[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
1. 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. Such confidence and respect can best be promoted if
every public official and employee, whether paid or unpaid and whether
elected or appointed, will uniformly:
A. Treat all citizens with impartiality, fairness, and equality under
the law.
B. Avoid both actual and potential conflicts between their private self-interest
and the public interest.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
As used in this chapter, the following terms shall have the
meanings indicated:
FINANCIAL INTEREST
Any interest which shall yield, directly or indirectly, a
monetary or other material benefit to the official or employee or
to any person employing or retaining the services of the official
or employee. "Financial interest" shall not include cases where the
official or employee is a party to or is associated with a party to
a transaction with the Township when such official or employee has
no possible influence in the transaction.
OFFICIAL OR EMPLOYEE
Any person elected or appointed to, or employed or retained
by, any public office or public body of the Township, whether paid
or unpaid and whether part-time or full-time.
PARTY
A person, firm, corporation, or other entity participating
in and intending to participate in any transaction with the Township
in any manner which would give the person, firm, corporation, or entity
a personal or financial interest in the transaction.
PERSONAL INTEREST
Any interest arising from blood or marriage relationships
or from close business associations, whether or not any financial
interest is involved.
PUBLIC BODY
Any agent, board, body, commission, committee, department,
or office of the Township.
TRANSACTION
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.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
No official or employee shall grant or make available to any
person any consideration, treatment, advantage or favor beyond that
which is in the general practice to grant or make available to the
public at large.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
1. Financial or Personal Interest. No official or employee, either on
his/her own behalf or for any other person, shall have any financial
or personal interest in any transaction with any public body.
2. Disclosure and Disqualification. All officials and employees shall,
upon taking office, file a financial disclosure statement of all areas
of financial interest or personal interest as set forth by the Commonwealth
State Ethics Act, Act 120 of 1978, as amended, or as may be amended
from time to time. Whenever the performance of their official duties
shall require any official or employee to deliberate and vote on any
matter involving their financial or personal interest, they shall
publicly disclose the nature and extent of such interest and disqualify
themselves from participating in the deliberation as well as in the
voting.
3. Incompatible Employment. No official or employee shall engage in
private employment with or render service for any party in connection
with any transaction with any public body. Except where authorized
by law, no official or employee shall hold any other position as an
official or employee during the term for which they were elected or
appointed to their present office, and no former official or employee
shall hold any appointive compensated position as an official or employee
until one year after the expiration of the term for which they were
elected or appointed. No official or employee shall be prohibited,
under this subsection, from serving on any public body or on any intergovernmental
agency or council of government which would be in furtherance of their
duties and responsibilities as an official or employee, but no additional
pay shall be received for any such services. This subsection shall
not prohibit the Township Manager from serving as the Township Secretary
or Treasurer simultaneously.
4. Representation of any Party. No official or employee shall appear
on behalf of any private person, other than themselves, before any
public body, except by issuance of a subpoena issued by a court having
jurisdiction over the subject matter at issue.
5. Gifts and Favors. No official or employee shall accept any gift,
whether in the form of money, thing, favor, loan, or promise, that
would not be offered or given to them if they were not an official
or employee, except that food or drink consumable at one meal shall
not be considered a gift or favor.
6. Confidential Information. No official or employee shall use or permit
the use of any confidential information acquired by them through their
position as an official or employee to advance the financial or personal
interest of themselves or any other person or entity.
7. Service as Attorney. No official or employee shall serve as attorney
for a public body during the period that they serve as an official
or employee and for one year thereafter. This shall not prohibit the
Township Attorney from serving any public body in the Township where
he/she is the attorney.
8. Township Attorney. The Township Attorney or his/her firm shall not
be permitted to serve a party in any matter in which the Township
is an adverse party. The Township Attorney shall guard against conflicts
of interest and shall promptly inform the Board of Supervisors of
any potential conflict of interest which he/she may have in any particular
matter.
9. Purchases or Sales by Officials or Employees. No official or employee
shall be a purchaser in any sale involving the Township, except by
sealed or competitive bid, nor shall an official or employee be a
vendor, directly or indirectly, of any item purchased by them in their
official capacity, including a purchase or sale by a parent, spouse,
child, brother, sister, or like relative-in-law or by any person,
firm, partnership, corporation, business association, trustee or straw
party for or on behalf of such official or employee in compliance
with § 8.06 of the Home Rule Charter.
10. Independence of Judgment. No official shall accept other employment
or receive any compensation or make any investments that would impair
their independence of judgment in the performance of their duties
as an official or employee.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
Every transaction made in violation of the provisions of this
chapter may be voided at the insistence of any party to the transaction,
except the official or employee interested therein, upon written election
thereof delivered to the Township Manager before the transaction is
completed or within 90 days after completion. No such transaction
may be voided because of the interest of an official or employee unless
such transaction is made in the official capacity of such official
or employee, by a public body of which they are an official or employee
or on the recommendation of a public body of which they are an official
or employee.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
Subject to due process of law, any official or employee who
violates any provision of this chapter may be disqualified from being
an appointed official or employee in the Township for four years after
the date of the transaction in which the violation occurs. If the
violation occurs while he/she is serving as an appointed official,
he/she may be removed from his/her position as an appointed official
by a majority vote of the Board of Supervisors subject to procedural
and substantive procedure of law. If the violation occurs while he/she
is serving as an employee, he/she may be removed from his/her position
as an employee by the Township Manager, all in accordance with the
statutes of the Commonwealth of Pennsylvania.
[Ord. 105, 4/13/1976; as revised by Ord. 374, 1/10/1989]
1. As required by the Commonwealth of Pennsylvania State Ethics Act,
Act 170 of 1978, a statement of financial interest shall be filed
in accordance with the statute.
2. The Township Manager shall maintain a file of all disclosure statements,
which shall be available for public inspection at reasonable times
in the Township office. The Manager shall also maintain a register,
also available for public inspection, of the name and address of each
person requesting inspection and the date the inspection was made.
3. The Township Manager shall distribute standard forms for the financial
disclosure statement. No disclosure statements shall indicate dollar
or other value of an interest. The financial disclosure statement
shall be the standard form used by the State Ethics Commission.