[HISTORY: Adopted by the Borough Council of the Borough of
Columbia as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-14-2019 by Res. No. 2019-09]
As used in this article, the following terms shall have the
meanings indicated:
An individual holding public office who won the position
in a free election or one who has been appointed by a majority vote
of the elected body when there is a vacancy of the office due to resignation
or other reason.
A.
Elected official participation in community activities. From time
to time, elected officials may choose to participate in community
activities, committees, events, organizational boards, and task forces.
When a Council member participates in these types of activities, the
Council member is acting as an interested party providing personal
observations or expression of thoughts rather than acting on behalf
of Borough Council which, by necessity, may act only as a body in
a properly noticed public meeting.
B.
Elected official participation in community activities on behalf
of Borough Council. Acting or participating on behalf of Borough Council,
including oral and written correspondence such as speeches and/or
letters to residents and other groups or organizations, is limited
to those instances when Council has designated the elected official
as its representative for the matter and formally authorized that
elected official to speak on its behalf.
C.
Speaking to the media. Normally, the Council President assumes the
responsibility for providing statements representing Council's
collective position to the press. The Council President may appoint
another elected official to assume the responsibility in his/her absence.
The Mayor may also at his/her discretion provide statements representing
his/her position to the press. Any comments made by individual elected
officials which have not been made by the President, his designee
or the Mayor should be understood to be that elected official's
personal observations or expression of thoughts.
D.
Acting responsibly. Each elected official is responsible for their
own actions and words. Being in public office necessitates elected
officials being held to a higher standard. Elected officials are reminded
that when they speak, their words matter, and they are expected to
take ownership and be responsible for their words and actions.
A.
Annual ethics forms shall be submitted to the Borough Office in a
timely manner.
B.
Elected officials shall not disclose confidential information to
which they have access by virtue of their public office or position.
Unless otherwise noted, all emails and working draft documents shared
between staff and Borough Council are pre-decisional in nature, considered
privileged and confidential and, as such, are not intended for public
dissemination or discussion. Matters circulated by legal counsel are
subject to the attorney-client privilege which members should not
waive without action from Council. Personnel records should also be
held in the strictest confidence.
C.
Personal gifts, favors, loans, services, payments and other inducements,
made either directly to the elected official or to a family member
of the official where there is reason to believe such gifts, favors,
or inducements are offered to influence official actions in favor
of the donor, should be refused. Any in-kind and/or cash gift, favor,
tip, service, etc. with a value over $20 shall be disclosed to the
Borough Manager and/or Borough Council who may require that such item
be refused or returned. Nominal token gifts including holiday food
baskets, calendars, and meals may be accepted.
D.
In any situation where the Borough is a party, elected officials
shall not divulge any information or advice not generally available
to the public.
A.
Letters addressed to Mayor and/or Council: All letters addressed
to the Mayor and/or Council requiring a response from staff are copied
to all Council members, the Borough Manager, and the Mayor along with
a copy of any response provided.
B.
Letters addressed to individual Council members: All letters addressed
to Council members requiring a response from staff are copied to all
Council members, the Borough Manager, and the Mayor along with a copy
of the response. Letters addressed to individual Council members that
do not require a response from staff but which provide information
on Council matters are copied to the full Council and the Mayor.
C.
Council correspondence: All Council member correspondence written
with Borough resources (letterhead, logos, staff support, postage,
etc.) will reflect the position of the full Council, not individual
Council member positions. All Council member correspondence using
Borough resources will be copied to the full Council, the Borough
Manager, and the Mayor.
Elected officials may be reimbursed for expenses incurred while
traveling to, from, and during attendance at Borough-related events
and conferences pre-approved by Council. Reimbursement shall include
mileage, meals, tuition and lodging. Expenses for lodging may be paid
in advance by the Borough. All other reasonable expenses are reimbursed
after submission of an itemized account of expenses.
A.
Mayor to Act as ceremonial representative: The Mayor is delegated
the responsibility to act as Council's ceremonial representative
at public events and functions. In the Mayor's absence, the Council
President assumes the responsibility. The Mayor may appoint another
Council member or the Borough Manager to assume the responsibility
in his/her absence.
B.
Oversight of the Police Department: The Mayor directs the Chief of
Police on day-to-day activities of the Police Department. The Mayor's
powers with respect to the Police Department are pursuant to and limited
by the authority granted to the Mayor under the Borough Code, as amended.
Issues regarding Department ranks, including the duties of each rank;
appointing, suspending, reducing in rank, or discharging officers;
establishing the size of the Department; and controlling budget and
finance are reserved to Borough Council. Council's powers with
respect to the Police Department are pursuant to and limited by the
authority granted to Council under the Borough Code, as amended.
These rules, wholly or in part, may be amended or repealed by
majority vote in any regularly scheduled meeting of Borough Council.
Rules adopted to expedite and facilitate the transition of the business
of Council in an orderly fashion shall be deemed to be procedural
only, and the failure to strictly observe any such rules shall not
affect the jurisdiction of or invalidate any action taken by Council.