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
Date:
"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."
Signed
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.[1] 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.
[1]
Editor's Note: See 65 Pa.C.S.A. § 1101.1 et seq.
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.[1]
[1]
Editor's Note: Said Act was repealed by 10-15-1998 by P.L. 729, No. 93.
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."[1]
[1]
Editor's Note: See 53 P.S. § 46121 et seq.
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.