A.
Any person who has knowledge of a violation of this Code of Ethics
committed by any person subject to the jurisdiction of this chapter
may make a signed written report of the same to the Municipal Manager.
The fact that a report has been received, the contents of the report
and the identity of the person making the report shall remain confidential
until such time as the Manager, after receipt of notice as provided
herein, has referred the same to the Ethics Board for an initial threshold
determination that probable cause exists to believe that a violation
of the Code of Ethics has occurred.
B.
Upon receipt of a report, the Ethics Board, without benefit of subpoenas
or sworn testimony, shall make such preliminary investigation as it
deems appropriate to determine whether probable cause exists to believe
that a violation of the Code of Ethics has occurred. If the Ethics
Board is satisfied that probable cause does exist, it may choose between
two courses of action as follows:
(1)
Refer the matter to the proper authorities for criminal prosecution,
provided that upon a determination that the proof beyond a reasonable
doubt necessary for criminal conviction is not available, the proper
authorities may refer the matter back to the Ethics Board proceedings
consistent with this chapter.
(2)
Retain the matter for its own formal investigation with a view toward
the ultimate disposition by the Ethics Board in the event that it
is determined an actual violation has occurred.
C.
If the Ethics Board should determine probable cause does not exist,
it shall communicate its decision, in writing, to the person who made
the initial report. The Ethics Board's determination of lack of probable
cause shall remain confidential, unless the person who made the initial
report chooses to make his or her complaint public. Should this later
event occur, all of the Ethics Board's records, files, notes, correspondence
and investigative materials relating to the finding of lack of probable
cause shall be made open for public inspection.
D.
Should the Ethics Board decide to retain the matter for its own formal investigation pursuant to Subsection B(2) above, the Ethics Board shall notify, in writing, the person who made the report and the person complained against of its decision to pursue a formal investigation by way of holding a hearing to determine if a violation has occurred. The person complained against may choose whether the hearing shall be open or closed to the public.
E.
Hearings conducted by the Ethics Board.
(1)
Hearings conducted by the Ethics Board shall be informal. The person
complained against may be represented by legal counsel and/or by his
or her bargaining representative and may present and cross-examine
witnesses and give evidence before the Ethics Board. The Ethics Board
may call witnesses on its own motion and compel the production of
books, records, papers or other evidence needed. To that end, the
proper authorities shall issue subpoenas and subpoenas duces tecum
at the request of the Ethics Board or the person complained against.
All testimony shall be under oath administered by the Ethics Board.
The Ethics Board may adjourn its hearing from time to time in order
to allow for the orderly presentation of evidence.
(2)
Upon motion made by the person complained against or upon its own
motion, the Ethics Board may temporarily stay or permanently suspend
its investigation when, in its informed discretion, the manifest needs
of justice and fairness will be better served thereby.
(3)
The Ethics Board shall prepare an official record of the hearing,
including all testimony, which shall be recorded manually or by mechanical
device, and exhibits, provided that the Ethics Board shall not be
required to transcribe such records unless presented with a request
accompanied by payment of the cost of transcription.
F.
Within 30 days after the conclusion of the hearing, the Ethics Board
shall make and fully record in its permanent records, findings of
fact, conclusions of law and its determination of a final disposition.
A copy of the findings, conclusions and final disposition shall be
forwarded by registered mail to the person who made the initial report
and to the person complained against at addresses as given by both
persons to the Ethics Board. An additional copy of the findings, conclusions
and recommendations shall be forwarded to the Municipal Council.
G.
Any person found, by final written order of the Ethics Board, to
be in violation of this Code of Ethics may appeal the Board's decision
to the Court of Common Pleas of Allegheny County.
A.
Any elected official, appointed official or public employee who violates
the code shall be subject to the following disciplinary action:
B.
Upon dismissal, and when warranted, appropriate information will
be volunteered by the Municipality to the proper local, state or federal
authorities for further action.
C.
Any disciplinary action taken by the Municipality shall be conducted
in accordance with pertinent provisions of relevant labor agreements,
with applicable procedures as established by the Municipal Department
of Personnel and Civil Service for Municipal officers and employees,
and with applicable notions for procedural due process of law.
D.
In addition, any public official or public employee who violates
the code shall be subject to a fine not exceeding $500 for a first
violation and not exceeding $1,000 for each additional violation and,
in default thereof, imprisonment not exceeding 72 hours.
E.
When appropriate, the Municipality may take the necessary legal steps
pursuant to a breach of contract with a third party, agent, subrecipient,
contractor or consultant. Such steps may include, but not be limited
to:
F.
Any person who realizes financial gain by way of a violation of any
provision of this code, in addition to any other penalty provided
by law or this code, shall pay into the Treasury of the Municipality
of Monroeville a sum of money equal to double the financial gain resulting
from such violation. The Ethics Board or Council shall determine the
amount of financial gain realized.
G.
Any person, corporation, company or other entity found to have benefited
as a result of a violation of this code shall be debarred from participating
in business dealings with the Municipality for 10 years, unless the
Municipality would suffer a hardship as a result of the debarring,
in addition to being subject to any other penalty provided by law
or this code.
H.
A public official, appointed official or public employee of a political subdivision who acts in good faith reliance on a written, nonconfidential opinion of the Solicitor of the political subdivision or upon an opinion of the Solicitor of the political subdivision, publicly stated at an open meeting of the political subdivision and recorded in the official minutes of the meeting, shall not be subject to the penalties provided for in Subsection A, B, C, D, F or G of this section. Solicitor's opinion has been rendered under duress or where the parties seeking and rendering the Solicitor's opinion have colluded to purposely commit a violation of this chapter.
