The Township Manager and all appointed officials,
members of committees, commissions, boards, councils or offices, before
commencing their official duties, shall take and sign an oath of office
to support the Constitution of the United States and of Pennsylvania
and to perform the duties of their office with fidelity, in such form
as shall from time to time be prescribed by law. Such oath shall be
taken and signed before a Judge, District Justice or notary public
of the Commonwealth of Pennsylvania. This oath shall be filed in written
form with the Township Manager prior to assuming office.
All elected and appointed officials, members
of committees, commissions, boards, councils or offices, before commencing
their official duties, shall affirm to a Code of Ethics adopted herewith
by the Township of Pine.
A.
The signed affirmation of such Code of Ethics in the
following form shall be filed with the Township Manager:
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Affirmation of Code of Ethics of Township of
Pine
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Date:
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As a(n) (indicate position) of
the Township of Pine, I believe and affirm:
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1.
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That the proper operation of government requires
that officials and employees be independent and impartial in their
judgments and actions; that government decisions and policies be made
in the proper channels of the government structure; that office or
position not be used for personal gain: and that the citizens have
confidence in the integrity of their government and officials and
employees.
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2.
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That the realization of these ends is impaired
wherever there exists, or appears to exist, an actual or potential
conflict between the private interest of a municipal official or employee
and the duties of office; and that the public interest requires ethical
standards with respect to official duties.
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3.
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Therefore, as a(n) of the Township
of Pine, I assert my solemn belief that the primary responsibility
for maintaining a high level of ethics among municipal officials and
employees falls upon those in public service.
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4.
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Consequently, I believe it is my duty to:
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(a)
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Respect the rule of law, the concepts of equal
treatment for all, human dignity and ethical conduct in the performance
of my duties.
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(b)
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Observe and act in accordance with the Code
of Ethics adopted by the Township of Pine.
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Signed
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B.
The Board hereby adopts the following as the Code
of Ethics for the Township of Pine to apply to all elected and appointed
officials, members of committees, commissions, boards, councils or
offices, individually and collectively referred to as a "representative"
of the municipality in said Code of Ethics:
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Code of Ethics
Township of Pine
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1.
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General. Every representative of the municipality
shall endeavor to treat all residents of the municipality with impartiality,
fairness and equity and shall avoid conflicts between his private
self-interest and the public interest. No representative shall grant
or make available to any person any consideration, treatment, advantage
or favor beyond that which it is the general practice to grant or
make available to the public at large.
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2.
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Conflict of interest. No representative of the
municipality shall participate in any decision, vote or recommendation
involving the municipality in which such person shall have a conflict
or conflict of interest as such is defined in the Public Official
and Employee Ethics Law, Act 170 of 1978, as amended by Act 9 of 1989.[1]
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3.
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Disclosure and disqualification. Whenever the
performance of official duties may require a representative of the
municipality to become involved in a conflict of interest, as defined
above, such person shall disclose publicly the nature of such interest
and disqualify himself from participation in any decision, vote or
recommendation regarding the matter in conflict.
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4.
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Municipal employment. No representative of the municipality shall hold any other office or employment with the municipality during his/her term of office as provided for in the Charter, Article III, § C-307.
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5.
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Gifts and favors. No representative of the municipality
shall accept any gift, favor, gratuity, loan or promise from which
he might personally benefit that would not be offered or given to
him if he were not an official or employee, except that food or drink
consumed at an occasional meal or meeting at which municipal business
is conducted shall not be considered a gift or favor. This section
shall not be construed to prohibit gifts to the municipality, nor
shall it prevent individual departments of the municipality from enforcing
more restrictive provisions regarding gifts and favors.
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6.
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Confidential information. No representative
of the municipality shall use or permit the use of any confidential
information acquired by him through his position to advance the financial
or similar special interest of himself or any other person or entity.
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[1]
Editor's Note: See 65 Pa.C.S.A. § 1101.1
et seq.
Except as otherwise provided in the Charter
or this Administrative Code, or for the purpose of inquiries and investigations,
the Board shall deal with appointed officials and employees in the
administrative service solely through the Township Manager, and neither
the Board nor any Board member shall give orders to such appointed
officials or employees either publicly or privately.
All elected and appointed officials, members
of committees, boards, commissions or offices shall, before assuming
their duties and thereafter on or before May 1 of each year during
their term of office or employment and of the year after leaving such
a position or within 15 days of being appointed if after May 1, file
a statement of financial interests with the Township Manager, which
shall be available for public inspection. Said statement of financial
interest shall be in the form and include those items set forth in
the statement of financial interests form for candidates prescribed
by the State Ethics Commission in conformity with the Public Official
and Employee Ethics Law, Act 170 of 1978, as amended by Act 9 of 1989.[1]
[1]
Editor's Note: See 65 Pa.C.S.A. § 1101.1
et seq.
The Board hereby prohibits the following actions
and conduct. For the purposes of this section, elected and appointed
officials, members of committees, boards, commissions or offices are
referred to, individually and collectively, as "representative."
A.
No candidate or employee for election, appointment,
employment or promotion to any municipal position as a representative
shall directly or indirectly give or promise, render or pay any money,
service or other valuable thing to any person for the purpose of influencing
or obtaining the support, aid or vote for or in connection with the
individual's election, appointment or promotion.
B.
No representative or employee shall in any manner
receive benefit from the profits or emoluments of any contract, job
or service for the municipality or accept any service or thing of
value, directly or indirectly, upon more favorable terms than those
granted to the public generally, from any person dealing with the
municipality.
C.
No representative or employee shall solicit or receive
any compensation, gratuity or other thing of value for any act done
in the course of public service, except compensation established by
law for the position or employment held in the municipality.
D.
No representative or employee shall compel an employee
or a citizen to contribute to any fund other than required by law
or ordinance.
E.
No individual shall be appointed to or removed from
or in any way favored or discriminated against with respect to any
municipal employment or office because of race, sex, political or
religious opinions or affiliation.
F.
No individual shall willfully make any false statement,
certificate, mark, rating or report in regard to any test, certification
or appointment under the personnel provisions of the municipality
or in any manner commit or attempt to commit any fraud preventing
the impartial execution of such provisions.
A.
The following municipal officials shall each, before
entering upon the duties of their respective offices, give bond to
the municipality which may be part of a blanket bond, duly approved
by the Township Solicitor and conditioned upon the faithful performance
and discharge of their respective duties and for proper application
and payment of all money or property for which they are responsible
by virtue of their offices, in the amount the Board of Supervisors
deems appropriate and established annually:
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Township Manager
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Assistant Township Manager
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Road Superintendent
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Zoning Officer/Development Inspector
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Recreation Director
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Township Engineer
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Township Solicitor
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B.
After reviewing recommendations of the Township Manager,
the Board shall prescribe bonds for other officers, agents or employees
of the municipality, including Board members, for whom the Board deems
that coverage is necessary.
C.
The expense for all fidelity bonds shall be borne
by the municipality.
A.
The Board and the Zoning Hearing Board shall each
have the power to conduct inquires and investigations in aid of the
exercise of their powers and performance of their duties.
B.
The Board and the Zoning Hearing Board shall have
the power to compel the attendance of witnesses and the production
of documents and other evidence at investigative hearings, and for
that purpose may issue or cause to be issued subpoenas, signed by
appropriate officials or commission members and served as provided
by law.
C.
The official presiding at any hearing shall have the
power to administer oaths to witnesses.
D.
If any person shall refuse or neglect to obey any
subpoena, that person shall, upon conviction thereof at a summary
proceeding, be sentenced to pay a fine as may be ordained, and, in
default of the payment of such fines and costs, shall be imprisoned
for a period not to exceed 15 days.
E.
If any person shall refuse or neglect to obey any
subpoena, the official or board issuing the same may, by petition,
apply to the Court of Common Pleas of the County of Allegheny for
its subpoena to compel the attendance of such person before the official,
the commission or the court. Under failure to attend, the Township
Solicitor shall request that such person be held in contempt of court
and be punished therefor.
F.
No person subpoenaed, as aforesaid, shall be required
to respond to the same until mileage and witness fees, equal to those
then established by law or ordinance, shall have first been furnished
to the witness.
Police employed by the Pine-Marshall-Bradfordwoods
Joint Police Force shall be ex officio constables of the commonwealth
and shall have the powers and prerogatives conferred on police officers
by law. Police, when acting as constables, shall have the authority
to serve and execute all criminal processes for the violation of municipal
ordinances which may be issued, and the fees and costs collected in
such capacity shall be paid into the Pine-Marshall-Bradfordwoods Joint
Police Fund.
Where law or ordinance prescribes certain functions
to be performed by a designated department head under the former form
of government, such function shall be performed by the equivalent
department head to which the respective functions have been assigned
by this Administrative Code.
