The Manager and all appointed officials, members of authorities,
boards, commissions, committees, offices or agencies, before commencing
their official duties, shall take and sign an oath of office to support
the Constitutions 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 Magisterial District Judge or notary public of
the Commonwealth of Pennsylvania. This oath shall be filed in written
form with the Municipal Secretary prior to assuming office.
All elected and appointed officials, members of authorities,
boards, commissions, committees, offices, or agencies before commencing
their official duties, shall affirm to a code of ethics adopted herewith
by the municipality.
A. The signed affirmation of such code of ethics in the following form
shall be filed with the Municipal Secretary:
|
Affirmation of Code of Ethics of
Township of Hampton
|
|
|
|
|
|
"As a(n) ___________________________ (indicate position) of
the Township of Hampton, I believe and affirm:
|
|
1.
|
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 its government and officials and employees;
|
|
2.
|
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;
|
|
3.
|
Therefore, as a(n) ___________________________ of the Township
of Hampton, 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;
|
|
4.
|
Consequently, I believe it is my duty to:
|
|
|
(a)
|
Respect the rule of law, the concepts of equal treatment for
all, human dignity, and ethical conduct in the performance of my duties;
|
|
|
(b)
|
Represent and work for the common good of all the people of
the Township of Hampton and not for private interests; and to
|
|
|
(c)
|
Observe and act in accordance with the Code of Ethics adopted
by the Township of Hampton."
|
|
|
|
|
B. The Council hereby adopts the following as the Code of Ethics for
the municipality to apply to all elected and appointed officials,
members of authorities, boards, commissions, committees, offices or
agencies, individually and collectively referred to as a "Representative"
of the municipality in said Code of Ethics;
C. Notwithstanding the foregoing, all elected, appointed officials,
members of the Authorities, Commissions and other representatives
or officials, shall be subject to the provisions of the Pennsylvania
Public Officials and Employees Ethics Law, Act 170 of 1978, as amended
by Act 9-1989, as further amended and reenacted. Any provision of the Ethics Code of the Township of Hampton
and/or of the Pennsylvania Public Officials and Employees Ethics Law
which may appear to be in conflict or in variance with the other,
shall be interpreted so that the more stringent requirement shall
be applicable.
|
CODE OF ETHICS
TOWNSHIP OF HAMPTON
|
|
1.
|
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.
|
|
2.
|
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 financial or other
similar special interest.
|
|
3.
|
Disclosure and disqualification. Whenever the performance of
official duties may require a representative of the municipality to
become involved in a conflict of interest, 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.
|
|
4.
|
Municipal employment. No elected representative of the municipality
shall hold any other office or employment with the municipality during
his term of office.
|
|
5.
|
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, nor shall any gift, favor,
gratuity, loan or promise that might be permitted under the provisions
of the State Ethics Code be prohibited. 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.
|
|
6.
|
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.
|
Except as otherwise provided in the Charter or this Administrative
Code, or for the purpose of inquiries and investigations, Council
shall deal with appointed officials and employees in the Administrative
Service solely through the Manager, and neither Council nor any Council
Member or the Controller shall give orders to such appointed officials
or employees, either publicly or privately.
All elected and appointed officials, members of authorities,
boards, commissions, committees, offices or agencies shall, before
assuming their duties and thereafter, each year during their term
of office or employment, file a statement of financial interests with
the Office of the Municipal Manager, which shall be available for
public inspection. Said statement of financial interests 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 Section 1 of the State Ethics Act, Act
170 of 1978, as amended from time to time.
In connection with the reelection to municipal office, each
candidate for nomination for election and every treasurer of a political
committee or person acting as treasurer shall file a copy of all expense
reports required to be filed with the County Board of Elections on
the date required by the County Board.
Council hereby prohibits the following actions and conduct.
For the purpose of this section, elected and appointed officials,
members of authorities, boards, commissions, committees, offices or
agencies are referred to, individually and collectively as "representative."
A. No candidate or employee for election, appointment 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, or religious opinions or affiliations.
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.
G. I would recommend incorporating the anti-nepotism provisions of the
Hampton Township Ordinance relating to the same at this juncture.
A. The amount of any balance or shortage, or any expenditure made in
a manner prohibited or unauthorized by law, which causes financial
loss to the municipality, shall be a surcharge against any official
or employee who, by malfeasance, misfeasance or nonfeasance, has permitted
or approved such expenditure or permitted such shortage to occur.
B. Any shortage or unauthorized or prohibited expenditure in any report
filed by the Municipal Certified Public Accountant(s) ("Auditor")
with Council against any official or employee, shall constitute a
surcharge, and unless appeal is taken, Council shall cause same to
be entered in the Office of the Prothonotary of the County of Allegheny
as a judgment against one surcharged in favor of the municipality.
C. In those instances where Council finds that the shortage or expenditure,
as aforesaid, was not caused by malfeasance, misfeasance or nonfeasance
of the official or employee responsible therefor, but occurred despite
the good faith of such person, the shortage shall not be entered as
a surcharge, but Council shall issue a special report on the matter
and shall hold a public hearing concerning the report within 30 days
after the issuance thereof.
D. It shall be lawful for the municipality, or any resident thereof
on its behalf, or any official or employee whose account is settled
or audited, to appeal to the Court of Common Pleas of the County of
Allegheny from the settlement or audit as shown on the report of the
Auditor to Council, not later than 30 days after public notice of
the filing of the report.
E. Judgments caused to be entered by Council or by the Court after hearing
on appeal shall be enforced by appropriate proceedings.
A. Designation of bond determined by Council.
(1) In addition
to those officials specified in the Charter, the Council of the Township
of Hampton may designate certain officials who, 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 Legal
Counsel 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 amounts Council deems appropriate and establishes
annually by resolution.
(2) After
reviewing recommendations of the Manager and/or the Controller, Council
shall, by resolution, prescribe bonds for other officers, agents or
employees of the municipality, including Council Members, for whom
Council deems that coverage is necessary.
B. The expense for all fidelity bonds shall be borne by the municipality.
Council shall have the authority to conduct inquiries and investigations
as set forth in the Charter.
A. Police employed by the municipality 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 that may be issued, and the
fees and costs collected in such capacity shall be paid into the Municipal
Treasury.
B. Police officers employed by the municipality shall be governed by
Article IX of Chapter 8 of the Pennsylvania Municipal Law, commonly
known as the "Police Tenure Act."
It is the intention of Council that this chapter shall apply
to all municipal organizations, including authorities, boards, commissions,
committees, departments, offices or agencies, whether or not directly
under the supervision of Council. Each appointee to such municipal
organization, by accepting such appointment, promises to take whatever
action may be necessary to implement the appropriate parts of this
chapter within such organization at the earliest practicable time.
A. A violation of this chapter may also be a violation of law and, if
so, the violation of this chapter shall be prosecuted as such violation
of law and shall be punished in accordance with the law.
B. Any person who violates this chapter or fails to comply with any
of its requirements shall, upon conviction thereof, be fined not less
than $10 nor more than $300. In default or payment of the fine, such
person shall be liable for imprisonment for not more than 30 days.
Whenever any time established by this chapter for the taking
of any action expires on a Saturday, Sunday or on a legal holiday
in the municipality, such time shall not expire on said day but shall
expire on the next week day.
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.