Chapter 39, ETHICS, CODE OF

[johnfisher]

Chapter 39, ETHICS, CODE OF
[HISTORY: Adopted by the Board of Commissioners of the Township of Radnor 6-23-1975 as
Res. No. 287. Amendments noted where applicable.]
CHARTER REFERENCES
Conflicts of interest -- See § 9.05.
GENERAL REFERENCES
Standards of conduct -- See Ch. 5, §§ 5-10 and 5-65.
Defense and indemnification -- See Ch. 25.

§ 39-1. Findings and purpose.
The proper operation of township government requires that public officials and employees be
independent, impartial and responsible to the people; that governmental decisions and policy be
made in the proper channels of the governmental structure; that public office and employment
not be used for personal gain; and that the public have confidence in the integrity of its
government and its employees. In recognition of these goals, there is hereby established a Code
of Ethics for all officials and employees, whether elected or appointed; or paid or unpaid. The
purpose of this code is to establish ethical standards of conduct for all such officials and
employees by setting forth those acts or actions that are incompatible with the best interests of
the township and by directing full disclosure by such officials and employees of all private
financial, political, personal or other interests in matters affecting the township. The provisions
and purpose of this code and such rules and regulations as are hereby established are declared to
be in the best interests of the Township of Radnor.
§ 39-2. Responsibilities of public officers and employees.
Public officials and employees are agents of public purpose and hold office for the benefit of
the public. They are bound to uphold the Constitution of the United States and the Constitution
of this state and to carry out impartially the laws of the nation, state and municipality and thus to
foster respect for all government. They are bound to observe in their official acts the highest
standards of morality and to discharge faithfully the duties of their office regardless of personal
considerations, recognizing that the public interest must be their primary concern. Their conduct
in both their official and private affairs should be above reproach.
§ 39-3. Dedicated service.
A. Officials and employees should adhere to the rules of work and performance established as
the standard for their positions by the appropriate authority.
B. Officials and employees shall under no circumstances exceed their authority or breach the
law or ask others to do so, and they shall work in full cooperation with other public officials
and employees where so directed by the appropriate township authority, unless prohibited
from so doing by law or by officially recognized confidentiality of their work.
§ 39-4. Fair and equal treatment.
A. Interest in appointments. Canvassing of members of the Board of Commissioners or the
Township Manager, directly or indirectly, in order to obtain preferential consideration in
connection with any appointment to the municipal service, except with reference to positions
filled by appointment by the Commissioners, shall be reported to the full Board of
Commissioners, with a full explanation of the details related to such contact.
B. Use of public property. No official or employee shall request or permit the use of
township-owned vehicles, equipment, materials or property for personal convenience or
profit, except when such services are available to the public generally.
C. Obligations to citizens. No official or employee shall grant any special consideration,
treatment or advantage to any citizen beyond that which is available to every other citizen.
§ 39-5. Conflicts of interest.
A. No official or employee, whether paid or unpaid, shall engage in any business transaction or
shall have a financial or other interest, direct or indirect, which in any way involves the
proper discharge of his official duties in the public interest or would tend to impair his
independence of judgment or action in the performance of his official duties.
B. Specific conflicts of interest are enumerated below for the guidance of officials and
(1) Incompatible employment. No official or employee shall engage in or accept private
employment or render services for private interests when such employment or service
would conflict or interfere with or influence him in the proper discharge of his official
duties or would tend to impair his independence of judgment or action in the
performance of his official duties. This includes taking action in matters where there is a
promise of future business arising from the action taken, of a reciprocal nature or
otherwise.
(2) Disclosure of confidential information. No official or employee shall, without proper
legal authorization, disclose confidential information concerning the property,
government or affairs of the township, nor shall he use such information to advance the
financial or other private interest of himself or others.
(3) Gifts and favors. No official or employee shall accept any gift or promise of future
benefit, whether in the form of service, loan, thing or promise, from any person, firm or
corporation which to his knowledge is interested, directly or indirectly, in any manner
whatsoever in business dealings with the township; nor shall any such official or
employee accept any gift, favor or thing of value that may tend to influence him in the
discharge of his duties or grant in the discharge of his duties any improper favor, service
or thing of value. Casual business luncheons, dinners or refreshments shall not constitute
a "gift" within the meaning of this subsection.
(4) Representing private interests before boards, commissions or judicial bodies.
(a) No official or employee whose salary is paid in whole or in part by the township
shall render advice, consult with or appear in behalf of private interests before any
board, commission or judicial body where the township is involved directly and the
interest of the party is adverse to the position of the township.
(b) A Commissioner or other official may appear before township boards, commissions
and authorities on behalf of constituents in the course of his duties as a
representative of the electorate or in the performance of public or civic obligations.
However, no commissioner or other official or employee shall accept compensation
for such appearance or representation.
(5) Contracts with the township. Any official or employee who has any financial interest in
any business entity, transaction or contract with the township or in the sale or rental of
real estate, materials, supplies or services to the township shall make known to the
Board of Commissioners such interest in any matter on which he may be called to act in
his official capacity. He shall refrain from voting upon or otherwise participating in the
transaction or the making of such contract or sale.
(6) Disclosure of interest.
(a) Any township official or any township employee who has a financial or other private
interest in any legislation either pending or proposed on which the township will
take any action or make any recommendation shall disclose on the records of the
Board and other appropriate authority the nature and extent of such interest.
(b) Any other official or employee who has a financial or other private interest and who
participates in discussion with or gives an official opinion to the Board shall disclose
on the records of the Board and other appropriate authority the nature and extent of
such interest.
§ 39-6. Political activities.
A. No township official or employee shall utilize township facilities, equipment or supplies,
directly or indirectly, in political campaigns or to the benefit of any political candidate,
except where such township facilities are available to the general public for rent. [Amended
10-13-1997 by Ord. No. 97-33]
B. No township employee shall during working hours or when on township business take part in
any political activity or solicit any contribution or subscription to any political party or
candidate.
C. No official or employee, whether elected or appointed, shall promise an appointment to any
municipal position as a reward for any political activity.
§ 39-7. Ethics Board.
A. There is hereby created an Ethics Board, to consist of five members who shall serve without
compensation of any kind.
B. The membership of the Ethics Board shall be four Radnor citizen members and the President
of the Board of Commissioners. The Township Manager and Township Solicitor shall
provide necessary staff assistance as requested by the Board, but shall have no vote.
C. The citizen members of the Ethics Board shall be appointed by the Board of Commissioners.
Terms of office shall be four years, except that when the initial appointments are made, two
of the members shall be appointed for two years and the two others for four years.
D. The Ethics Board shall annually elect its own Chairman and Vice Chairman and shall
develop written rules of procedures which shall be submitted to the Board of Commissioners
for approval. The Ethics Board shall also name a secretary, who need not be a member of the
Board.
E. The Ethics Board may make recommendations with respect to amendments to this Code of
Ethics.
F. The Ethics Board shall receive and initiate complaints of violations of the Code of Ethics,
shall hear and investigate complaints and transmit the findings and all supporting
documentation, evidence and testimony to the Board of Commissioners, and shall render
advisory opinions or interpretations with respect to application of the code. The findings on
written charges or complaints shall be a public record and shall be signed by the Ethics
Board and formally filed with the Board of Commissioners.
G. The Ethics Board will meet at the call of the Chairman and shall act, except as provided in §
39-8 below, only on submission of written charges or complaints filed by an identified
individual who shall sign such charges.
§ 39-8. Applicability of code.
When a Commissioner or other official or employee has doubts as to the applicability of a
provision of this code to a particular situation, he may apply to the Ethics Board for an advisory
opinion. The Commissioner or other official or employee shall have the opportunity to present
his interpretation of the facts at issue and of the applicable provision(s) of the code before such
advisory decision is made. This code shall be operative in all instances covered by its provisions
except when superseded by an applicable statutory or charter provision and statutory or charter
action is mandatory, or when the application of a statutory or charter provision is discretionary
but determined by the Board of Commissioners to be more appropriate or desirable.
§ 39-9. Violations and penalties.
Violation of any provisions of this code may constitute a cause for suspension, removal from
office or employment or other disciplinary action to be invoked under applicable law by the
Board of Commissioners.