It is the intent of this Article to place responsibility for the Administration
of the Code of Ethics with a nonpartisan Board of Ethics whose members can
bring a wide variety of perspectives to ethical questions. Members of the
Board are to be appointed directly by the organizations listed in this Article,
except as noted below.
Responsibility for the implementation of this Article shall rest with
the Council.
Within thirty (30) days of the effective date of the ordinance adopting
this code, there shall be created a Board of Ethics (hereinafter referred
to as "the Board"). This Board shall be composed of seven (7) members. Each
organization below shall appoint one (1) representative to the Board, who
shall be the head of the organization or his/her designee, with the exception
of the citizen member at-large who shall be appointed by two-thirds (2/3)
of the members of Borough Council. All Board members shall be residents of
the Borough of Wilkinsburg.
A. Wilkinsburg Chamber of Commerce (WCC).
B. Wilkinsburg Community Ministry Board (WCMB).
C. Wilkinsburg Chapter of the NAACP (NAACP).
D. Wilkinsburg Citizens Coordinating Committee (WCCC).
E. Allegheny County Bar Association (ACBA).
F. Wilkinsburg Ministerium (WM).
G. A citizen of the Borough of Wilkinsburg.
Members of the Board shall serve four-year staggered terms. In the first
appointment to the Board, the representatives from the WCC and the WCMB will
serve four-year terms. The representative from the ACBA and the NAACP as well
as the citizen representative shall serve three-year terms. The representative
from the WM, WCCC and the designated citizen shall serve two-year terms. Thereafter,
all members of the Board shall serve full four-year terms.
Any vacancy occurring in the Board for any reason shall be filled by
the designated organization or responsible party or parties for the unexpired
term within a period of forty-five (45) days after such vacancy occurs.
Members of the Board shall receive no compensation.
No individual, while a member of the Board or public employee working
with or for the Board, shall:
A. Be a candidate for, campaign for or hold any political
office, or hold any public office or any office which is filled by the vote
of the electorate and for which there is compensation.
B. Campaign for or against any candidate or candidates except
for himself or herself for a noncompensated, nonpolitical position or give
campaign speeches or engage in other campaign activities related to the election
of any candidate or candidates, except for himself or herself for a noncompensated,
nonpolitical office.
C. Solicit, collect, control, distribute or use political
contributions or sell tickets, chances or raffles, or solicit services on
behalf of any political party, political committee, candidate or candidates,
except himself or herself when seeking a noncompensated, nonpolitical office.
D. Directly or indirectly attempt to influence any decision
by the borough or any borough board, commission or authority other than as
a representative of the Board on a matter within the jurisdiction of the Board.
E. The Council shall declare vacant the position on the Board of any member who takes part in activities prohibited by Subsections
A,
B,
C and
D of this section.
Within thirty (30) days of the creation of the Board, the President
of Council shall convene the designated members of the Board of Ethics at
a convenient time and place. At this first meeting, the Board shall elect
one (1) of its members as Chairperson, one (1) as Vice Chairperson and one
(1) as Secretary. The President of Council shall preside until the Chairperson
is elected. Thereafter, the Chairperson shall preside at all meetings of the
Board, or, in his or her absence, the Vice Chairperson shall preside.
Four (4) members of the Board shall constitute a quorum. The Board shall
conduct no business except in the presence of a quorum. The votes of a majority
of the members present is required for any action or recommendation of the
Board.
It shall be the responsibility of the Board to carry out and enforce
the provisions of the Code. In doing so, it shall make every effort to safeguard
and protect the rights of all parties involved in cases before the Board.
In interpreting the provisions of the Code, the Board shall give due recognition
to the appearance of wrongdoing as well as to specific wrongdoing. It shall
liberally construe and strictly enforce the code.
The first Board of Ethics established under this Code shall, within
one hundred eighty (180) days of its organization, promulgate, in writing,
rules and procedures which shall govern the work of the Board. These rules
shall cover, but not be limited to, the following areas: reporting, issuance
of advisory opinions, complaint procedures, handling of investigations and
conduct of hearings. These rules shall also provide time frames, when appropriate,
to ensure the expeditious handling of opinion requests and complaints.
The Board shall:
A. Render to any public official or public employee an advisory
opinion with respect to such person's duties under this code and/or with respect
to ethical standards in the municipal service, upon written request by the
public official or public employee or by an appropriate superior of the public
official or public employee concerned.
B. Make recommendations to the Manager and to Council directed
to compose ethical standards in the borough service or to improve organization
and procedure related to administration and enforcement of such standards
and/or this code.
C. Initiate an inquiry where an opinion has not been requested
but where there is a reasonable belief that a violation of this code may exist.
Such inquiry shall be conducted in privacy with full respect to the confidentiality
of all the parties involved in the alleged violation.
D. Prepare and publish annual summaries of Board action.
E. Render opinions, make recommendations and approve actions as otherwise required by this code or in order to effectuate the goals and desires of Council as expressed in §
24-2 of this code.
A. All advisory opinions of the Board shall be in writing,
shall be public records, shall be retained and available for at least ten
(10) years and may from time to time be published.
B. The Board shall issue an advisory opinion within twenty
(20) days of receipt of a request. Such time period for issuance may be extended
for good cause and with notification given to the requestor.
C. No person who acts in good faith on an advisory opinion
issued to him or her by the Board shall be subject to any penalties or discipline
under this code, and the advisory opinion shall be binding on the Board, provided
that the material facts are as stated in the request.
D. It shall be evidence of good faith conduct in any civil
or criminal proceeding or action by the State Ethics Commission, if a person
requested an advisory opinion from the Board, disclosed fully and truthfully
all the material facts and performed the acts complained of, in reliance on
the advice issued by the Board.
E. Prior to publishing or otherwise making available to
the public any advisory opinion, the Board shall make such deletions as may
be necessary to prevent the disclosure of the identity of the person requesting
the advisory opinion, upon the request of such person.
Any person who violates the confidentiality of a Board proceeding shall
be fined not more than one thousand dollars ($1,000.) and, in default thereof,
shall be imprisoned up to thirty (30) days.
Any person who knowingly files a false report, or who willfully affirms
or swears falsely in regard to any material matter before the Board, in addition
to any other penalty provided by law, shall be fined not more than one thousand
dollars ($1,000.) and, in default thereof, shall be imprisoned up to thirty
(30) days.