[Adopted 11-10-2016 by Ord. No. 2255, approved 11-10-2016]
The background of this article and its legislative intent are
as follows:
A.
Pursuant to Article II, Section 210, of the Carlisle Home Rule Charter, Council is charged with establishing an Administrative Code which shall include, inter alia, a Code of Accountability, Conduct and Ethics.
B.
Due to being in positions of public trust and engaging in public
service to advance the public interest, Council believes the Code
of Ethics must be applicable to elected and appointed Borough officers,
Borough employees and members of boards and committees established
by Borough Council.
The following words and phrases, as used in this article, shall
have those meanings as prescribed in this section:
Any person appointed to any commission, committee or authority
of the Borough by Borough Council, including, but not limited to,
the Zoning Hearing Board, Planning Commission, Civil Service Commission
and Carlisle Borough Sewer System Authority.
Any person employed as an employee of the Borough of Carlisle,
whether a full-time or part-time employee, but excluding police officers
who are subject to collective bargaining under applicable law.
This article shall apply to and shall guide the actions of all
elected and appointed officials, board members and employees of Carlisle
Borough to avoid any conflicts of interest as specifically noted and
described herein.
No elected or appointed official, board member or employee of
the Borough shall:
A.
Engage in any activity or take any action by virtue of his or her
position from which activity or action the official, board member,
employee or any other person or entity in whose welfare the official,
board member or employee is interested, shall benefit or realize a
gain or advantage. Such benefit, gain or advantage shall not, however,
be construed to be prohibited if the action in question is on behalf
of a group of citizens of the Borough and such benefit and relationship
are generally known and acknowledged.
B.
Solicit or accept, directly or indirectly, any gift, favor, service,
commission or other consideration that might reasonably tend to influence
the official, board member or employee in the discharge of the duties
of office or position.
C.
Seek to influence, directly or indirectly, the awarding or approval
of any contract, plan or document where such official, board member
or employee is interested or would benefit directly or indirectly,
financially or otherwise, from said contract, plan or document. Such
action is not intended to apply to actions of a member of Borough
Council or any board members on behalf of a group or class of citizens
of the Borough who would benefit from the contract, plan or document,
and such benefit and relationship are generally known and acknowledged
and acting under the authority of any law or code of the Borough of
Carlisle.
A.
Any elected or appointed official of the Borough, board member or
Borough employee having any direct or indirect financial interest
as a partner or a stockholder of a corporation or an employee of a
business entity which proposes to contract with the Borough for the
purchase or sale of land, materials, supplies or services of any kind
shall fully disclose said interest and shall not vote on said contract.
Persons with holdings in a privately held company, entity or partnership
of less than $1,000 or 0.1% of a publicly traded corporation shall
be exempt from the requirements of this subsection. Violation of this
section shall render the contract void at the discretion of Borough
Council.
B.
Council members, board members, the Borough Manager and any other
elected or appointed official shall, upon taking office, file with
the Borough Secretary a statement of direct, indirect or beneficial
ownership of real property in the Borough of Carlisle or direct, indirect
or beneficial interest in any corporation, partnership or joint venture
owning real property in the Borough of Carlisle. This statement shall
be revised promptly as required as a result of any change in ownership.
All elected and appointed officials, board members and employees
of the Borough shall:
A.
To the best of their ability, learn and observe the laws governing
the conduct of officials and employees of municipalities of Pennsylvania.
B.
Serve first the advancement of the public interest before the interest
of any persons, factions or parties.
C.
Abide by policies duly established by the Borough Council and adhere
to the standard rules and procedures relating to the performance of
Carlisle Borough governmental functions.
D.
Strive at all times for civil conduct in keeping with the trust and
dignity vested in public service.
E.
Strive to increase their knowledge and understanding of municipal
government and improve their competence in the performance of the
functions necessary to the operation of local government.
F.
Respect all Borough equipment, books, records and information.
G.
Not use confidential information, to which they have access by virtue
of their public office or position, to their personal advantage nor
to the advantage of their employer, spouse, family member, friend
or acquaintance.
All elected and appointed Borough officers, employees and board
members, as soon as reasonably practicable after their election, appointment
or employment, shall complete and execute the following acknowledgment,
which acknowledgment shall be maintained by the Borough of Carlisle
during the period of such person's appointment, employment or
service:
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ACKNOWLEDGEMENT
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I have read the Code of Ethics adopted by the Borough Council
of the Borough of Carlisle. I accept the Code of Ethics and agree
to comply with the Code of Ethics. I understand that it is my responsibility
to disclose in writing a full description of any activity, interest,
or relationship on my part that could create or create the appearance
of a conflict of interest or otherwise violate the provisions of the
Code of Ethics or applicable state law as soon as practical after
the inception of the activity, interest or relationship.
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To the best of my knowledge and belief, I am not now engaged
in any activity, interest or relationship that would create or appear
to create a conflict of interest or violation of the Code of Ethics
except as indicated below. I therefore expressly agree to act in accordance
with this Code of Ethics.
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The only situation(s) that could possibly give rise to the
appearance of a conflict of interest or violation of the Code of Ethics
is/are as follows:
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Date:________________
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Signature:___________________________________
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The provisions and requirements of this article shall be in
addition to those obligations and requirements governing the acts
and conduct of persons as applicable under the Pennsylvania Public
Official and Employee Ethics Act,[1] the laws and the codes of the Commonwealth of Pennsylvania
and the Carlisle Home Rule Charter.
[1]
Editor's Note: See 65 Pa.C.S.A. § 1101 et seq.
