Any person convicted of a felony, or a crime or offense involving moral
turpitude, shall for a period of five years be ineligible to assume any Township
elected office, position or employment and, upon conviction thereof, while
in office or employment, shall forfeit such office or employment.
A.
The amount of any balance or shortage, or any expenditure
of a fund, made in a manner prohibited or unauthorized by law, which causes
financial loss to the Township, shall be a surcharge against any official
or employee who, by malfeasance, misfeasance or nonfeasance, has permitted
or approved such expenditure or shortage to occur;
B.
Any shortage or illegal expenditure in any report filed
by the independent auditor to the Council against any official or employee
shall constitute a surcharge and, unless appeal is taken, the Council shall
cause same to be entered in the office of the Prothonotary of the County of
Montgomery as a judgment against the one surcharged in favor of the Township;
C.
In those instances where the 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 the Council shall issue a special report on the matter and
shall hold a public hearing concerning the report within 45 days after the
issuance thereof;
D.
It shall be lawful for the Township, 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 Montgomery
from the settlement or audit as shown on the report of the auditor to the
Council, not later than 45 days after public notice of the filing of the report;
and
E.
Judgments caused to be entered by the Council or by the
Court after hearing an appeal shall be enforced by appropriate proceedings.
The Township shall bond all employees and officials responsible for
assets and funds of the Township. The Council shall establish the amount of
bond each year by resolution.
Police employed by the Township 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 Township
ordinances which may be issued, and the fees and costs collected in such capacity
shall be paid into the Township treasury.
Whenever any time established by this chapter for the taking of any
action expires on a Sunday or on a legal holiday, 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.
Where required by Section 404 of the Charter and pursuant to Section
404.3 of the Charter, the following is established as the procedure for securing
bids for purchases and services:
A.
Notice shall be placed in a newspaper of general circulation
in the Township advising that the Township will be accepting sealed bids for
the contracts, labor, material, supplies, or service sought by the Township.
Said advertisement shall be published at least two times at intervals of not
less than three days or once a week for two successive weeks in weekly newspapers.
The first advertisement shall be published not more than 45 days and the second
advertisement not less than 10 days before the date set for the opening of
bids.
B.
Notice of proposed contracts or purchases shall also
be posted where the Council normally meets or in a conspicuous place within
the Township.
C.
Any published notice for bids shall contain full plans
and specifications or refer to the places where copies thereof can be obtained
and give the date, time, and place of the bid opening.
D.
A committee of at least two persons, one of whom shall
be the Township Manager or Assistant Manager, is hereby authorized to conduct
a public meeting for the purpose of opening and reading sealed competitive
bids which have been submitted in accordance with proper advertisement. The
membership of the committee may also include one or more department heads,
the Township Engineer, and any members of Council who may find it convenient
to attend.
E.
The of award of the contract to the successful bidder
shall only be made by public announcement at a duly advertised public meeting
of Council.
F.
The Council may reject all bids received if it is believed to
be in the best interest of the Township, and announced at a public meeting
and noted in the minutes.
G.
All specifications for bids shall require a ten-percent bid bond
guaranteeing the execution of a contract in accordance with the bid specification,
and shall also require a performance bond to guarantee the successful completion
of the contract.
