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A. Borough officials and borough-hired consultants and contractors, while acting in such capacity, shall not knowingly make false statements to influence official action.

B. Official Action. No borough official shall participate in any official action in which:

1. The person or the person’s immediate family member is the applicant, a party or has a substantial financial interest in the subject of the official action.

2. Within a period of one year after the action the person or the person’s immediate family member will have a substantial financial interest in the subject of the official action.

3. The person or the person’s immediate family member resides or owns land, either personally or within a business or organization, within a 500-foot periphery of any property that is the subject of any action.

4. The person or the person’s immediate family member does or will recognize a substantial financial interest as a result of the action.

5. Exceptions.

a. This subsection does not prohibit a person or the person’s immediate family member from acquiring a substantial financial interest in the subject of the action after the longer of 12 months after the official action is approved, or 12 months after the person’s term or employment ends.

b. This section does not prohibit any gain or loss that would generally be in common with all other citizens or a large class of citizens.

c. This section does not prohibit any gain or loss that would generally be in common with other property owners on property that is further than 500 feet from the periphery of any property that is the subject of an action.

C. Borough officials and the borough manager acting in the course of their official duties are allowed to participate in official actions on behalf of the borough when the borough itself is the applicant or subject of the action.

D. Undue Influence. No borough official shall attempt to influence the borough’s selection of any bid or proposal, or the borough’s conduct of business, in which the borough official has a substantial financial interest. This subsection does not prohibit a borough official from being an applicant while holding borough office or borough position, if the person takes no official action concerning his or her own application. A borough official may give testimony and make appearances before borough bodies on his or her own behalf.

E. Participation in Appointments. No borough official shall participate in, vote on, or attempt to influence the selection of an appointee to any board, commission or committee (1) having authority to take official action on any pending matter or application in which that official has a substantial financial interest or (2) if that official has a substantial financial interest with a nominee for the appointment.

F. No official shall participate in, vote on, or attempt to influence the selection of an appointee to the planning commission if that official has, or could reasonably be expected to have within one year after the date of the appointment:

1. A rezoning, quasi-judicial or platting action pending before the commission; or

2. An application that would require approval by a quasi-judicial or platting action of the commission.

In the case of the reappointment of an incumbent to another term, the prohibition above also applies to an official who had such a matter pending before the planning commission within one year before the date of the reappointment. The borough attorney may, upon written request, recommend an exception to this one-year period when it determines the public interest does not require continuing enforcement of the prohibition.

G. Use of Office for Personal Gain. No borough official shall seek office or position or use their office or position for the purpose of obtaining anything of value for the official, an immediate family member or a business owned by the official or in which the official holds an interest, or for the purpose of influencing any matter in which the official has a financial interest. This subsection does not prohibit the receipt of authorized remuneration for the office or position.

H. Inappropriate Use of Office Title or Authority. No borough official shall use the implied authority of office or position for the purposes of unduly influencing the decisions of others, or promoting a personal interest within the community. Borough officials will refrain from using their title except when duly representing the borough in an authorized capacity. Unless expressly authorized to represent an official position of the borough or a body of the borough, borough officials shall refrain from implying their individual representation is that of the whole by the use of their title.

I. Representing Private Interests. No borough official shall, for compensation, represent or assist those representing private business or personal interests before the borough assembly, administration, or any borough board, commission or agency. Nothing herein shall prevent an official from making verbal or written inquiries on behalf of constituents or the general public to elements of borough government or from requesting explanations or additional information on behalf of such constituents. No official may solicit or accept a benefit or anything of value from any person for having performed this service.

J. Confidential Information. No borough official may disclose information he or she knows to be confidential concerning employees of the borough, borough property, borough government, or other borough affairs, including but not limited to confidential information disclosed during an executive session, unless authorized or required by law to do so.

K. Outside Activities. A borough official may not engage in business or accept employment with, or render services for persons other than the borough or hold any office or position where that activity, office, or position is incompatible with the proper discharge of the official’s borough duties or would tend to impair the official’s independence of judgment in performing borough duties.

L. Future Employment. For one year after leaving office, an assembly member shall not hold any compensated borough office or employment that was created, or the salary or benefits of which were specially increased, in a vote by the assembly during the last year the member was in office. The same rule shall apply to school board members.

M. Gratuities. No borough official shall accept a gratuity from any person engaging in business with the borough or having a financial interest in a decision pending with the borough. No borough official shall give a gratuity to another borough official for the purpose of influencing that person’s opinion, judgment, action, decision or exercise of discretion as a borough official. This subsection does not prohibit accepting:

1. A meal of reasonable value;

2. Discounts or prizes that are generally available to the public or large sections thereof;

3. Gifts presented by an employer to its employees in recognition of meritorious service, or civic or public awards;

4. A lawful campaign contribution made to a candidate for public office;

5. An occasional gift of insignificant value;

6. Any gift which would have been offered or given to him if he were not a borough official or the borough manager.

N. Use of Borough Property. No borough official or borough-hired consultant or contractor may use, request or permit the use of borough vehicles, equipment, materials or property for any nonborough purpose, including but not limited to private financial gain, unless that use is available to the general public on the same terms or unless specifically authorized by the borough assembly. This subsection does not prohibit de minimis personal use.

O. Political Activities, Limitations of Borough Officers. An employed borough officer may not take an active part in a nonborough sanctioned political campaign or other political activity when on duty. Nothing herein shall be construed as preventing such officers from exercising their voting franchise, contributing to a campaign or candidate of their choice, or expressing their political views when not conspicuously representing the borough. Similarly, any borough official may not take an active part in a political campaign or other political activity during an official meeting.

P. Influencing Another Borough Official’s Vote. A borough official may not attempt to influence another borough official’s vote or position on a particular item through contact with the borough official’s employer or by threatening financial harm to another borough official.

Q. Testimony. Borough officials shall not participate in public testimony before any borough body in any matter in which they have a substantial financial interest unless:

1. They or the borough are the applicant; or

2. They fully and publicly disclose the nature of their interest in the subject of the action.

R. Voting on Certain Questions Prohibited. No assembly member or the member of any committee, board or commission may vote, debate, testify, or otherwise take part in the official action on any question on which the member has substantial financial or personal interest, except an official who is an applicant may testify on his or her own behalf from the public testimony area.

S. Prohibited Employment – Related Activities. The following employment-related activities are prohibited:

1. Continuing as an employee of the borough after being elected to the borough assembly (this does not include school district employees);

2. Taking any action which affects the employment status of any other person when the reason for such action is predicated on race, color, religion, sex, or national origin;

3. Making any false statement on any application, report or other document relating to employment status or to commit any other fraud which would prevent the fair and impartial execution of this code;

4. Demanding or requesting an applicant for employment provide information relating to the applicant’s religion, ancestry, race, or political convictions;

5. Seeking or attempting to use any political party endorsement to secure any borough appointment or promotion;

6. Requiring personnel to subscribe, contribute, or provide a service to any political party; or

7. Giving, rendering, paying, offering, soliciting, or accepting any money, service, or other valuable thing in attempting to secure any appointment, promotion, or advantage in a borough position. (Ord. 17-10-481 § 4)