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1Editor's Note: Ordinance No. 2022, adopted 8-8-1988, proposed the following amendments to Article VIII of the Charter. This ordinance was not presented at referendum.
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§ C-801D shall be amended
to read as follows:
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D.
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Use of public property. Township
owned vehicles, equipment, material or property shall not be used
or be permitted to be used by township officials or employees for
personal convenience gain, advantage or profit unless specifically
authorized in writing by the Board of Commissioners of the township.
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§ C-802A(3) shall be amended to read as follows:
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(3)
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Seek to influence, directly or
indirectly, the awarding of any contract or decision of the township
where such official or other person or entity in whose welfare the
official is interested would benefit directly or indirectly, financially
or otherwise, from said contract or decision. Such action is not intended
to apply to actions of a Commissioner on behalf of a group or class
of citizens of the township who would benefit from the decision or
the material or services furnished under the contract rendered by
the township if such benefit is generally known and acknowledged.
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§ C-802B shall be amended to read as follows:
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B.
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Disqualification from action.
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(1)
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Any elected or appointed official
of the township or employee thereof having any direct or indirect
financial interest or business interest with any person or entity
proposing to do business with the township or contract with the township
for the purchase, sale or rental of land, materials, supplies or services
of any kind, whether that interest be as an employee, a party, a partner
or a stockholder, shall fully disclose said interest in writing to
the Township and Board of Commissioners and, except where stock holdings
in a public corporation shall be minimal, shall not participate in
the discussion of said contract or business or vote on said contract
or business decision. Violation of this subsection shall render any
business decision made as a result thereof or the contract void.
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(2)
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Any elected or appointed official
of the township or employee thereof having any direct or indirect
financial interest or business relationship with any person or other
entity who has business with the township of any nature shall fully
disclose said interest or relationship in writing to the township
and shall fully disclose said interest or relationship in writing
to the township and shall not participate in the decision, render
advice or otherwise utilize his/her relationship with the township
regarding the business matter before the township involving such person
or entity. Violation of this subsection shall result in rendering
any decision involving said interested township official or employee
void.
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(3)
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Any elected or appointed official
of the township or employee thereof having any direct or indirect
financial or business interest in any legislation, either pending
or proposed, on which the township will take any action or make any
recommendations thereon shall disclose, in writing, to the township
and Board of Commissioners said interest, whether that interest be
as an employee, a party, a partner or a stockholder, except where
such stock holdings in a public corporation shall be minimal, and,
to the extent any such township employee or official participates
in any discussion or gives an official opinion or advice to the Board
prior to the taking of any action or recommendation on proposed legislation,
shall fully disclose said interest and shall refrain from voting upon
or otherwise participating in the enactment of the proposed legislation
and shall be disqualified from any further participation on the proposed
legislation. Violation of this subsection shall render the legislation
void ab initio.
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§ C-802C shall be added
to read as follows:
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C.
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Immediate members of family, For purposes of Article VIII of the Home Rule Charter relating to prohibitions and conflicts of interest and enforcement thereof, a township official, elected or appointed, or employee of the township shall be considered to have a financial or business interest in any matter before the township if any member of the immediate family of the elected or appointed official of the township or employee of the township has a financial or business interest in any matter before the township that is encompassed within the activities under the terms of Article VIII of the Home Rule Charter. "Immediate member of the family," for purposes of Article VIII of the Home Rule Charter, is deemed to include spouse, children, spouses of children and parents of township officials, elected or appointed, and employees of the township.
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§ C-C-803 shall be
amended to read as follows:
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§ C-803. Violations and penalties.
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A.
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Any person who violates any provision of § C-C-801 or C-802 of Article VIII of the Home Rule Charter shall not be qualified to hold appointed or elected office or employment in the township government.
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B.
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Any person who violates any provision of § C-C-801 or C-802 of Article VIII of the Home Rule Charter may, upon conviction, be subject to such fine as may be provided by the Board or by general law.
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C.
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Willful violation of any provision of § C-C-801 or C-802 of Article VIII of the Home Rule Charter shall constitute malfeasance in office, which, except as otherwise may be provided by general law, shall be a summary offense, punishable by the maximum fine and/or imprisonment established by general law. Conviction of any provision of § C-C-801 or C-802 of Article VIII of the Home Rule Charter shall result in forfeiture of office, whether elected or appointed, and termination of employment with the township. Any person so convicted under any provisions of § C-C-801 or C-802 of Article VIII of the Home Rule Charter shall be ineligible to hold office or be employed in the township government.
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D.
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Any person shall be considered in violation of any provision of § C-C-801 or C-802 of Article VIII of the Home Rule Charter pursuant to any one of the following determinations:
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(1)
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An official or employee is convicted for violation of any provision of § C-C-801 or C-802 of Article VIII of the Home Rule Charter as a summary offense either before the Court of Common Pleas of Delaware County, the appropriate magisterial district within the County of Delaware or such other court of law deemed to have jurisdiction over said violations;
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(2)
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An official or employee has been found in violation of any provision of § C-C801 or C-802 of Article VIII of the Home Rule Charter by a fair preponderance of the evidence by the Board of Commissioners of Haverford Township, or such other administrative body so designated and authorized by the Board, and after a hearing and compliance with administrative due process under the Local Agency Law of the Commonwealth of Pennsylvania; or
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(3)
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A person has been found in violation of any provision of § C-C-801 or C-802 of Article VIII of the Home Rule Charter by an adjudication by a court of competent jurisdiction within the Commonwealth of Pennsylvania, any other agency of the Commonwealth of Pennsylvania, the United States Government or agency of the County of Delaware having jurisdiction over the conduct of any township employee or official to the extent said violation of § C-C-801 or C802 of the Home Rule Charter is in violation of the laws of the Commonwealth of Pennsylvania or the United States of America.
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E.
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For proposed of this section, any township employee or official found in violation of § C-C-801 or C-802 of Article VIII of the Home Rule Charter or convicted of violation of § C-C-801 or C-802 of Article VIII of the Home Rule Charter shall be disqualified from holding further office and suspended from further employment by the township, without pay, pending any appeals taken from such decision or conviction of said official or employee.
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The following activities shall be prohibited
in the operation of the township government:
A.
Discrimination. No person shall be favored or discriminated
against in his employment by the township in any capacity, appointment
to any board, commission or agency or removal therefrom because of
race, sex, age, political or religious opinions or affiliations.
B.
Improper gifts. No person who seeks appointment to
any township office, board, commission or agency shall, directly or
indirectly, give or pay any money, service or other consideration
to any person in connection with such appointment.
C.
Gifts to township. No gift of real estate or any interest
in real estate to the township may be accepted without specific approval
of the Board.
The following shall constitute a conflict of
interest and be prohibited and punishable as provided herein:
A.
Improper advantage. No elected or appointed official
of the township government shall:
(1)
Engage in any activity or take any action by virtue
of his official position, from which activity or action the official
or any other person or entity in whose welfare the official is interested
shall benefit or realize a gain or advantage. Such benefit, gain or
advantage shall not be construed to be prohibited if the action in
question is in behalf of a group of citizens of the township and such
benefit and relationship is generally known and acknowledged.
(2)
Solicit or accept, directly or indirectly, any gift,
favor, service, commission or other compensation or consideration
that might reasonably tend to influence that official in the discharge
of the duties of his office.
(3)
Seek to influence, directly or indirectly, the awarding
of any contract where such official or other person or entity in whose
welfare the official is interested would benefit directly, financially
or otherwise, from said contract. Such action is not intended to apply
to actions of a Commissioner on behalf of a group or class of citizens
of the township who would benefit from the contract if such benefit
is generally known and acknowledged.
B.
Disqualification from action. Any elected or appointed
official of the township or employee thereof having any direct or
indirect financial interest with any person or other entity proposing
to contract with the township for the purchase or sale of land, materials,
supplies or services of any kind, whether that interest is as an employee,
a party, a partner or a stockholder, shall fully disclose such interest
and, except where stockholdings in a public corporation shall be minimal,
shall not participate in the discussion of said contract or vote on
same. Violation of this section shall render the contract voidable.
Any person who violates §§ C-801 and C-802 of this Article shall not be qualified to hold appointed office or employment in the township government and, upon conviction, may be subject to such fine as may be provided by the Board or by general law. Willful violation of the provisions of §§ C-801 and C-802 of this Article shall constitute malfeasance in office, which, except as otherwise may be provided by general law, shall be a summary offense punishable by the maximum fine and/or imprisonment established by general law. Conviction shall result in forfeiture of office or termination of employment, and any person so convicted shall thereafter be ineligible to hold office or be employed in the township government.
