[Ord. 1985-1, 2/13/1985]
The public judges its government by the way public officials
and employees conduct themselves in the posts to which they are elected
or appointed. The people have a right to expect that every public
official and employee will conduct himself in a manner that will tend
to preserve public confidence in and respect for the government he
represents. Such confidence and respect can best be promoted if every
public official and employee, whether paid or unpaid and whether elected
or appointed, will uniformly:
[Ord. 1985-1, 2/13/1985]
As used in this chapter, the following terms shall have the
meanings indicated.
Any interest which shall yield, directly or indirectly, a
monetary or other material benefit to the official or employee or
to any person employing or retaining the services of the official
or employee. "Financial interest" shall not include cases where the
official or employee is a party to or is associated with a party to
a transaction with the Township when such official or employee has
no possible influence in the transaction.
Any person elected or appointed to, or employed or retained
by, any public office or public body of the Township, whether paid
or unpaid and whether part-time or full-time.
A person, firm, corporation, or other entity participating
in or intending to participate in any transaction with the Township
in any manner which would give the person, firm, corporation, or entity
a personal or financial interest in the transaction.
Any interest arising from blood or marriage relationships
or from close business associations, whether or not any financial
interest is involved.
Any agent, board, body, commission, committee, department,
or office of the Township.
Includes but is not limited to any proceeding, application,
submission, request for ruling or other determination, contract, lease,
claim, case award, decision, judgment, or legislation, including ordinances
and resolutions.
[Ord. 1985-1, 2/13/1985]
No official or employee shall grant or make available to any
person any consideration, treatment, advantage, or favor beyond that
which is in the general practice to grant or make available to the
public at large.
[Ord. 1985-1, 2/13/1985]
1.Â
Financial or Personal Interest. No official or employee, either on
his own behalf or for any other person, shall have any financial or
personal interest in any transaction with any public body.
2.Â
Disclosure and Disqualification. All officials and employees shall,
upon taking office, file a financial disclosure statement of all areas
of financial interest or personal interest as set forth by the Commonwealth
State Ethics Act, Act 120 of 1978, as amended or may be amended from
time to time. Whenever the performance of his official duties shall
require any official or employee to deliberate and vote on any matter
involving his financial or personal interest, he shall publicly disclose
the nature and extent of such interest and disqualify himself from
participating in the deliberation as well as in the voting.
3.Â
Incompatible Employment. No official or employee shall engage in
private employment with or render service for any party in connection
with any transaction with any public body. Except where authorized
by law, no official or employee shall hold any other position as an
official or employee during the term for which he was elected or appointed
to his present office, and no former official or employee shall hold
any appointive compensated position as an official or employee until
one year after the expiration of the term for which he was elected
or appointed. No official or employee shall be prohibited, under this
subsection, from serving on any public body or on any intergovernmental
agency or council of government which would be in furtherance of his
duties and responsibilities as an official or employee, but no additional
pay shall be received for any such services. This subsection shall
not prohibit the Township Manager from serving as the Township Secretary
or Treasurer simultaneously.
4.Â
Representation of any Party. No official or employee shall appear
on behalf of any private person, other than himself, before any public
body, except by issuance of a subpoena issued by a court having jurisdiction
over the subject matter at issue.
5.Â
Gifts and Favors. No official or employee shall accept any gift,
whether in the form of money, thing, favor, loan, or promise, that
would not be offered or given to him if he were not an official or
employee, except that food or drink consumable at one meal shall not
be considered a gift or favor.
6.Â
Confidential Information. No official or employee shall use or permit
the use of any confidential information acquired by him through his
position as an official or employee to advance the financial or personal
interest of himself or any other person or entity.
7.Â
Service as Attorney. No official or employee shall serve as attorney
for a public body during the period that he serves as an official
or employee and for one year thereafter. This shall not prohibit the
Township Attorney from serving any public body in the Township where
he is the attorney.
8.Â
Township Attorney. The Township Attorney or his firm shall not be
permitted to serve a party in any matter in which the Township is
an adverse party or has an adverse interest during his tenure and
for at least one year subsequent to his retirement, resignation, or
removal as Township Attorney, but nothing herein shall prohibit the
Board of Supervisors from appointing the succeeding Township Attorney
from the same firm.
9.Â
Purchases or Sales by Official or Employee. No official or employee
shall be a purchaser in any sale involving the Township; nor shall
an official or employee be a vendor, directly or indirectly, of any
item purchased by him in his official capacity, including a purchase
or sale by a parent, spouse, child, brother, sister, or like relative-in-law
or by any person, firm, partnership, corporation, business association,
trustee or straw party for or on behalf of such official or employee.
10.Â
Independence of Judgment. No official shall accept other employment
or receive any compensation or make any investments that would impair
his independence of judgment in the performance of his duties as an
official or employee.
[Ord. 1985-1, 2/13/1985]
Every transaction made in violation of the provisions of this
chapter may be voided at the instance of any party to the transaction,
except the official or employee interested therein, upon written election
thereof delivered to the Township Manager before the transaction is
completed or within 90 days after completion. No such transaction
may be voided because of the interest of an official or employee unless
such transaction is made in the official capacity of such official
or employee, by a public body of which he is an official or employee
or on the recommendation of a public body of which he is an official
or employee.
[Ord. 1985-1, 2/13/1985]
Subject to due process of law, any official or employee who
violates any provision of this chapter may be disqualified from being
an appointed official or employee in the Township for four years after
the date of the transaction in which the violation occurs. If the
violation occurs while he is serving as an appointed official, he
may be removed from his position as an appointed official by a majority
vote of the Board of Supervisors subject to procedural and substantive
procedure of law. If the violation occurs while he is serving as an
employee, he may be removed from his position as an employee by the
Township Manager all in accordance with the statutes of the Commonwealth
of Pennsylvania.
[Ord. 1985-1, 2/13/1985]
1.Â
Every official or employee, on or before January 31 of each year,
shall file a disclosure statement with the Township Manager. Where
there is no change from a disclosure statement already on file, a
written affirmation of the statement already on file may be submitted
in lieu of a new statement. Every person shall amend his own statement
as circumstances require. As required by the Commonwealth of Pennsylvania
State Ethics Act, Act 170 of 1978, a statement of financial interest
shall be filed in accordance with the statute.
2.Â
The Township Manager shall maintain a file of all disclosure statements,
which shall be available for public inspection at reasonable times
in the Township office. The Manager shall also maintain a register,
also available for public inspection, of the name and address of each
person requesting inspection and the date the inspection was made.
3.Â
The Township Manager shall distribute standard forms for the financial
disclosure statement. No disclosure statements shall indicate dollar
or other value of an interest. The financial disclosure statement
shall be the standard form used by the State Ethics Commission.
