All Council persons, the Borough Manager and the department
heads, before commencing their official duties, shall take and sign
an oath of office as shall, from time to time, be prescribed by law.
Such oath shall be taken and signed before a Judge, Magisterial District
Judge or notary public of the Commonwealth of Pennsylvania. This oath
shall be filed in written form with the Municipal Clerk prior to assuming
office.
A.
All Council persons, the Borough Manager and the department heads
in the administrative service, before commencing their official duties,
shall affirm to a code of ethics as may be adopted by the municipality
from time to time. The signed affirmation of such code of ethics by
Council persons, the Borough Manager and the department heads shall
be filed with the Administrative Secretary.
B.
The code of ethics of the Borough of Tyrone shall read as follows:
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"As an official of the Borough of Tyrone I believe:
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(1)
That the proper operation of a democratic government requires that
officials be independent and impartial in their judgments and actions
and government decisions and policies be made in the proper channels
of the government structure, that office or position not be used for
personal gain, and that the citizens have confidence in the integrity
of their government and officials.
(2)
That the realization of these ends is impaired wherever there exists
or appears to exist an actual or potential conflict between the private
interest of a municipal official and the duties of that official,
and that the public interest requires ethical standards with respect
to official duties.
(3)
Therefore, as an official or department head of the municipality,
I assert the solemn belief that the primary responsibility for maintaining
a high level of ethics among municipal officials falls upon the elected
officials and department heads in the administrative service.
(4)
Consequently, as an official of the municipality, I believe it is
my duty to:
All elected officials of the municipality shall, on or before
January 15 of every year during their terms of office, file a disclosure,
as of January 1 of that year, with the Administrative Secretary, which
shall be available for public inspection and shall contain the following
information:
A.
The names of all business or nonprofit corporations, associations,
partnerships, joint ventures, estates, proprietorships, trusts, business
activities and organizations, other than religious organizations:
(1)
With which the official has any connection as an owner, officer,
employee, consultant, contractor, creditor, shareholder, member, partner,
joint venturer, trustee, beneficiary or participant.
(2)
In which the official has any financial or property interest, in
any form, whether a legal interest, equitable interest or otherwise.
(3)
Stating, as to each name, the nature of the connection or interest.
B.
A brief description of all legal and equitable interests of any degree
in real property held by the officials.
C.
A statement of the remaining amounts of any moneys and contributions
related to the official's most recent nomination and election,
by whom and how held.
D.
The names of all creditors of the official and debts as to which
the official is cosigner, surety or guarantor in excess of $1,000.
In connection with every election to municipal office, each
candidate for nomination or election and every treasurer of a political
committee or person acting as treasurer shall file with the Administrative
Secretary a public preliminary account of receipts and expenses five
days prior to the election. The preliminary account shall be in the
same form and contain the same information as required by law to be
filed following an election, except that the information shall be
provided as of a time seven days prior to the election.
A.
General.
(1)
No candidate for election, appointment or promotion with respect
to any municipal position shall directly or indirectly give or promise,
render or pay any money or service or other valuable thing to any
person for the purpose of influencing or obtaining the support, aid
or vote for or in connection with the individual's election,
appointment or promotion.
(2)
No elected official or employee shall, in any manner, receive benefit
from the profits or emoluments of any contract, job or service for
the municipality or accept any service or thing of value, directly
or indirectly, upon more favorable terms than those granted to the
public generally from any person dealing with the municipality.
(3)
No elected official or employee shall solicit or receive any compensation,
gratuity or other thing of value for any act done in the course of
public service, except compensation for the position or employment
held in the municipality.
(4)
No elected official or employee shall compel another employee to
contribute to any fund other than required by law or ordinance.
(5)
No individual shall be appointed to or removed from or in any way
favored or discriminated against with respect to any municipal employment
or appointive office because of race, sex, political or religious
opinions or affiliations.
(6)
No individual shall willfully make any false statement, certificate,
mark, rating or report in regard to any test, certification or appointment
under the personnel provisions of the municipality or, in any manner,
commit any fraud preventing the impartial execution of such provisions.
B.
Elected officials. No elected official shall hold any other compensated
position in the municipality or any other governmental unit, except
as an officer or member of the Pennsylvania National Guard or branches
of the Federal Military Reserve.
C.
Employees. Employees are prohibited from engaging in partisan political
activity during working hours and at all times in the municipal offices
and facilities.
Any person convicted of a felony or a crime or offense involving
mortal turpitude shall for a period of two years be ineligible to
assume any municipal elected office, position or employment and, upon
conviction thereof while in office or employment shall forfeit such
office or employment.
A.
The amount of any balance or shortage or any expenditure of a fund,
made in a manner prohibited or unauthorized by law, which causes financial
loss to the municipality shall be a surcharge against any official
or employee who, by malfeasance, misfeasance or nonfeasance, has permitted
or approved such expenditure or shortage to occur.
B.
Any shortage or illegal expenditure in any report filed by the independent
auditor to the Council against any official or employee shall constitute
a surcharge, and unless appeal is taken, the Council shall cause the
same to be entered in the office of the Prothonatary of the County
of Blair as a judgment against the one surcharged in favor of the
municipality.
C.
In those instances where the Council finds that the shortage or expenditure,
as aforesaid, was not caused by malfeasance, misfeasance or nonfeasance
of the official or employee responsible therefor but occurred despite
the good faith of such person, the shortage shall not be entered as
a surcharge but the Council shall issue a special report on the matter
and shall hold a public hearing concerning the report within 60 days
after public notice of the filing of the report.
D.
It shall be lawful for the municipality or any resident thereof in
its behalf or any official or employee whose account is settled or
audited to appeal to the Court of Common Pleas of the County of Blair
from settlement or audit, as shown on the report of the auditor to
the Council, not later than 60 days after public notice of the filing
of the report.
E.
Judgments caused to be entered by the Council or by the Court after
hearing on appeal shall be enforced by appropriate proceedings.
A.
The following municipal officials shall each, before entering upon
the duties of their respective offices, give bond to the municipality,
duly approved by the Borough Solicitor and conditioned upon the faithful
performance and discharge of their respective duties and for proper
application and payment of all money or property for which they are
responsible by virtue of their offices, in the following amounts:
B.
The Council shall prescribe bonds for other individuals for whom
it deems that coverage is necessary.
C.
The expense for fidelity bonds shall be borne by the municipality.
A.
The Council and the Zoning Hearing Board shall each have the power
to conduct inquiries and investigations in aid of the exercise of
their powers and performance of their duties.
B.
The Council and the Zoning Hearing Board shall have the power to
compel the attendance of witnesses and the production of documents
and other evidence at investigative hearings and, for that purpose,
may issue or cause to be issued subpoenas signed by appropriate officials
or commission members and served as provided by law.
C.
The official presiding at any hearing shall have the power to administer
oaths to witnesses.
D.
If any person shall refuse or neglect to obey any subpoena, that
person shall, upon conviction thereof at a summary proceeding, be
sentenced to pay a fine as may be ordained and, in default of the
payment of such fines and costs, shall be imprisoned for a period
not to exceed three days.
E.
If any person shall refuse or neglect to obey any subpoena, the official
or board issuing the same may, by petition, apply to the Court of
Common Pleas of the County of Blair for its subpoena to compel the
attendance of such person before the official, the commission or the
Court. Under failure to attend, the Borough Solicitor shall request
that such person be held in contempt of court and be punished thereof.
F.
No person subpoenaed, as aforesaid, shall be required to respond
to the same until mileage and witness fees equal to those then established
by law or ordinance shall have first been furnished to the witness.
Police employed by the municipality shall be ex officio constables
of the commonwealth and shall have the powers and prerogatives conferred
on police officers by law. Police, when acting as constables, shall
have the authority to serve and execute all criminal processes for
the violation of municipal ordinances which may be issued, and the
fees and costs collected in such capacity shall be paid into the Municipal
Treasury.
Whenever any time established by this chapter for the taking
of any action expires on a Sunday or on a legal holiday, such time
shall not expire on said day but shall expire on the next weekday.
Where law or ordinance prescribes certain functions to be performed
by a designated department head under the former form of government,
such function shall be performed by the equivalent department head
to which the respective functions have been assigned by this Administrative
Code.
