Chapter 2.73


2.73.010    Participation in contracting prohibited.

2.73.020    Transactions between borough and employees.

2.73.030    Employee prohibited activity and conduct.

2.73.040    Suspension and forfeiture of employment.

2.73.010 Participation in contracting prohibited.

A. No employee who has a substantial financial and/or personal interest, direct or indirect, in any contract with, or to be made with, the borough or the sale of any land, material, supplies or services to the borough or to a contractor supplying the borough may participate in that person’s capacity as an employee in the making or performance of such contract or the making of such sale.

B. The following shall not constitute a substantial interest prohibited by this section:

1. A contract with a person, business or organization in which an employee has an interest solely by reason of employment as an employee thereof, if the remuneration of such employment will not be directly affected as a result of such contract and the duties of such employment do not directly involve the procurement, preparation or performance of any part thereof;

2. A contract in which an employee has an interest if such contract was entered into prior to the time the person was hired as an employee, but this exception shall in no event authorize a renewal of any such contract;

3. A contract with or sale by a corporation in which an employee has an interest by reason of stockholdings when:

a. The stock of the corporation is listed on a major stock exchange, or

b. Less than 10 percent of the outstanding stock of the corporation is owned or controlled directly or indirectly by such employee;

4. A contract or sale in which an employee has an interest if the total consideration payable thereunder, when added to the aggregate amount of all consideration payable under borough contracts in which such person had an interest during the fiscal year, does not exceed the sum of $2,000. If the borough manager determines a higher sum would be in the best interest of the borough, the assembly may approve the exception by motion. (Ord. 17-10-481 § 10)

2.73.020 Transactions between borough and employees.

A. Affidavit as to Transaction – Filing with Clerk. Should any employee of the borough desire or intend to have business dealings with the borough whereby that person may derive income and benefits other than those provided as remuneration for the performance of duties of employment, the person shall file with the clerk, and in such form as the clerk may prescribe, a statement under oath which shall include the nature of the proposed transaction and the extent of the interest, direct or indirect, which the employee has in the transaction.

B. Publication of Affidavit – Costs Borne –Exceptions. The clerk shall publish a copy of the statement of the intent to do business with the borough in a newspaper of general circulation within the borough. In addition, the clerk shall post a copy of the statement in at least one public place. The cost of the newspaper publications shall be borne by the employee who intends to enter into business transactions with the borough. The clerk may require the employee who is obligated to pay the cost of publication to pay a deposit to cover such costs.

C. Action by Assembly Only After Specified Lapse of Time. The assembly, or other agency or official with authority to act for the borough in the transaction, shall take no action with regard to the proposed transaction until at least 10 days have elapsed since the filing of the statement by the interested employee and until at least seven days have elapsed since the publishing and posting of the statement.

D. Workers’ Compensation Claims or Claim for Damages Not Applicable. Claims for damages or workers’ compensation claims shall not, for the purpose of this section, be construed as business dealings with the borough. (Ord. 17-10-481 § 10)

2.73.030 Employee prohibited activity and conduct.

It shall be unlawful and therefore prohibited for:

A. Any employee to give, render, pay, offer, solicit, or accept any money, service, or other valuable thing in attempting to secure any appointment, promotion, or advantage in a position in the borough service.

B. Any employee to require personnel to subscribe, contribute, or provide a service to any political party.

C. Any employee to seek or attempt to use any political party endorsement to secure any appointment or promotion in the borough service.

D. Any employee to solicit, negotiate for, or promise to accept anything of substantial value from any person, business or organization which is engaged in the transaction of business with the borough.

E. Any employee to use information which is obtained in the person’s official capacity as an employee of the borough and which concerns the property, government or affairs of the borough to advance the financial or other private interests of the person or others.

F. Any employee to accept any loan, gift, gratuity, remuneration or compensation from any person, business or organization other than the borough when the same is offered in exchange for performing or discharging any official duty or responsibility.

G. Any employee, except a school district employee, to continue as an employee of the borough after being elected to the borough assembly.

H. Any employee to take 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.

I. Any employee to knowingly make 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 or to influence official action.

J. Any employee to be employed in any regular full-time or part-time position where they would be supervised by their immediate family member. This shall not apply to temporary positions or special hires.

K. Any employee to demand or request an applicant for employment to provide information relating to the applicant’s religion, ancestry, race, or political convictions.

L. Any employee to invest, either directly or indirectly, in any business or participate in any private business transaction which conflicts with the employee’s official duties.

M. Any employee to be a party to the purchase of or influence the purchase of goods or services for the use of the borough from any business in which the person has a substantial financial interest unless the purchase is approved in advance by the assembly. (Ord. 17-10-481 §§ 10, 11)

2.73.040 Suspension and forfeiture of employment.

In addition to the provision of Chapter 2.82 HBC, Suspension, Demotion and Dismissal, any employee who knowingly conceals a financial interest in violation of this chapter, or who willfully violates the requirements of this chapter, is guilty of malfeasance and shall be subject to forfeiture or suspension from employment. (Ord. 17-10-481 § 10)