[Added 4-3-2001 by Ord. No. 35-01; 6-12-2001 by Ord. No.
46-01; 6-12-2001 by Ord. No. 47-01; 11-5-2003 by Ord. No. 55-03; 11-18-2003 by Ord. No. 59-03; 4-5-2005 by Ord. No. 20-05; 5-3-2005 by Ord. No. 24-05; 12-19-2006 by Ord. No. 43-06; 8-21-2007 by Ord. No. 31-07; 12-18-2007 by Ord. No. 60-07]
[1]
Editor's Note: For additional information
regarding accountability, conduct and ethics, see Charter Art. XI.
This article and all amendments hereto shall
be known and may be cited as the "Accountability, Conduct and Ethics
Code of Allegheny County" or simply the "Ethics Code."
A.
The purpose of this Accountability, Conduct and Ethics
Code is to set forth the details for the accountability, conduct and
ethics of Allegheny County (County) government consistent with the
provisions of the Home Rule Charter of Allegheny County as adopted
on May 19, 1998,[1] and all applicable laws of the Commonwealth of Pennsylvania.
[1]
Editor's Note: The Charter is included at
the beginning of this volume.
B.
Allegheny County's elected and chief appointed officials
set the ethical tone and environment that will prevail in the County.
It is the special obligation of these officials to set the example
of proper comportment, to communicate to all County personnel the
ethical conduct that is expected, and to hold supervisors accountable
for the enforcement of this Accountability, Conduct and Ethics Code.
The following words and phrases, when used in
this code, shall have the meanings given to them in this section:
The actual power provided by law, the exercise of which is
necessary to the performance of duties and responsibilities unique
to a particular public office or position of public employment.
Any corporation, partnership, sole proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual,
holding company, joint stock company, receivership, trust or any legal
entity organized for profit.
Any business in which the person or a member of the person's
immediate family is a director, officer, owner, employee or has a
financial interest.
Any person seeking an elected public office, who has filed
the required nominating petitions with the appropriate Board of Elections
or, in the case of a special election, has received the nomination
of his or her respective nominating party. The term shall include
individuals nominated or elected as write-in candidates unless they
resign such nomination or elected office within 30 days of having
been nominated or elected.
The Accountability, Conduct and Ethics Commission.
Information that is acquired in the course of official duties
which is not available as a matter of public knowledge or public record
or is not available by making inquiry to a publicly available source
of information.
Use by a public official or public employee of the authority
of his or her office or employment or any confidential information
received through his or her holding public office or employment for
the benefit of himself or herself, a member of his or her immediate
family or a business or organization with which he/she or a member
of his or her immediate family is associated. The term does not include
an action having a de minimis economic impact or which affects to
the same degree a class consisting of the general public or a subclass
consisting of an industry, occupation or other group which includes
the public official or public employee, a member of his immediate
family or a business with which he/she or a member of his immediate
family is associated.
An agreement or arrangement for the acquisition, use or disposal
by the County of consulting or other services or of supplies, materials,
equipment, land or other personal or real property. The term shall
not mean an agreement or arrangement between the County as one party
and a public official or public employee as the other party, concerning
his or her expense, reimbursement, salary, wage, retirement or other
benefit, tenure or other matters in consideration of his or her current
public employment with the County.
Independently elected officers having powers, duties and
responsibilities over a separately constituted County office. The
term "County officials" shall be synonymous with the term "row offices"
or "independently elected county officials."
The Chief Executive and members of County Council.
All elected and appointed County officers, County officials
and all County employees and members of County agencies.
An economic consequence that has an insignificant effect.
Parent, step-parent, spouse, spouse's parent, spouse's step-parent,
child, step-child, brother, step-brother, brother-in-law, sister,
step-sister, sister-in-law, cousin, aunt, uncle, grandchild and grandparent.
Any financial interest in a legal entity engaged in business
for profit, which comprises more than 5% of the equity of the business
or more than 5% of the assets of the economic interest in indebtedness.
Anything that is received without consideration of equal
or greater value. The term shall not include a political contribution
otherwise reported as required by law or a commercially reasonable
loan made in the ordinary course of business.
Payment made in recognition of published works, appearances,
speeches and presentations and which is not intended as consideration
for the value of such services which are nonpublic occupational or
professional in nature. The term does not include tokens presented
or provided which are of de minimis economic impact.
Any money or thing of value received or to be received as
a claim on future services or in recognition of services rendered
in the past, whether in the form of a payment, fee, salary, expense,
allowance, forbearance, forgiveness, interest, dividend, royalty,
rent, capital gain, reward, severance payment, proceeds from the sale
of a financial interest in a corporation, professional corporation,
partnership or other entity resulting from termination or withdrawal
therefrom upon assumption of public office or employment or any other
form of recompense or any combination thereof. The term refers to
gross income and includes prize winnings and tax-exempt income. The
term does not include gifts, governmentally mandated payments or benefits,
retirement, pension or annuity payments funded totally by contributions
of the public official or employee or miscellaneous, incidental income
of minor dependent children.
An action that a person performs in a prescribed manner in
obedience to the mandate of legal authority, without regard to or
the exercise of the person's own judgment as to the desirability of
the action being taken.
Any person whose name has been submitted to a public official
or governmental body vested with the power to finally confirm or reject
proposed appointments to public office or employment.
An action in which the person exercises his or her own judgment
as to the desirability of the action taken.
Any advance, conveyance, deposit, distribution, transfer
of funds, loan, payment, pledge, purchase of a ticket to a testimonial
or similar fundraising affair, or subscription of money or anything
of value, except volunteer services, in connection with a political
campaign or for any partisan political purpose, and any contract,
agreement, promise or other obligations, whether or not legally enforceable,
to make a political contribution.
Any individual employed by the County who is responsible
for taking or recommending official action of a nonministerial nature
with regard to:
A.
Contracting or procurement;
B.
Administering or monitoring grants or subsidies;
C.
Planning or zoning;
D.
Inspecting, licensing, regulating or auditing any
person; or
E.
REPRESENT
Any other activity where the official action has an
economic impact of a greater than de minimis nature on the interests
of any person.
To act on behalf of any other person in any activity which
includes, but is not limited to, the following: personal appearances,
negotiations, lobbying and submitting bid or contract proposals which
are signed by or contain the name of a former public official or public
employee.
For the purposes of this Accountability, Conduct
and Ethics Code, the following rules of construction shall be observed
unless otherwise provided in this Code and unless the context clearly
indicates otherwise and unless the application of such rules would
result in a construction inconsistent with the manifest intent of
Council:
A.
"Shall" is mandatory and "may" is permissive.
B.
The singular includes the plural, and the plural includes
the singular. Words used in the masculine gender include the feminine
and neuter. Words used in the past or present tense include the future.
C.
The arrangement and classification of the code have
been made for the purpose of a convenient and orderly arrangement.
No inference, implication or presumption of legislative construction
shall be drawn because of the location of any provision, nor shall
any outline, analysis, index or descriptive matter relating to the
contents of the code be given any legal effect.
D.
Any word not specifically defined shall be construed
according to its common usage unless the context or the manifest intent
of Council clearly indicates otherwise.
E.
Title, article, chapter, section and section subdivision
names are part of this code. However, reference to titles, articles,
chapters, sections or section subdivisions are not intended to be
exclusive, or to exclude other titles, articles, chapters, sections
or section subdivisions which may be applicable.
F.
Whenever a provision appears requiring the director
of a department or division of the County to do something, it is to
be construed to authorize the head of the department to designate,
delegate and authorize subordinates to perform the required act unless
the terms of the provision or section require otherwise.
A.
All elected and appointed County officers, County
officials and public employees shall file with the County Manager
a written statement in a form determined and published by the Ethics
Commission, and listing at a minimum:
(1)
All gifts, except those from a family member
or close personal friend when it is clear that the motivation for
the gift is based on the family relationship or traditional practices
among close friends, valued over $100 and the name of the person or
entity that gave the gift;
(2)
The names and addresses of corporations, fictitious
names, partnerships, business entities or enterprises in which the
individual has a financial interest or investment resulting in holding
more than 5% of the equity or more than 5% of the assets of the economic
interest of indebtedness;
(3)
Every office or directorship held in any entity,
either public or private, including any nonprofit entity;
(4)
Street addresses of all real property owned
in Allegheny County; upon application to the ACE Commission by an
individual, this requirement may be waived for good cause; and
(5)
If the individual has a family member who is
employed by Allegheny County or any of its affiliated boards, agencies,
or authorities, the first and last given names and addresses of those
family members and their relationship to the individual.
B.
The initial disclosure statement must be filed with
the County Manager within 90 days of the adoption and publication
of a disclosure form by the ACE Commission. New employees who are
required to file a disclosure statement shall do so within 30 days
of their hire date.
C.
The annual disclosure statement must be filed with
the County Manager on or before May 1 each calendar year.
D.
The requirements set forth in this Code do not replace
those in the State Elections Law and do not constitute the filing
of financial interest forms or expense reports as is otherwise required
by law.
E.
Any individual who fails to file the disclosure statement
required in this Code by the established deadline shall be given 30
days to file such statement and thereafter shall be subject to disciplinary
actions found within § 5-1013.28, which may include the
withholding of compensation until such time that the disclosure statement
is filed with the County Manager.
All covered persons shall be subject to the
provisions on restricted activities/standards of conduct set forth
in this article.
A.
All covered persons will be held accountable for adherence
to the standards set forth in this Accountability, Conduct and Ethics
Code. In matters of ethical dilemmas and conduct not covered under
this code, all covered persons are expected always to reflect on,
and serve, what they believe to be in the public interest and not
to serve personal interests and gain.
C.
Individual departments and agencies may, as necessary,
recommend conduct and procedures not inconsistent with this code specifically
applicable to the work of the department or agency. Such standards
and procedures shall be forwarded to the County Manager for submission
to County Council for approval.
A.
The County Manager shall be responsible for communicating
to all covered persons the provisions of this article. These provisions
shall be covered as part of orientation for new and current employees
and included in the employee handbook.
B.
Part of each orientation should be devoted to a discussion
of the Accountability, Conduct and Ethics Code, and each person shall
receive a personal copy. As a condition of continued employment, each
person shall sign a statement to the effect that he or she has received
such copy, understands its contents, and agrees to abide by established
policies.
All covered persons shall set and follow an
example of proper conduct that shall include the following:
A.
Honor and integrity.
(1)
Dedicate themselves to the highest ideals of
honor and integrity in all public relationships in order to merit
the respect and confidence of covered persons, and the public.
C.
Confidentiality and disclosure.
(1)
Other than in the performance of his or her
official duties, no covered person shall disclose, for his or her
benefit, or the benefit of others, confidential information acquired
by reason of his or her public position. Confidential information
shall include information concerning and related to personnel matters,
collective bargaining and arbitration, the purchase or lease of real
estate, litigation and potential litigation, investigations of violations
of the law and quasi-judicial deliberations, and the non-property
tax records of individuals.
D.
Disclosure of financial interest.
(1)
The requirements for disclosure of financial
interests shall be those set forth in § 5-1013.05 and any
other applicable state or federal law.
E.
Gifts, loans, benefits, and considerations; accepting
improper influence.
(1)
No covered person shall solicit, directly or
indirectly, a gift, loan, reward, promise of future employment, benefit
or consideration from:
(a)
A person or business having a financial relationship
with the County;
(b)
A person or business whose operations or activities
are regulated or inspected by the County;
(c)
A principal and/or attorney in proceedings in
which the County is an adverse party; or
(d)
Any person or business where the performance
or nonperformance of any official duty may be influenced or affected.
F.
Private business/financial interests; exerting improper
influence.
(1)
No covered person shall engage in any business
transaction or private employment, or have any financial or other
private interest, direct or indirect, which is to the detriment of
the proper discharge of his or her official duties.
(2)
No covered person shall use, or attempt to use,
his or her position to obtain financial gain, a loan, a contract,
license, privilege, or other personal advantage, either direct or
indirect.
(3)
No covered person shall attempt to influence
the course of proposed County Council legislation in which he or she,
or a family member or business associate has a present or potential
conflict of interest or private interest, direct or indirect.
G.
Patronage/Nepotism.
(1)
No covered person shall unduly exert, negatively
or positively, his or her influence to gain, or attempt to gain, preferential
treatment on behalf of an applicant for employment or advancement
with the County.
(2)
No family member of a County official or County
officer shall be permitted to obtain full-time employment with the
County or agency except through the election to a public office.
(3)
No covered person shall supervise a family member.
(4)
Exceptions:
(a)
Where the family member is employed by the County
prior to the election of a related County officer or County official
or appointment of a related agency member;
(b)
Where, after the County officer or County official
has obtained elected office, or an agency member has been appointed,
an individual employed by the County becomes a family member;
(c)
Where individuals were employees prior to the
adoption of this code; or
(d)
For good cause shown, as established under this
article, where the County would suffer hardship as a result of the
prohibition.
H.
Fees for service restriction.
(1)
No covered person shall, for a fee or other
compensation, use the influence of his or her position to provide
a special service or favor to an individual.
I.
Offering special benefits.
(1)
No covered person shall grant, offer, or provide
any privilege or service beyond that which is available to all other
similarly situated persons, businesses or entities.
J.
Honoraria.
(1)
No covered person shall accept an honorarium
for any activity related to his or her official capacity. Covered
persons may accept normal travel, meals and awards from civic or business
groups.
K.
Contracts.
(1)
No covered person, or a family member of a covered
person, or a business or organization with which such individual is
associated, may have an interest in a public contract if the covered
person is authorized to exercise discretion over the contract.
L.
Former association.
(1)
No former covered person shall represent a person,
corporation or business with promised or actual compensation, on any
governmental matter before the County government or any of its agencies
with which he or she has been associated for one year after he or
she leaves that body.
M.
Voting conflict.
(1)
Every covered person shall publicly disclose
any direct or indirect financial or other private interest in any
proposed legislation on which he or she would be required to vote.
Covered persons who, in the discharge of their official duties, would
be required to vote on a matter that would result in a conflict of
interest shall abstain from voting and, prior to the vote being taken,
publicly announce and disclose the nature of the interest as a public
record.
N.
Misuse of County resources.
(1)
No covered person shall use, request, or permit the use of County
resources, including, but not limited to, motor vehicles, equipment,
materials, and/or employee time except for County purposes.
[Amended 9-29-2015 by Ord. No.
30-15]
(a)
Under no circumstance shall any covered person receive any reimbursement
for mileage accrued during any vehicle usage for any purpose not authorized
by this section.
(b)
To the extent required by applicable federal or Commonwealth
law or regulation, any covered person issued a County-owned or -leased
motor vehicle shall receive an annual delineation of the value of
the fringe benefit conferred by the use of the vehicle for income
tax purposes.
(c)
For the purposes of mileage reimbursement under the terms of
this section, participation in any partisan political function, including,
but not limited to, any campaign appearance by any candidate for any
political office, events sponsored or undertaken by any political
committee, or any event held in whole or in part to raise funds for
use in support of any candidate's campaign for any political
office, shall be deemed not to relate to any County purpose, and,
accordingly, shall not be subject to reimbursement for mileage by
Allegheny County. Travel to or from any polling place during any Primary,
General or Special Election Day shall be subject to mileage reimbursement
to the extent that such travel is undertaken within the scope of such
covered person's employment with Allegheny County, including,
but not limited to, functions such as delivering or servicing voting
machines, delivering supplies, or otherwise aiding in the function
of such polling place(s).
(2)
No covered person shall use County mail to transmit
mail that is personal or political in nature.
(a)
Official mail is mail which relates to the official
duties of all applicable employees of the government of Allegheny
County and which is authorized to be transmitted in the mail through
the Department of Administrative Services, or through an outside vendor
under contract with the County or County employee.
O.
Political activity.
(1)
Employees shall have the right to hold membership
in a political party, to vote, to express publicly or privately opinions
on political subjects and candidates, to maintain political neutrality,
and to otherwise participate in political meetings and activities.
Employees must engage in all such activities as private citizens,
away from County workplaces, out of uniform and during nonworking
hours, except union officers in the normal conduct of union activities.
(2)
No covered person shall use the authority or
influence of his or her office for the purpose of interfering with
the result of an election.
(3)
No covered person shall solicit, directly or
indirectly, any employee reporting to such covered person to engage
in political activity or to suggest that such covered employee engage
in such political activity. No covered person shall solicit, directly
or indirectly, campaign contributions from a person reporting to such
covered person.
(4)
County Council members are prohibited from being
employed, in a confidential administrative capacity, in local, state
or federal government. For the purposes of this section:
(a)
An individual shall be deemed to be employed
in government in a confidential administrative capacity if he or she:
[1]
Is employed on the personal staff
of any elected official in local, state or federal government, or
is employed by any legislative body to function as personal staff
for any elected official;
[2]
Is appointed to any post in federal
or state government for which confirmation by either house of the
United States Congress or the Pennsylvania General Assembly is required;
[3]
Is appointed to any cabinet-level
post in federal or state government;
[4]
Holds the post of Municipal Manager
or an equivalent position in any municipality within Allegheny County;
[5]
Is an individual elected to any
office in federal or state government or in any municipality or school
district located in Allegheny County.
(b)
No individual shall be deemed to be employed
in a confidential administrative capacity by virtue of employment
with a government agency for the purpose of performing nondiscretionary
or purely ministerial functions. Individuals subject to and protected
by federal, state or local civil service regulations shall be deemed
to perform purely ministerial functions within the scope of such civil
service employment for the purposes of this section.
(c)
Notwithstanding the provisions of this section
pertaining to the ability of individuals to hold elected or appointed
office, County Council members shall remain bound by all rules governing
abstention or other ethical guidelines as they apply to the members'
other government employment.
P.
Discrimination.
(1)
No covered person shall, in any way, engage
in discrimination on the basis of race, religion, creed, national
origin, age, disability, sexual preference or gender; nor shall any
official or employee engage in any actions which are oppressive or
which constitute harassment.
Q.
Whistleblowing.
(1)
Every covered person is encouraged to disclose
any information which he or she believes evidences a violation of
any law, rule or regulation.
(2)
Every covered person is encouraged to disclose
any information which he or she believes evidences a clear misuse
or waste of County funds, or an abuse of official authority, or which
can result in a substantial and specific danger to the public's health
or safety.
(3)
No covered person shall be penalized for, nor
take any action to punish another, for whistleblowing.
(4)
Every covered person is encouraged to expose
corruption wherever discovered.
A.
There is hereby established a five-member Accountability,
Conduct and Ethics Commission, hereinafter the ACE Commission. The
ACE Commission generally shall be empowered to receive, investigate
and make findings and recommendations concerning complaints alleging
the violation of this Accountability, Conduct and Ethics Code. The
make-up of the ACE Commission shall consist of three members of the
majority party of Council and two members of the minority party of
Council.
B.
The minority caucus of County Council shall nominate
candidates for two members and the majority caucus of Council shall
nominate candidates for three members. Names of the nominees are to
be submitted to the Chief Clerk for placement on Council's regular
meeting agenda. Nominees shall be appointed by an affirmative vote
of at least a majority of the seated members of Council.
A.
Members of the Commission shall not be, nor for a
period of four years prior to appointment have been, County officers
or employees or employed or compensated by any County contractor.
B.
No member of the Commission may make any political
contribution to any covered person or any candidate for County office
while a member of the ACE Commission.
The initial members of the ACE Commission shall
be appointed to the following terms of office: one member shall be
appointed for a term of five years; one member shall be appointed
for a term of four years; one member shall be appointed for a term
of three years; one member shall be appointed for a term of two years;
and one member shall be appointed for a term of one year. Thereafter,
all members shall be appointed for terms of five years.
In the case of a vacancy on the ACE Commission,
the respective appointing body shall, within 90 days of the vacancy,
make an appointment to fill the unexpired term.
ACE Commission members may be removed only for
cause by County Council. Any ACE Commission member so removed may
request, and be granted, a hearing before the County Council, at which
time such member may show cause why he or she should not be removed.
Within 30 days of the appointment of the ACE
Commission, the President of the County Council shall be responsible
for convening the appointed members of the ACE Commission. At this
meeting, the ACE Commission shall elect one of its members as Chairperson.
The President of the County Council, or his designee, shall preside
until an ACE Commission Chairperson is elected.
Three ACE Commission members shall constitute
a quorum for the transaction of business. The ACE Commission shall
conduct no business except in the presence of a quorum.
Members of the ACE Commission shall receive
no compensation for the performance of their duties. Members of the
ACE Commission shall be reimbursed for travel and other necessary
expenses incurred in the course of the performance of their duties.
The Chairperson of the ACE Commission shall
ensure that appropriate measures are taken to keep minutes of the
Commission's proceedings and records of other official actions. Such
records shall be kept and preserved in accordance with applicable
law.
The ACE Commission shall adopt procedures and
rules of conduct for its activities within 60 days of its first organizational
meeting.
The County Manager shall furnish to the Commission
such clerical assistance and supplies as may be deemed reasonable.
A.
Any individual who believes that an action or omission
of a covered person is in violation of this Ethics Code shall have
the right to lodge a formal complaint with the ACE Commission.
B.
A complaint alleging a violation of this article shall
be in writing and filed with the Office of the Manager and the Chairperson
of the ACE Commission, and shall contain the following before it will
be considered by the ACE Commission:
(1)
The name of the covered person (the Respondent)
and the position or office held by the Respondent;
(2)
The name, address and phone number of the person
filing the complaint (Complainant);
(3)
A statement of alleged facts and circumstances
that the complainant believes in good faith constitutes a violation
of this Ethics Code; and
(4)
A sworn verification signed by the Complainant.
C.
Within five days of the receipt of the complaint,
the Office of the Manager shall:
A.
The ACE Commission shall commence a preliminary inquiry
regarding an alleged violation of this article within 30 days of the
receipt of a complaint.
B.
A preliminary inquiry shall be terminated or opened
as a full investigation within 45 days of the initiation thereof.
A preliminary inquiry is considered initiated at the time when it
is officially docketed with the ACE Commission.
C.
The Commission shall keep information, records and
proceedings relating to a preliminary inquiry confidential.
D.
If, after preliminary inquiry, there is reason to
believe that the Code of Accountability, Conduct and Ethics has been
violated, the Commission shall commence an investigation. An investigation
will be considered commenced when the Respondent is notified.
E.
If the preliminary inquiry establishes reason to believe
that the Code of Accountability, Conduct and Ethics was violated,
the Commission may initiate a full investigation.
F.
The Commission shall close the preliminary inquiry
if any of the following applies:
(1)
The occurrence giving rise to the complaint
occurred prior to the adoption of the Accountability, Conduct and
Ethics Code;
(2)
There is no reason to believe that the Code
of Accountability, Conduct and Ethics has been violated; or
(3)
The Respondent is not a person subject to the
Code of Accountability, Conduct and Ethics.
G.
If the preliminary inquiry is closed, the Commission
shall notify the Complainant and the Respondent within five days.
A.
The Commission shall have the authority to conduct
interviews, take statements, receive and inspect documents and records
and otherwise obtain evidence and gather information by lawful means,
including subpoena power.
B.
Within 60 days of commencing the investigation, the
Commission will do one of the following:
(1)
Terminate the investigation and notify the Complainant
and the Respondent;
(2)
Extend, upon a showing of need, the investigation
for a period not to exceed 60 days; or
(3)
Issue a findings report that sets forth the
pertinent facts and affords the Respondent an opportunity to reply
to the findings and to request an evidentiary hearing.
C.
The Respondent shall file a response to the findings
report of the Commission within 30 days, unless an application for
an extension is made to the Commission and granted for good cause
shown. The Respondent shall admit to or deny the allegations.
D.
If an investigation indicates that no violation has
been committed, the Commission will immediately terminate the investigation
and send written notice of the determination to the Complainant and
the person who was the subject of the investigation.
E.
The ACE Commission shall develop such other procedures
and rules of conduct for its activities as it deems necessary.
A.
The Commission will conduct hearings upon the request
of a Respondent. A Respondent shall request a hearing in his or her
response to the findings report. Failure to request a hearing within
the time period will be deemed a waiver.
B.
A hearing will be held within 45 days after the Respondent's
answer to the findings report unless the time is extended upon application
for good cause shown.
C.
A notice of hearing will be issued to the Respondent,
unless represented by counsel, in which case to counsel, within a
reasonable period of time prior thereto. The notice will advise of
the date, time and location of the hearing, and of the hearing rights,
privileges, process and procedures in this section.
D.
The Commission may establish such rules of conduct
for hearings as it deems advisable in accordance with the normal procedures
of due process.
The hearing and papers, records and disclosures
therein will be confidential except for the contents of the final
order.
The Commission shall, upon finding of wrongdoing
under the provisions of this article, recommend penalties as provided
by this section:
A.
In cases where the violation of this article is also
a violation of federal or state law, the matter shall be turned over
to the proper authority for criminal prosecution.
B.
In cases where the violation is a violation of the
rules of this article, the following penalties shall be available
to the Commission:
(1)
Admonition. A letter to the Respondent, the
Complainant, County Council, and the Chief Executive or appropriate
elected County official, indicating that the Respondent has been found
to have violated this article.
(2)
Censure. Notification to the Respondent, the
Complainant, County Council, and Chief Executive, or appropriate elected
County official, indicating that a violation of this article took
place, and expressing strong disapproval of the Respondent's actions.
(3)
Suspension. County and agency employees may
be suspended without compensation in compliance with existing personnel
practices and collective bargaining agreements.
(4)
Expulsion/Dismissal. Revoke employment or contract
with the County in compliance with existing personnel practices and
collective bargaining agreements.
(5)
Removal. Recommend the removal of elected officials
under provisions of the Home Rule Charter or by law.
Upon receiving any findings, conclusions and
recommendations from the ACE Commission for the imposition of sanctions
or penalties under this provision, the County Council and Chief Executive
or appropriate elected County official shall take appropriate action.
The Chief Executive or appropriate elected County official shall notify
the County Council and ACE Commission of the disposition of all recommendations
within 30 days of receipt.
Upon disposition of the Commission's recommendation,
any aggrieved party within 30 days may file an appeal to the Court
of Common Pleas in accordance with applicable law.
The Commission shall report its conclusions
and recommendations on all complaints to County Council and the Chief
Executive. The Chairperson of the Commission shall be required to
provide Council with an annual report.
The provisions of this Accountability, Conduct
and Ethics Code are severable, and if any provision is held illegal,
such illegality shall not affect the remaining provisions. It is the
legislative intent of the Council that the Code would have been adopted
if such illegal provision had not been included.
Unless otherwise provided, this Accountability,
Conduct and Ethics Code shall become effective immediately upon its
approval in accordance with the provisions of the Home Rule Charter
and the Administrative Code.
Nothing herein shall be construed or interpreted
to in any way make the provisions of the Accountability, Conduct and
Ethics Code applicable on a retroactive basis. All provisions of this
Code shall be applied on a prospective basis.
