The purpose of this Code of Conduct ("code") is to define the
expected conduct of elected and appointed County officials. This code
consists of policies and implementing rules intended to advance the
County's goal of providing efficient and high quality services
to its residents, and providing a safe and productive work environment
for its employees.
The York County Commissioners have adopted a Code of Conduct
for members of the County government to assure public confidence in
the integrity of local government and its effective and fair operation.
A. Fidelity in office.
(1) The residents, citizens and businesses of the County of York are
entitled to have a fair, ethical and accountable County government
which has earned the public's full confidence for integrity.
In keeping the County of York to a commitment of excellence, the effective
functioning of democratic government therefore requires that:
(a)
Public officials, both elected and appointed, comply with both
the letter and spirit of the laws and policies affecting the operation
of County government.
(b)
Public officials shall be independent, impartial and fair in
their judgment and actions.
(c)
Public office should be used for public good not for personal
gain.
(d)
Public deliberations and processes be conducted openly, unless
legally confidential, in an atmosphere of respect and civility.
(e)
Public officials, both elected and appointed, shall be thoroughly
familiar with the rules of law that apply to their offices.
(2) The ethics sections of the state law, together with the York County
Policy Manual and York County Code, provide guidance on both ethical
issues and questions of what is right and what is wrong.
B. Acting in the public interest. It is important to recognize that
stewardship of the public interest must be a primary concern of elected
and appointed officials, who shall work for the common good of the
people of the County of York and not for any private or personal interest.
They will assure fair and equal treatment of all persons, claims and
transactions coming before the County Commissioners, or its boards,
and County commissions and authorities.
(1) Elected and appointed officials must comply with both the spirit
and letter of the law. Members shall comply with the laws of the United
States, Commonwealth of Pennsylvania and the policies and procedures
established in the County Code and County Policy Manual. The laws
applicable to elected and appointed officials are not limited to those
in the United States and Pennsylvania Constitution, but also all laws
that pertain to conflict of interest, election campaigns, financial
disclosure, employer responsibilities and open processes of government
and County ordinances and policies.
(2) The professional and personal conduct of elected and appointed officials
must be above reproach and such so as to avoid even the appearance
of impropriety. Elected and appointed officials shall refrain from
abusive conduct, bullying, or verbal attacks upon the character or
motive of other appointed or elected officials and all employees of
County government.
(3) Elected and appointed officials shall perform their duties in accordance
with the processes and rules of order established by the law, including
those policies specifically established by the Board of Commissioners
governing the deliberation of public policy issues, meaningful involvement
of the public and implementation of policies and decisions of the
County Commissioners.
(4) Elected and appointed officials shall prepare themselves for public
issues, internal administrative issues and, where applicable, personnel
issues. Officials shall listen courteously and attentively to all
public discussions before any hearing or meeting and focus on the
business at hand. They shall refrain from interrupting other speakers,
making personal comments not germane to the business of the body,
or otherwise interfering with the orderly conduct of meetings.
(5) Elected and appointed officials shall base their decisions on the
merits and substance of the matter at hand rather than on unrelated
considerations, and only after full and proper investigation of the
relevant facts and complete research of the applicable rules and principles,
so that such decisions are fully informed.
(6) Elected and appointed officials shall publically disclose substantive
information that is relevant to a matter under consideration which
they may have received from sources outside of the public decisionmaking
process.
(7) Because of the value of independent advice of authorities and boards
to the public decisionmaking process, members of the County Commission
and all elected and appointed County officials shall refrain from
using their position to unduly influence the deliberation or outcome
of authority boards and the meetings of the Board of Commissioners.
(8) Elected and appointed officials shall support the maintenance of
a positive and constructive workplace for the County employees and
for citizens and businesses dealing with the County.
(9) Elected and appointed officials shall recognize their special role
in dealing with County employees to in no way create the perception
of inappropriate direction to staff.
All elected and appointed officials should practice civility
and decorum in discussions and debates. Difficult questions, tough
challenges to a particular point of view and criticism of ideas and
information are legitimate elements of a free democracy in action.
This does not allow, however, appointed and elected officials to make
belligerent, personal, impertinent, slanderous, threatening, abusive
or disparaging comments. No shouting or physical action construed
as threatening will be tolerated.
A. Respect the role of the chair in maintaining order. It is the responsibility
of the Chair to keep the comments of members on track during public
meetings. Members should honor efforts by the Chair to focus discussion
on current agenda items. If there is disagreement about the agenda
or the Chair's actions, these objections should be voiced politely
and with reason, following procedures outlined in parliamentary procedures.
B. Avoiding personal comments that could offend other members. If a
member of the Commission or a board or authority is personally offended
by the remarks of another member, the offended member should make
notes of the actual words used and call for a "point of personal privilege"
that challenges the other member to justify or apologize for the language
used. The Chair will maintain control of this discussion.
C. Independence of authorities, boards and departments. Because of the
value of the independent advice of authorities, boards and departments
to the public decisionmaking process, members of the Board of Commissioners
shall refrain from using their position to unduly influence the deliberation
or outcomes of authority, boards or department proceedings.
Elected and appointed officials shall support the maintenance
of a positive and a constructive workplace environment for County
employees and for citizens and businesses dealing with the County.
Elected and appointed officials shall recognize their special role
in dealing with County employees and in no way create the perception
of inappropriate direction to staff.
A. Civil and cordial relations. Civil and cordial relations are critical
to the appropriate performance of governmental function. No elected
or appointed official shall bully or use threats or force upon any
person to accomplish any task. While sometimes a disciplinary action
must be taken, it should always be done in a civil and proper way,
following procedures of fairness and due process appropriate to the
question at hand. The constant and consistent theme through all of
the conduct guidelines is "respect." All elected and appointed officials
sometimes experience huge workloads and tremendous stress in making
decisions that could impact thousands of lives. Despite these pressures,
elected and appointed officials are called upon to exhibit appropriate
behavior at all times. Demonstrating respect for each individual through
words and actions is the touchstone that can guide elected and appointed
officials to do the right thing even in the most difficult situations.
Elected and appointed officials are composed of individuals with a
wide variety of backgrounds, personalities, values, opinions and goals.
Despite this diversity, all have chosen to serve in public office
in order to preserve and protect the present and future of the County.
In all cases, this common goal should be acknowledged even though
individuals may "agree to disagree" on contentious issues.
B. Conflict of interest. In order to assure their independence and impartiality
on behalf of the common good, elected and appointed officials shall
not use their official positions to influence government decisions
in which they have an anterior, financial interest or where they have
an organizational responsibility or personal relationship, which may
give the appearance of a conflict of interest. In accordance with
the law, members shall disclose investments, interest in real property,
sources of income and gifts, and they shall abstain from participating
in deliberations and decisionmaking where conflicts may exist.
C. Gifts, favors and misuse of authority. Elected and appointed officials
shall not take any special advantage of services or opportunities
for personal gain by virtue of their public office that is not available
to the public, in general. They shall refrain from accepting any gifts,
favors or promises of future benefits which compromise their independence
of judgment or action or give the appearance of being compromised.
D. Confidential information. Elected and appointed officials shall respect
the confidentiality of information concerning the property, personnel
or affairs of the County. They shall neither disclose confidential
information without proper legal authorization nor use such information
to advance their personal, financial or other private interest.
E. Use of public resources. Elected and appointed officials shall not
use public resources not available to the public such as County staff
time, equipment, supplies or facilities for private gain or personal
advancement or advantage of any kind.
F. Leadership.
(1) True leadership requires planning foresight. There are times when
adhering to the commitments of campaign promises or complying with
the demands of many vocal electors may not be in the long-term best
interest of the County population. It might not even be consistent
with established County policy. For example, adhering to a policy
of no tax increases is perennially popular. There may be times, however,
when modest increases in taxes now may avoid catastrophic tax increases
in the foreseeable future.
(2) The final decision of elected and appointed officials, whether popular
or not, must be guided by the conscience of each elected and appointed
official. So long as it is a decision based upon an unbiased, complete
investigation, with knowledge of the probable consequences, which
are explained by the decisionmaker, the decision will be the right
one.
[Added 1-23-2013 by Ord. No. 2013-01]
A. Purpose. The purpose of this section is to establish guidelines of
integrity and civility. It is not intended and shall not be interpreted
to conflict with or alter any rights, obligations, or duties of the
elected or appointed officials in the County of York that arise from
any constitution, law, regulation, standard, guideline or lawful custom.
B. Salary and compensation. This section and any policies amended or
approved by the Board of Commissioners for inclusion in the York County
Policy Manual are not intended to and shall not alter, change, modify,
restrict, or in any way impinge on any rights granted to elected officials
by the Act of August 9, 1955, P.L. 323, § 1620, as amended
June 29, 1976, P.L. 460 No. 115, § 1, 16 P.S. § 1620
(the County Code of Pennsylvania).