It is the intent of this Article to place responsibility for the Administration of the Code of Ethics with a nonpartisan Board of Ethics whose members can bring a wide variety of perspectives to ethical questions. Members of the Board are to be appointed directly by the organizations listed in this Article, except as noted below.
Responsibility for the implementation of this Article shall rest with the Council.
Within thirty (30) days of the effective date of the ordinance adopting this code, there shall be created a Board of Ethics (hereinafter referred to as "the Board"). This Board shall be composed of seven (7) members. Each organization below shall appoint one (1) representative to the Board, who shall be the head of the organization or his/her designee, with the exception of the citizen member at-large who shall be appointed by two-thirds (2/3) of the members of Borough Council. All Board members shall be residents of the Borough of Wilkinsburg.
A. 
Wilkinsburg Chamber of Commerce (WCC).
B. 
Wilkinsburg Community Ministry Board (WCMB).
C. 
Wilkinsburg Chapter of the NAACP (NAACP).
D. 
Wilkinsburg Citizens Coordinating Committee (WCCC).
E. 
Allegheny County Bar Association (ACBA).
F. 
Wilkinsburg Ministerium (WM).
G. 
A citizen of the Borough of Wilkinsburg.
Members of the Board shall serve four-year staggered terms. In the first appointment to the Board, the representatives from the WCC and the WCMB will serve four-year terms. The representative from the ACBA and the NAACP as well as the citizen representative shall serve three-year terms. The representative from the WM, WCCC and the designated citizen shall serve two-year terms. Thereafter, all members of the Board shall serve full four-year terms.
Any vacancy occurring in the Board for any reason shall be filled by the designated organization or responsible party or parties for the unexpired term within a period of forty-five (45) days after such vacancy occurs.
Members of the Board shall receive no compensation.
No individual, while a member of the Board or public employee working with or for the Board, shall:
A. 
Be a candidate for, campaign for or hold any political office, or hold any public office or any office which is filled by the vote of the electorate and for which there is compensation.
B. 
Campaign for or against any candidate or candidates except for himself or herself for a noncompensated, nonpolitical position or give campaign speeches or engage in other campaign activities related to the election of any candidate or candidates, except for himself or herself for a noncompensated, nonpolitical office.
C. 
Solicit, collect, control, distribute or use political contributions or sell tickets, chances or raffles, or solicit services on behalf of any political party, political committee, candidate or candidates, except himself or herself when seeking a noncompensated, nonpolitical office.
D. 
Directly or indirectly attempt to influence any decision by the borough or any borough board, commission or authority other than as a representative of the Board on a matter within the jurisdiction of the Board.
E. 
The Council shall declare vacant the position on the Board of any member who takes part in activities prohibited by Subsections A, B, C and D of this section.
Within thirty (30) days of the creation of the Board, the President of Council shall convene the designated members of the Board of Ethics at a convenient time and place. At this first meeting, the Board shall elect one (1) of its members as Chairperson, one (1) as Vice Chairperson and one (1) as Secretary. The President of Council shall preside until the Chairperson is elected. Thereafter, the Chairperson shall preside at all meetings of the Board, or, in his or her absence, the Vice Chairperson shall preside.
Four (4) members of the Board shall constitute a quorum. The Board shall conduct no business except in the presence of a quorum. The votes of a majority of the members present is required for any action or recommendation of the Board.
It shall be the responsibility of the Board to carry out and enforce the provisions of the Code. In doing so, it shall make every effort to safeguard and protect the rights of all parties involved in cases before the Board. In interpreting the provisions of the Code, the Board shall give due recognition to the appearance of wrongdoing as well as to specific wrongdoing. It shall liberally construe and strictly enforce the code.
The first Board of Ethics established under this Code shall, within one hundred eighty (180) days of its organization, promulgate, in writing, rules and procedures which shall govern the work of the Board. These rules shall cover, but not be limited to, the following areas: reporting, issuance of advisory opinions, complaint procedures, handling of investigations and conduct of hearings. These rules shall also provide time frames, when appropriate, to ensure the expeditious handling of opinion requests and complaints.
The Board shall:
A. 
Render to any public official or public employee an advisory opinion with respect to such person's duties under this code and/or with respect to ethical standards in the municipal service, upon written request by the public official or public employee or by an appropriate superior of the public official or public employee concerned.
B. 
Make recommendations to the Manager and to Council directed to compose ethical standards in the borough service or to improve organization and procedure related to administration and enforcement of such standards and/or this code.
C. 
Initiate an inquiry where an opinion has not been requested but where there is a reasonable belief that a violation of this code may exist. Such inquiry shall be conducted in privacy with full respect to the confidentiality of all the parties involved in the alleged violation.
D. 
Prepare and publish annual summaries of Board action.
E. 
Render opinions, make recommendations and approve actions as otherwise required by this code or in order to effectuate the goals and desires of Council as expressed in § 24-2 of this code.
A. 
All advisory opinions of the Board shall be in writing, shall be public records, shall be retained and available for at least ten (10) years and may from time to time be published.
B. 
The Board shall issue an advisory opinion within twenty (20) days of receipt of a request. Such time period for issuance may be extended for good cause and with notification given to the requestor.
C. 
No person who acts in good faith on an advisory opinion issued to him or her by the Board shall be subject to any penalties or discipline under this code, and the advisory opinion shall be binding on the Board, provided that the material facts are as stated in the request.
D. 
It shall be evidence of good faith conduct in any civil or criminal proceeding or action by the State Ethics Commission, if a person requested an advisory opinion from the Board, disclosed fully and truthfully all the material facts and performed the acts complained of, in reliance on the advice issued by the Board.
E. 
Prior to publishing or otherwise making available to the public any advisory opinion, the Board shall make such deletions as may be necessary to prevent the disclosure of the identity of the person requesting the advisory opinion, upon the request of such person.
Any person who violates the confidentiality of a Board proceeding shall be fined not more than one thousand dollars ($1,000.) and, in default thereof, shall be imprisoned up to thirty (30) days.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Any person who knowingly files a false report, or who willfully affirms or swears falsely in regard to any material matter before the Board, in addition to any other penalty provided by law, shall be fined not more than one thousand dollars ($1,000.) and, in default thereof, shall be imprisoned up to thirty (30) days.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.