirement that all bidders/respondents provide the required disclosure form. All covered contracts shall provide the right to void the contract as set forth in this § 6-12E.
(2)
Implementation of this section. The County Clerk, in consultation with the Director of Purchasing and the County Solicitor, shall promulgate forms and procedures required to implement the provisions of this § 6-12E. The disclosure set forth in Subsection E(1) shall be required commencing April 1, 2022.
(3)
Interpretation of this section. The County Solicitor shall have the authority to provide written interpretations of this § 6-12E.
(4)
CANDIDATE
CONTRACTOR
COVERED CANDIDATE
COVERED CONTRACT
REPORTABLE CONTRIBUTION
(a)
[1]
[2]
[3]
[4]
(b)
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Shall have the meaning set forth in 65 Pa.C.S.A. § 1102.
Any nongovernmental person, corporation, partnership, association
or other entity, whether or not for profit, and includes any subcontractor
which is reasonably anticipated to receive compensation of $50,000
or more under the applicable covered contract.
A candidate for: (1) County Council, District Attorney, Sheriff,
Controller or Register of Wills in Delaware County; (2) Judge of the
Court of Common Pleas of Delaware County or the Magisterial District
Courts of Delaware County; (3) any seat in the Pennsylvania General
Assembly which represents residents of Delaware County; or (4) any
statewide office in Pennsylvania (non-federal).
Any contract, agreement, memorandum of understanding or other
arrangement which is (i) required to be approved by County Council
and (ii) under which a covered contractor provides or leases goods,
supplies, materials, equipment, consulting, professional or other
services, and/or property to the County, whether or not payments under
the covered contract are anticipated to be made from general revenues
or another specified source of funds, but does not include grant agreements
under which the County is the grantee.
A political contribution (as defined in 65 Pa.C.S.A. § 1102)
to:
A covered candidate.
Any Pennsylvania state committee of a political party, any County
committee of a political party or any committee of a political party
established at the municipal level for a municipality in the County.
A contribution to a political action committee with the intent
or expectation that some or all of such contribution will be directed
to a covered candidate. This intent shall be presumed if a political
action committee only supports one or more covered candidates.
A contribution to a political action committee controlled by
a person or entity described in clauses (1) through (5) below.
Reportable contributions shall include contributions by: (1)
a contractor; (2) any corporate parent, subsidiary or other affiliate
of a contractor; (3) an officer or director of a contractor; (4) a
shareholder or partner of a contractor with a 5% or greater ownership
interest; and (5) the spouse of any person or entity listed in the
preceding clauses; and shall also include any contribution reimbursed
by a person or entity listed in clauses (1) through (5).
(5)
Penalties. Any contractor which fails to provide the disclosure forms
required hereby or which submits disclosure forms which are materially
inaccurate may be banned as a contractor or subcontractor to the County
for a period of up to three years, and/or, to the extent legally permitted,
the covered contract in question may be terminated, in each case,
by a majority vote of County Council following such investigation
and consideration of such evidence as County Council deems appropriate
or by action of such other entity or body as may be designated by
resolution of County Council.
All appointed County officials and all employees engaged to perform full-time service and the District Attorney shall faithfully serve schedules of full-time employment except where otherwise provided in §§ 6-72D and 6-73A of this chapter. The number of hours of full-time service shall be equivalent to the hours of County business applicable to County units as set by County Council.
The Budget Management Department, as described in Article VI of this chapter, shall be responsible for the formulation and monitoring of the County's operating and capital budgets and shall establish and apply control over expenditure authorizations, budget analysis, and requirements forecasting methods. To carry out this responsibility, the Budget Management Department shall request, when necessary, from units for which County Council has budgetary responsibility, a monthly report on anticipated revenue and spending needs by month for the balance of the County's fiscal year. The Budget Management Department shall prepare, as requested by County Council, a summary budget status report by department or program recommending any necessary revisions in County budget policy.
All County units listed under this section shall be subject to the provisions set forth in Part 3 of this chapter.
A.
County units reporting to Council. The County units
reporting to or appointed by Council (hereinafter councilmanic service)
shall be comprised of departments and boards as follows:
[Amended 8-12-1980 by Ord. No. 80-3[1]]
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(Agricultural) Cooperative Extension Service
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Board of Elections
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Board of Institutional Management
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(i)
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Fair Acres Geriatric Center
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Board of Personnel Grievance and Performance
Review
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County Clerk
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County Coroner
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County Solicitor
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Courthouse and Park Police
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Department of Emergency Services
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Heritage Commission
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Jury Commissioner
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Delaware County Library System Board of Directors
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Military and Veterans Affairs
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Office of Judicial Support
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(i)
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Clerk of Courts
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(ii)
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Prothonotary
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Park Board
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Park and Recreation Department
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Planning Department
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Prison Board
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(i)
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Prison
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Public Defender
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Recorder of Deeds
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Tax Assessment Bureau
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(i)
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Board of Assessment Appeals
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Tax Claim Bureau
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Treasurer
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Boards, commissions and committees established
by resolutions of Council as reflected by records of the County Clerk.
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(1)
Special provisions applicable to departments under
councilmanic service affecting organization of this chapter.
(a)
Board of Elections. The composition of the Board of Elections shall be as provided in Section 421 of the Charter and § 6-68 of this Code.
[Amended 1-18-2023 by Ord. No. 2023-1]
(b)
Board of Institution Management. After the first
Monday of January 1978, Child Care Services, including the Children's
Cottage, shall be a subunit of the Department of Human Resources by
this ordinance of Council and pursuant to powers granted under Section 408i
of the Charter.
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[Commentary: The duties and functions of the
Board of Institution Management under Section 1205 of the Charter
were to assume the functions of the Delaware County Institution District
upon dissolution on the first Monday of January 1978. The Institution
District has jurisdiction over the Children's Cottage, run by the
Department of Child Care Services. A conflict arises, however, because
the Charter places child care under the direction of the Department
of Human Resources under Section 428d.]
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(c)
Board of Assessment Appeals and Tax Assessment
Bureau. The Board of Assessment Appeals shall be a division of Tax
Assessments until appropriate legislation is enacted permitting implementation
of Sections 420 and 418 of the Charter.
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[Commentary: The creation of the Board of Tax
Assessment Appeals under Section 420 of the Charter and the placement
of certain tax-related duties under the Department of the Treasurer
pursuant to Section 418 of the Charter are in conflict with the
Home Rule Charter and Optional Plans Law, 53 Pa.C.S.A. § 2901
et seq., and state code provisions on tax assessments.]
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(d)
Treasurer. The Treasurer shall not assume those
duties involving real property tax assessments and assessment appeals
delegated thereto by the Charter which violate the Home Rule Charter
and Optional Plans Law, 53 Pa.C.S.A. § 2901 et seq., until
such time as amendment of applicable state statutes validates Section 418
of the Charter.
B.
County units reporting to Council through the Executive
Director.
[Amended 8-12-1980 by Ord. No. 80-3]
(1)
The following County units shall be supervised by
the County Executive Director (hereinafter executive service), subject
to the overall policy direction and guidelines set by County Council:
(a)
Administrative Services.
(b)
Budget Management.
(d)
Central Purchasing.
(e)
Consumer Affairs.
(g)
Intercommunity Health Coordination.
(h)
Intergovernmental Affairs.
(i)
Management Information Systems.
(j)
Personnel.
(k)
Public Relations.
(l)
Public Works and Risk and Safety Management.
(m)
Senior Citizen Services.
(n)
Soil and Water Conservation.
(o)
Solid Waste Management.
(p)
Special Events.
(q)
Vehicle Management.
(2)
Special provisions applicable to departments under
executive service affecting organization of this chapter.
(a)
Pursuant to powers granted under Section 408i of the Charter, the Council hereby reorganizes the Department of Public Works to promote efficiency and economy by creating four separate departments undertaking taking the following functions: the County garage and motor pool operations (Vehicle Management Department); Solid Waste Management Department; programs of soil and water conservation (Soil and Water Conservation Department) and repairs and maintenance of County buildings and facilities (Department of County Facilities Maintenance) as further set forth in §§ 6-101, 6-103 and 6-104 of this chapter.[6]
(b)
Said transfer of duties shall be construed to
include incidental or implicit functions not specifically mentioned
when necessary to further the functions and programs set forth under
the new departments. Council hereby declares the express intention
not to eliminate any departmental functions listed under Section 428e
of the Charter.
C.
Department heads. All heads of departments or members
of boards listed in the councilmanic service shall be appointed by
County Council and shall serve at County Council's pleasure, or in
the case of employees, as employees at will. All department heads
in the executive service shall be appointed by the Executive Director,
with confirmation by County Council, and shall serve as employees
at will. All department heads in both services shall be chosen on
the basis of executive, administrative and technical qualifications
as are pertinent to the functions, duties and operations of their
respective departments and as are prescribed by law.
D.
Duties of department heads. The heads of departments
in the councilmanic service and executive service, respectively, shall:
(1)
Be responsible for the proper performance of all functions,
duties and operations assigned to and required of the department;
(2)
Develop and prescribe the internal organization of
the department and its subordinate units, subject to the approval
of the County Council;
(3)
Develop and implement, in written form, an administrative
manual for his department, subject to the approval of the County Council;
(4)
Prepare and submit departmental budget requests in
accordance with schedules, forms and policies as prescribed by the
County Council/Executive Director;
(5)
Prepare and submit reports required by the County
Council/Executive Director;
(6)
Keep the County Council and Executive Director informed
of the activities and policies of departmental programs as they affect
the County;
(7)
Administer intergovernmental contracts and agreements
as these relate to departmental functions;
(8)
Develop and maintain appropriate internal administrative
and budgetary controls and productivity and performance standards
to assure maximum levels of quality and quantity of service within
budgetary limitations;
(9)
Annually provide comparison analyses of department
functions in Bucks, Chester and Montgomery Counties as defined and
requested by Council;
(10)
Keep abreast of all laws, municipal ordinances, and
administrative regulations relating to all functions of the department
and keep the Council advised thereof;
(11)
Enforce rules and regulations for the use of County
property, facilities and services;
(12)
Evaluate rate structures on an annual basis and recommend
to the County Council changes in rate structures for those services
for which user fees are charged;
(13)
Assign duties and responsibilities to subordinate
officers and employees and insure that their duties are performed
promptly, efficiently and conscientiously;
(14)
Prior to the acceptance of any goods or services contracted
for by the County, the department heads responsible for receiving
said goods or services shall inspect the goods within a reasonable
amount of time, and shall certify, in writing, to the Controller and
the head of purchasing, that said goods upon cursory inspection are
or are not in conformance with the contract under which they were
purchased and are or are not acceptable.
E.
General department functions. The general functions
of each department are described in the departmental sections of this
chapter.
A.
B.
The Director of the County Personnel Department shall,
from time to time, recommend revision in the plan to County Council.
Council shall have the final approval of all revisions thereto.
B.
Nature of the Board of Personnel Grievance and Performance Review actions. With regard to review of employee grievances, the nature of the Board of Personnel Grievance and Performance Review will be as set forth in Article IV, §§ 6-19 and 6-23A(3) of this chapter, with procedures as adopted in a manual promulgated by the Board.[1]
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[Commentary: This chapter provides that certain employees, including, but not limited to, those who are without grievance appeal procedures pursuant to a collective bargaining agreement, shall have the right to submit a written request for grievance review to the Board. The Board shall review the request to determine if it conforms to the definition of grievance under Article II, § 6-7, of this chapter; whether or not the individual is the proper party to bring the grievance under Article IV, § 6-19C(2)(d), of this chapter; whether or not all internal administrative remedies have already been exhausted under Article IV, § 6-19C(2)(c), of this chapter. If all the foregoing conditions are satisfied, the Board may call a hearing for the purpose of taking testimony to resolve factual matters in dispute. The Board shall promulgate rules of procedure for the conduct of such hearings.[2]]
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