[HISTORY: Adopted by the Borough Council of the Borough of Media
4-21-1993 by Ord. No. 858. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 43.
The title of this chapter shall be the "Borough of Media Officers and
Employees Ethics Act."
As used in this chapter, the following words and terms shall have the
meanings given to them in this section:
Any department, bureau, authority, commission, board or other governmental
body within or established by a borough, including Borough Council.
An individual holding an office, named in the Borough Code or in any
other ordinance of this borough, to which he or she is named by Borough Council
and who receives compensation from the borough for his or her services. "Appointed
official" shall not include either an individual who receives no compensation
other than reimbursement for actual expenses or any individual who serves
on a part-time basis.
An individual employed by the borough on a full-time or part-time basis,
exercising supervisory authority over any other borough employee and/or performing
nonministerial action in connection with borough affairs.
Information that may not be obtained from reviewing a public document
or from the public record or from making inquiry to a publicly available source
of information.
An individual holding a borough office in the choice of the electorate
and provided for in Article VIII of the Borough Code.
[1]An individual employed by the borough on a full-time or part-time
basis and not coming within the definition of "elected officer" or "appointed
officer."
A payment, subscription, advance, forbearance, rendering or deposit
of money, services or anything of value, unless consideration of equal or
greater value is received. "Gift" shall not include a political contribution
otherwise reported as required by law, a commercially reasonable loan made
in the ordinary course of business or a gift received from a member of the
person's immediate family or from a relative within the third degree of consanguinity
of the person or of the person's spouse or from the spouse of any such relative.
The spouse of an individual and those related by blood, adoption
or marriage who are full-time residents of that individual's household.
A natural person.
An action that an individual performs in a prescribed manner in obedience
to the mandate of legal authority, whether by law, ordinance, regulation or
in the instructions of a superior, and without regard to, or the exercise
of, the individual's own judgment as to the desirability of the action being
taken.
An action that an individual performs as part of his official powers,
duties, authority or functions, in which he has authority to exercise discretion
or judgment as to the legality or desirability of the action being taken.
A member of an individual's immediate family and also that individual's
father, mother, grandfather, grandmother, son, daughter or sibling, whether
by blood, adoption or marriage, the latter including, for example, stepparents,
stepchildren and half brothers and half sisters.
The intrinsic worth, expressed in dollars, of anything, if that worth
is known or easily obtainable; otherwise a good-faith estimate of that worth.
[1]
Editor's Note: See 53 P.S. § 45801 et seq.
No elected or appointed officer and no employee shall use his or her
borough office or employment in order to obtain any financial gain for himself
or herself, any relative of his or her or any business with which he or she
is connected. "Financial gain" shall not apply to or include the authorized
salary or other compensation paid that individual by the borough and application
to his or her office, position, rank or class.
It shall be unlawful for any elected candidate for elected office to
accept from any other person, or to allow any of his or her relatives or any
business with which he or she is connected to accept, any valuable thing,
including a gift, loan, political contribution or reward, based upon an understanding
that the vote, official action or judgment of the recipient will be influenced
by that action.
A.
It shall be unlawful for any elected or appointed officer
or for any employee to appear in behalf of another private interest before
any agency of the borough or to represent any private interest in any action
or proceeding against the interests of the borough in any litigation to which
the borough is a party.
B.
It shall be unlawful for any former elected or appointed
officer, for a period of two years from his or her last day in office, to
appear in behalf of another private interest before any agency of the borough
or to represent any private interest in any action or proceeding against the
interests of the borough in any litigation to which the borough is a party.
It shall be unlawful for any elected or appointed official or for any
employee, without proper authorization, to disclose confidential information
concerning the property, government or affairs of the borough. Nor shall any
such officer or employee use that information to advance the financial, personal
or private interest of himself or herself or any other person.
It shall be unlawful for any elected or appointed officer or for any
employee to engage in or accept employment or to render services for any public
or private agency or entity when that employment or service is incompatible
with the proper discharge of his or her official or designated or assigned
duties for the borough or would tend to impair his or her independence of
judgment or action in the performance of those borough duties.
It shall be unlawful for any elected or appointed officer, or for any
employee, to grant any special consideration to any person or individual beyond
that which is available to every other person or individual.
A.
It shall be unlawful for any full-time appointed officer
or employee to use the prestige, power or influence of his or her position
on behalf of any political party or for any political cause.
B.
No full-time appointed officer and no employee shall,
orally, by letter or otherwise, solicit or be in any manner concerned in soliciting
any assessment, subscription or contribution to any political party; nor shall
he or she be a party to such solicitation by others.
C.
No elected or appointed officer and no employee shall
promise an appointment to any borough position as a reward for any political
activity or remove or threaten the removal of another officer or employee
for failure to participate in political activity.
Upon leaving office, it shall be unlawful for any elected officer to
hold a full-time position as an appointed officer or employee of the borough
for a period of four years from his or her last day in office.
It shall be unlawful for any elected or appointed officer or for any
employee to use or to request or permit the use of any vehicle, equipment,
material or property owned or under the control of the borough for the convenience
of or profit to himself or herself or any relative or business associate,
except under conditions when that use is available to the public generally
or as provided as borough policy.
Any person who violates any provision of this chapter shall be guilty
of an offense and, upon conviction, shall be sentenced to pay a fine not exceeding
$300 and costs and, in default of payment of fine and costs, imprisonment
for not more than 30 days. If that person is an elected or appointed officer,
he or she shall be subject to surcharge to the extent of the damage shown
to be sustained by the borough from his or her unlawful act and also to ouster
from his or her office or position, at which point a vacancy of that elected
or appointed office shall be declared and filled in accordance with Section
901 of the Borough Code, 1990 Edition.[1]
[1]
Editor's Note: See 53 P.S. § 45901.
