The proper operation of a representative government requires
that public officials and employees be independent, impartial and
responsible to the people; and, that governmental decisions and policies
be made in the best interests of the people and the Municipality.
In recognition of these goals, the following Code of Ethics shall
apply to all Municipal elected and appointed officials and employees
of the Municipality, whether compensated or uncompensated, including
members of authorities, agencies, boards and commissions of the Municipality
or those in which the Municipality participates with other political
subdivisions of the Commonwealth of Pennsylvania.
A.
The following activities shall be prohibited in the operation of
the government of the Municipality:
1.
No person shall, in his or her employment by the Municipality in
any capacity, or appointment to any board, authority, commission or
agency, or removal therefrom, be favored or discriminated against
because of age, race, sex, disability, political or religious opinions
or affiliations;
2.
No person who seeks appointment on any Municipal board, authority,
commission or agency or employment by the Municipality in any capacity
shall, directly or indirectly, give or pay any money, service or other
consideration to any person in connection with such appointment or
employment;
3.
No elected or appointed official of the Municipality, or employee
thereof, shall:
a.
Engage in or accept private employment or render services for private
interests when such employment or service is in conflict with or prevents
the proper discharge of his or her official duties;
b.
Engage in any activity or take any action by virtue of an official
position from which activity or action the official or employee, or
any other person or entity in whose welfare the official or employee
is interested, shall realize a gain or advantage, or receive anything
which could be regarded as a gain or advantage, except such gain or
advantage generally realized by the citizens of the Municipality as
the purposeful result of such activity or action;
c.
Solicit or accept, directly or indirectly, any gift, favor, service,
or other consideration that might reasonably tend to influence that
official or employee in the discharge of the duties of his or her
office;
d.
Seek to influence, directly or indirectly, the awarding of any contract
where such official, or employee, or other person or entity in whose
welfare the official or employee is interested, would benefit directly
or indirectly, financially or otherwise, from said contract, except
such benefits generally realized by the citizens of the Municipality
as the purposeful result of such contract;
e.
Solicit, accept or receive by virtue of his or her office, directly
or indirectly, from any person or entity, any service or franchise
right upon terms more favorable than is granted to the citizens of
the Municipality generally;
f.
Give or promise, directly or indirectly, to any person any office,
position, employment, benefit or anything of value for the purpose
of influencing or obtaining the political support, and or vote of
any person, except where such benefit is generally realized by the
citizens of the Municipality; and
g.
Use any public property for personal benefit or profit, except as
may be authorized by Council in the Administrative Code or other ordinance.
B.
Any elected or appointed official of the Municipality, or employee
thereof, who has or by the exercise of reasonable diligence should
know that he or she has any direct or indirect financial interest
with any person or other entity proposing to contract with the Municipality
shall fully disclose said interest and, except where such interest
is minimal stock holdings in a public corporation, shall not participate
in the discussion or vote on said contract. Violation of this section
shall render the contract voidable.
C.
All hiring decisions for employment with the Municipality shall be
on the basis of merit and ability. The Municipality shall not permit
the use of nepotism when hiring individuals for municipal employment.
The Municipality may accept employment applications from relatives
of employees, however, no relative of a current employee shall be
hired if:
1.
One relative would supervise or have disciplinary authority over
another;
2.
One relative would audit the work of another;
3.
The interest of either the relative and the employee or the relative
and the Municipality would be in conflict, and
4.
The hiring of relatives could result in a conflict of interest with
existing vendors of the Municipality.
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A proposed transfer by an existing employee to another municipal
department or agency will be prohibited if it will result in one of
the four situations listed above.
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Employees who would be in violation of this section upon the
election or appointment of a relative to an elected or appointed supervisory
position; or who became related subsequent to their employment on
account of the marriage or adoption of some other person; may continue
their employment subject to the following conditions:
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5.
Elected officials may not participate in or vote upon any specific
individual personnel actions directly involving a relative.
6.
Department directors and supervisors shall transfer any relative
(other than those already employed on the effective date of this section)
to a different division or section so as to avoid any direct supervision
and shall not participate in any personnel actions involving a relative.
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These provisions shall only apply to changes in employment status
or marriages occurring after the effective date of the adoption of
this Charter.
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[Cross References: This section cited in 346 Pa. Code § 41.5-504
(relating to acting mayor).]
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A.
Employees of the Municipality shall not campaign directly or indirectly
for any candidate seeking a Municipal office, shall not participate
directly or indirectly in fund-raising activities for candidates for
Municipal office or elected Municipal officials, and shall not participate
directly or indirectly in any other political activity of the Municipality.
B.
An employee of the Municipality shall resign from such employment
within 10 days of the date he or she submits a petition to become
a candidate for any elected office of the Municipality under this
Charter and the election laws of the Commonwealth of Pennsylvania.
C.
A Council Member shall resign from office within 10 days of the date
he or she submits a petition to become candidate for any other elected
office of the Municipality, the County of Montgomery, the Commonwealth
of Pennsylvania, or the United States of America under the election
laws of the Commonwealth of Pennsylvania or the United States of America.
D.
Persons appointed to authorities boards, agencies, commission or
committees of the Municipality shall resign from such appointed positions
within 10 days of the date that he or she submits a petition to become
a candidate for any elected office of the Municipality under this
Charter and the election laws of the Commonwealth of Pennsylvania.
Violations of the provisions of this article of this Charter
shall constitute malfeasance or misbehavior in office which, except
as otherwise provided for by general law, shall be a summary offense
punishable by the maximum fine and/or imprisonment established by
general law. Conviction shall result in forfeiture of office or termination
of employment and any person so convicted shall thereafter be ineligible
to hold elective or appointed office or employment in the government
of the Municipality.
