Chapter 3.40
RESTRICTIONS ON EMPLOYEES

Sections:

3.40.010    Prohibited acts.

3.40.020    Business dealings with borough.

3.40.030    Surplus property.

3.40.040    Aiding and abetting.

3.40.050    Declaration of potential violations by public employees.

3.40.060    Post-employment restrictions.

3.40.070    Persons who may file complaints.

3.40.080    Action on complaints and conduct of investigations.

3.40.090    Sanctions for violation.

3.40.100    Violations – Penalties for misconduct.

Cross Reference – KGBC 2.20.170 through 2.20.200.

3.40.010 Prohibited acts.

(a)    Official Action. An employee shall not participate in any official action in which he has a financial interest. No employee may testify before the borough assembly, board, commission or other agency without first disclosing any financial interest which the employee has in the subject of the testimony.

(b)    Business Prohibition. No employee may engage in business with the borough when that person has had substantial involvement in planning, recommending or otherwise supporting the project or transaction at issue. No employee shall attempt to influence the borough’s selection of any bid or proposal, or the borough’s conduct of business, in which the employee has a financial interest. Newly hired employees who have preexisting contracts with the borough may fulfill the terms and conditions of such contracts without penalty. Employees may engage in business with the borough so long as that activity complies with both this subsection and KGBC 3.40.020.

(c)    Use of Office for Personal Gain. No employee shall seek or hold a position of employment for the purpose of obtaining anything of value for himself, his immediate family or a business that he owns or in which he holds an interest or for any matter in which he has a financial interest. This prohibition shall not apply to the receipt of authorized remuneration for that office or position.

(d)    Representing Private Interests. No employee shall represent, for compensation, or assist those representing private business or personal interests before the borough assembly, administration, or any borough board, commission or agency.

(e)    Confidential Information. No employee may disclose information he knows to be confidential concerning the property, government, or affairs of the borough unless authorized or required by law to do so.

(f)    Outside Activities. In addition to the limitations in KGBC 3.15.050, an employee may not engage in business or accept employment with, or render services for, a person other than the borough or hold an office or position where that activity or position is incompatible with the proper discharge of his borough duties or would tend to impair his independence of judgment in performing his borough duties. This prohibition shall include but not be limited to the following activities:

(1)    If, during the term of employment, a borough employee runs and is elected to the office of borough mayor or borough assembly, the employee must resign their employment in order to take office.

(2)    A borough employee shall not be eligible for appointment to a borough board that has oversight over the department of employment of that employee.

(g)    Gratuities. No employee 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 employee shall give a gratuity to another employee for the purpose of influencing that person’s opinion, judgment, action, decision or exercise of discretion as a borough employee. Any employee who accepts a gift having a value in excess of fifty dollars ($50.00) shall report such gift to the employee’s supervisor if the employee may take or withhold action that affects the giver. The supervisor shall forward a copy of the report to the borough manager who shall maintain the report in a public file. As used in this section, “gift” includes any series of gifts from the same donor within any twelve (12) month period, other than meals reciprocated by the employee.

This subsection does not prohibit accepting:

(1)    A meal;

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

(3)    Gifts presented by employers in recognition of meritorious service or other civic or public awards;

(4)    A candidate for public office accepting campaign contributions;

(5)    An occasional nonpecuniary gift of insignificant value;

(6)    Any gift which would have been offered or given to the person if the person were not an employee.

(h)    Use of Borough Property. No employee may request or permit the use of borough vehicles, equipment, materials or property for a non-borough 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 manager.

(i)    Political Activities, Limitations of Individuals. Employees may not take an active part in a political campaign or other matter to be brought before the voters when on duty. Nothing herein shall be construed as preventing employees from exercising their voting franchise, contributing to a campaign or candidate of their choice or expressing their political views when not on duty or otherwise conspicuously representing the borough. [Ord. No. 1366S, §1, 11-21-05. Code 1974 §5.37.210.]

3.40.020 Business dealings with borough.

Subject to all other applicable ordinances, an employee may sell to, barter with, or buy from the borough only as provided below:

(a)    Sales to the borough:

(1)    A sale to the borough for five hundred dollars ($500.00) or less is permitted if it is at a price prevailing in the community.

(2)    A sale to the borough at any price is permitted if:

a.    At least three (3) written quotes are obtained by the borough manager and the borough manager selects the quote which is the most advantageous to the borough; or

b.    An invitation to bid is published requesting sealed bids and the borough selects the bid which is the most advantageous to the borough; or

c.    The procurement is by a request for proposals (RFP) process under which the borough awards the contract to the respondent which is most advantageous to the borough; or

d.    The procurement is a noncompetitive, sole source, or emergency procurement; and

1.    The borough manager makes a written finding that such procurement method is justified, setting out the facts which support that finding and make procurement by the method the most advantageous to the borough; and

2.    The borough approves the award.

(b)    Purchase from the borough:

(1)    Purchase from, or barter exchange with, the borough for five hundred dollars ($500.00) or less or equivalent value is permitted if it is at a price or rate prevailing in the community and such purchase or exchange is offered to the public; or

(2)    Purchase from or barter exchange with the borough for any amount or equivalent value is permitted if an invitation to bid is published requesting sealed bids and the borough selects the bid which is the most advantageous to the borough. [Ord. No. 1366S, §1, 11-21-05. Code 1974 §5.37.220.]

3.40.030 Surplus property.

An employee is prohibited from bidding upon, or otherwise obtaining, any property which is unneeded or surplused by the borough unless that employee can satisfactorily demonstrate to the borough manager that no reasonable conclusion could be made that the employee possessed knowledge about the property which would not be readily obtainable or observable to a member of the general public. [Ord. No. 1366S, §1, 11-21-05. Code 1974 §5.37.230.]

3.40.040 Aiding and abetting.

It is a violation of this chapter for an employee to knowingly aid another official or employee in violation of this chapter. Such aiding a violation will be considered misconduct on the part of such employee. [Ord. No. 1366S, §1, 11-21-05. Code 1974 §5.37.240.]

3.40.050 Declaration of potential violations by public employees.

(a)    An employee who is involved in a matter that may result in violation of KGBC 2.20.010 through 2.20.160, Chapter 2.55 KGBC, or this chapter shall:

(1)    Refrain from taking any official action relating to the matter until a determination is made under this section;

(2)    Immediately disclose the matter in writing to the designated supervisor.

(b)    The employee’s supervisor shall make a written determination whether an employee’s involvement violates KGBC 2.20.010 through 2.20.160, Chapter 2.55 KGBC, or this chapter. If the supervisor determines that a violation could exist or will occur, the supervisor shall:

(1)    Reassign duties to cure the employee’s potential violation to the extent practicable; or

(2)    Direct the divestiture or removal by the employee of the personal or financial interests that give rise to the potential violation.

(c)    The supervisor may request guidance from the borough attorney when determining whether a public employee is involved in a matter that may result in a violation of KGBC 2.20.010 through 2.20.160, Chapter 2.55 KGBC, or this chapter. [Ord. No. 1366S, §1, 11-21-05. Code 1974 §5.37.250.]

3.40.060 Post-employment restrictions.

(a)    No former employee shall, for a period of six (6) months after the termination of the term of office or employment, represent, advise, or assist a person for compensation regarding a matter that was under consideration by the borough or School District and in which the employee participated personally and substantially through the exercise of official action.

(b)    This section does not prohibit the borough or School District from contracting with a former employee to act on a matter on behalf of the borough or School District.

(c)    In this section, “matters” includes a case, proceeding, application, contract or determination. [Ord. No. 1366S, §1, 11-21-05. Code 1974 §5.37.260.]

3.40.070 Persons who may file complaints.

(a)    Any person may file a complaint against any employee alleging a violation of the provisions of this chapter. All complaints under this chapter shall be made in writing signed by the complainant affirming that to the best of that person’s knowledge, information, and belief formed after reasonable inquiry, the facts stated in the complaint are true. The complainant shall identify the KGB Code section that was allegedly violated or how the complainant believes the KGB Code was violated, a description of the evidence, and the name of the complainant and contact information.

(b)    A complaint must be filed within one year of the alleged violation.

(c)    A complaint shall be submitted to the borough manager or designee. Upon receipt, the borough manager or designee shall date and number the complaint and shall act on the complaint in accordance with this chapter. [Ord. No. 1366S, §1, 11-21-05. Code 1974 §5.37.270.]

3.40.080 Action on complaints and conduct of investigations.

(a)    The borough manager or designee shall review the complaint in order to determine if further action on the complaint is warranted. If the borough manager or designee determines the facts alleged in the complaint, even if proven, would not constitute a violation of this chapter, the borough manager shall without further action return the complaint to the complaining party. If the borough manager determines the facts alleged, if proven, would constitute a violation of this chapter, however, the respondent shall be given notice with a copy of the complaint and an opportunity to present written or oral information regarding the matter, including the names of any witnesses the person wishes to have interviewed by the borough manager.

(b)    At the conclusion of an investigation, the borough manager or designee shall prepare a written report including:

(1)    A summary of the investigation; and

(2)    A report of such administrative or legal action deemed appropriate.

(c)    Upon completion of the report, the borough manager or designee shall furnish a copy to the complainant and the person under investigation. [Ord. No. 1366S, §1, 11-21-05. Code 1974 §5.37.280.]

3.40.090 Sanctions for violation.

(a)    Any employee found by the borough manager or designee to have violated any of the provisions of this chapter, or to have furnished false or misleading information, shall be subject to employment sanctions, up to and including discharge, as determined by the borough manager or designee under KGBC 3.40.100.

(b)    Any municipal contractor who fails to provide documents or information requested by the borough manager or designee shall be subject to cancellation of contract rights as determined by the borough manager.

(c)    No person may knowingly disclose to another person or otherwise make public the content of a complaint filed with the borough manager under this chapter until the borough manager has first reviewed that complaint, determined that the facts alleged under that complaint, if proven, would constitute a violation of this chapter, and given a copy of the complaint to the respondent. After notice and hearing, the borough manager may refer a person found in violation of this subsection to the borough attorney for prosecution under the KGB Code. [Ord. No. 1366S, §1, 11-21-05. Code 1974 §5.37.290.]

3.40.100 Violations – Penalties for misconduct.

(a)    If an employee has been found to have violated this chapter, the borough manager:

(1)    Shall order the employee in writing to stop engaging in any official action related to the violation;

(2)    May order divestiture, restitution, or forfeiture;

(3)    May take disciplinary action, including reprimand, demotion, suspension, or dismissal. This does not prohibit the review of a disciplinary action in the manner prescribed by an applicable collective bargaining agreement.

(b)    If a former employee has been determined to have violated this chapter, the borough manager may:

(1)    Issue a public statement of findings, conclusions, and recommendations; and

(2)    Request the borough attorney to exercise all legal and equitable remedies available to the borough to seek whatever relief is appropriate.

(c)    The above penalties shall not affect the right of the borough to seek civil or contractual remedies against any such employee and shall not limit prosecution or action under any other law or policy. [Ord. No. 1736, §7, 9-2-14; Ord. No. 1538A, §4, 11-23-09; Ord. No. 1366S, §1, 11-21-05. Code 1974 §5.37.300.]