[Amended 5-19-2020 by Ord. No. 946, approved 5-19-2020]
A.Â
Any member of the Borough Council who receives, or has received,
during the previous two years, a significant portion of income directly
or indirectly from an industrial user is deemed to have a conflict
of interest regarding pretreatment matters (including discussions
regarding enforcement) pertaining to such industrial user. For any
Borough Council meeting, discussion or deliberation pertaining to
pretreatment activities of a specific industrial user where a Borough
Council member is present, any Council member who has a conflict of
interest as described above shall excuse himself/herself, refrain
from voting and actively participating in the matter pertaining to
the industrial user and shall:
(1)Â
Leave the room while the discussions are being held so as not to
be privy to the discussions if the Borough is in executive session
or the discussion is not otherwise open to the general public; and
(2)Â
Not participate in the discussion so as to foster an opinion or attempt
to otherwise persuade the Borough Council members as to the appropriate
response if the meeting or discussion is open to the public.
B.Â
For the purpose of this section "significant portion of income" means
10% or more of gross personal income for a calendar year, except that
it means 50% or more of gross personal income for a calendar year
if the recipient is over 60 years of age and is receiving that portion
under retirement pension, or similar arrangement. "Income" includes
employee salary, retirement benefits, consultant fees, and stock dividends,
but does not include mutual fund payments, or payments from other
diversified investments for which the recipient does not know the
identity of the primary sources of income. This provision does not
supersede any other legal obligations under federal, state or local
law which may impose more stringent requirements.