[Amended 11-18-2003 by Ord. No. 333]
The public judges its government by the way public officials,
appointees and employees conduct themselves in the posts to which
they are elected or appointed. It is the responsibility of all government
officials, appointees and Borough employees to perform their duties
so that all citizens of the Borough of Chalfont may have complete
confidence in the integrity of their government. The proper operation
of a democratic government requires that public officials, appointees
and employees be independent, impartial and responsible to the people;
government decision and policy be made in the proper channels of the
government structure; public office be used for the public benefit
alone and not for personal gain; and that the public have confidence
in the integrity of its government. Government officials, appointees
and employees must avoid all situations where prejudice, bias or opportunity
for personal gain could influence their actions or decisions and,
further, must seek to avoid even the appearance of improper conduct.
[Amended 11-18-2003 by Ord. No. 333]
A.
Public officials, appointees and Borough employees are agents of
the public and, while performing their duties in the public interest,
are bound to uphold, support and defend the Constitution of the United
States and the Constitution of the Commonwealth and to faithfully
follow and administer the law.
B.
The duty of public officials, appointees and Borough employees to
work in the public interest entails responsibility for the proper,
efficient and economical management of all public funds, property
and other resources. All compensated public officials, appointees
and Borough employees shall faithfully discharge their duties to the
best of their abilities and shall perform a full day's work for
a full day's pay.
C.
Public officials shall administrate fair and equal treatment of all
persons, claims and transactions, regardless of race, age, sex or
association, petitioning before the Borough of Chalfont.
[Amended 11-18-2003 by Ord. No. 333]
A.
CONFLICTS OF INTEREST
GIFT
ORGANIZATIONAL RESPONSIBILITY
PERSONAL RELATIONSHIP
To assure independence and impartiality on behalf of the citizens
of the Borough of Chalfont, public officials, appointees and employees
shall not use their public positions to influence or otherwise affect
government decisions or actions. Officials shall disclose investments,
interests in real property, sources of income and gifts, any organizational
responsibility, a personal relationship or any other interest that
may present apparent or real conflicts of interests. Officials shall
abstain from participation in deliberations or decisionmaking where
any conflicts are deemed to exist. The following terms shall have
the meanings indicated:
Any decision, deliberation, advisement or other association
that presents an apparent or real conflict between any public official,
appointee or employee's performance in government and that same
person's performance in a private capacity.
Anything which is received without consideration of equal
or greater value. The term shall not include a political contribution
otherwise reportable as required by law or a commercially reasonable
loan made in the ordinary course of business. The term shall not include
hospitality, transportation or lodging.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any responsibility to an organization other than the administration
of the Borough of Chalfont government.
Any relationship, whether of immediate kinship and blood
relation or that of sustained or material friendship.
B.
In order that all public officials, appointees and Borough employees
may clearly understand the areas of possible conflicts of interest,
the following guidelines are set forth:
(1)
Adverse financial interest. No public official, appointee or Borough
employee shall engage directly or indirectly in any personal business
transaction or private arrangement for personal profit which accrues
from or is based upon his official position or authority. A public
official, appointee or Borough employee who participates in the negotiations
of contracts, the settlement of any claims or charges in any contracts,
the granting of subsidies, the fixing of rates or the issuance of
valuable permits or certificates to, with or for any entity shall
not have, directly or indirectly, any financial or personal interest
in that entity.
(2)
Representation of interests. No public official, appointee or employee
shall assist another person by representing him directly or indirectly
as his agent, whether or not for compensation, in any transaction
involving the Borough, except to provide assistance rendered in the
course of or incident to his official duties, except persons who hold
uncompensated Borough positions in matters unrelated to the position
held. No attorney employed by the Borough shall represent any person,
association or corporate body in any matter pending before the department
by which he is employed or any other department over which his department
exercises substantial dominion or control.
(3)
Gifts and favors. Public officials, appointees and employees and
the immediate families of said officials, appointees and employees
shall not, directly or indirectly, solicit, accept or agree to accept
any gift of money or goods, loans or services for personal benefit
under any circumstances that may influence or compromise the manner
in which the public officials, appointees or Borough employees perform
their work, make their decisions or otherwise perform their duties.
(4)
Misuse of information. No public official, appointee or employee
shall, for his or her own personal gain or for the gain of others,
use any information not available to the public at large, nor shall
he or she divulge confidential information in advance of the time
prescribed for its authorized release. An official, appointee or employee
shall not receive compensation for consultation which substantially
draws upon official ideas or data which has not been disclosed to
the public.
(5)
Supplementary employment. No official, appointee or employee shall
engage in or accept private employment or render services for private
interests, which such employment or service is incompatible or in
conflict with the proper discharge of his or her official duties or
which would tend to impair his or her independence, judgment or action
in the performance of his or her official duties. Supplementary employment
may be undertaken only when not in conflict with the conditions of
employment promulgated by the appointing authority.
(6)
Business transactions. No official, appointee or employee shall directly
or indirectly engage in any business transaction or private employment,
or have any financial or other private interest, which is in conflict
with the proper discharge of his or her official duties. No official,
appointee or employee shall attempt to influence the course of any
proposed legislation in which he or she or a family member or business
associate has a present or potential interest, direct or indirect,
except as provided under the Borough Charter or state law, where applicable.
Public officials shall not vote on any proposed legislation coming
before the Borough Council in which they have such a financial interest,
unless prior public disclosure of such financial interest, in accordance
with Commonwealth of Pennsylvania statutes governing same, has been
made.
[Added 11-18-2003 by Ord.
No. 333]
Public officials, appointees and employees shall refrain from
the use of public resources not available to the public at large for
private gain or personal purposes.
[Added 11-18-2003 by Ord.
No. 333]
Public officials may represent the policies and positions of
the Borough government to the best of their abilities when designated
as delegates for such purpose. When representing their own individual
opinions or positions, officials shall state explicitly that such
information is not representative of the position of any administrative
body within the Borough of Chalfont government and shall not allow
such an inference to occur.
[Added 11-18-2003 by Ord.
No. 333]
Public officials and appointees shall respect and adhere to
the administrative policies and the administration of Borough government.
Public officials and appointees shall not interfere with the administrative
functions or the professional duties of any other government official,
nor shall they impair the ability of any staff member to implement
the administrative policies of the Borough of Chalfont. "Interfere"
shall mean any action with a motive not conducive to the proper management
of established administrative policies.
[Added 11-18-2003 by Ord.
No. 333]
No public official, appointee or employee shall grant, offer
or provide any privilege beyond that which is available to every other
person or business.
