[HISTORY: Adopted by the Board of Commissioners of the Township of Bethlehem 4-3-2023 by Ord. No. 04-23. Amendments noted where applicable.]
This chapter shall be known as the "Bethlehem Township Conflicts of Interest Ordinance."
The following terms shall have the meanings set forth in this section unless otherwise provided or the context otherwise requires.
BOARD OF COMMISSIONERS
Members of the Bethlehem Township Board of Commissioners, individually and together.
COMMISSIONER
Any member of the Bethlehem Township Board of Commissioners (elected or appointed), individually and together. Any elected but not yet sworn in member of the Board of Commissioners.
IMMEDIATE FAMILY
Anyone related to a Township official by direct family lineage, current marriage, adoption, or any person who is a regular member of that Township official's household.
OFFICIAL ACTION
A recommendation, decision, approval, disapproval, vote or other similar action, including inaction, by a Township official or employee of the Township, including but in no way limited to such action or inaction as administration, legislative, quasi-judicial, or advisory decisions.
ORGANIZATION
Any business, corporation, partnership, firm, or association whether organized, nonprofit, or any other corporate entity accepted and recognized in the Commonwealth of Pennsylvania.
A. 
This chapter shall apply to members of the Bethlehem Township Board Commissioners, any other elected Township official, and any individuals that must file a Pennsylvania financial disclosure form, and Township officials, except as provided for in the Pennsylvania Public Official and Employee Ethics Act, 65 Pa.C.S. § 1101 et seq., as amended.
B. 
Those individuals identified in Subsection A may not vote on matters in which they have a financial interest.
C. 
In those circumstances where individuals identified under Subsection A hold a financial interest, that individual shall recuse themselves from any votes on the subject in which they hold a financial interest. That Commissioner shall explain the recusal at a public meeting, and the explanation for the recusal shall be noted in the public meeting minutes.
D. 
This chapter does not prevent any individual identified under Subsection A from participating in the discussion of the topic to be voted on.
E. 
This chapter does not prevent any individual identified in Subsection A from making a vote to the extent that his or her participation is legally required.
(1) 
In the event one or more individuals identified under Subsection A are subject to mandatory recusal and the subsequent vote ends in a tie, the ties doe not permit a recused individual from casting a vote to break the tie.
A. 
A financial interest shall include the following:
(1) 
Any campaign contributions in the amount of or in excess of $250 received within the immediate two-year period prior to the date on which official action shall be taken on the subject matter.
(2) 
A Township Commissioner's direct or indirect investment or ownership interest in any business, property, intellectual property, personal property, or any other venture whatsoever that is 10% or greater.
(3) 
Any funds subject to § 21-4 of this chapter received by a Township Commissioner's spouse, child and/or children, parent, sibling, or agent.
B. 
Financial interests received from organized and registered unions and political action committees shall not be exempted from the rule requiring mandatory recusal.
All ordinances and parts of ordinances inconsistent herewith are hereby specifically repealed.
The provisions of this chapter shall be severable and if any provision thereof shall be declared unconstitutional, illegal, or invalid, such a decision shall not affect the validity of any of the remaining provisions of this chapter. It is hereby declared as the legislative intent of the Board of Commissioners that this chapter would have been enacted as otherwise set forth had such unconstitutional, illegal or invalid provision(s) not been included herein.
A. 
The Township shall maintain campaign finance report records of any candidates that run for an elected Township office and post two years of campaign finance reports on the Township website for easy public access.
B. 
If a Township Commissioner has a disqualification for conflict of interests as described in § 21-3, the Township Solicitor shall notify the Township Commissioner and the Board of Commissioners of the conflict and the requirement for recusal prior to any meeting where a vote on said matter is scheduled to take place.
C. 
Prior to any public vote taken by the Board of Commissioners where one or more Township Commissioners have a disqualification for conflict of interests as described in § 21-3, the Township Solicitor shall announce in the public meeting the disqualification for conflict of interests and the requirement for recusal as it pertains to the matter before the Board and any members of the Board of Commissioners.
D. 
If a member of the Board of Commissioners does not comply with this chapter:
(1) 
The Township Solicitor will immediately refer the ordinance violation to the State Ethics Board for their review.
(2) 
The Board of Commissioners may also sanction the action of any member of the Board of Commissioners through a resolution denouncing the noncompliance of this chapter.