Indiana Borough  Code of Ethics and Conduct For Elected and Appointed Officials  "Always do right. This will gratify some people and astonish the rest."  --Mark Twain    Policyl Purpose  The Indiana Borough Council offiçially adopts this Code of Ethics and Conduct to assure that alle elected and appointed officials, while exercising their office, conduct themselves ina a manner that will instill public confidence  and trust int the fair operation and integrity of the Borough of Indiana government.  A.  ETHICS  The citizens and businesses of Indiana Borough are entitled to have fair, ethical and accountable local government. Tot this end, the public should have full confidence that their elected and appointed officials:  Comply with both the letter and spirit of the laws and policies affecting the operations of government;  Arei independent, impartial and fairi in theirj judgment and actions; Use their public office for1 the public good, noti for personal gain; and  Conduct public deliberations and processes openly in an atmosphere of respect and civility. Therefore, members of thel Indiana Borough Council, Borough Manager, anda all Boards, Committeesand Commissions shall conduct themselves in accordance with the following ethical standards:  1.  Acti in the Public Interest. Recognizing that stewardship oft the public interest must be their primary concern, members will worki for the common good of the people of Indiana Borough and not forany private or personal interest, and they will assure fair and equal treatment of all persons, claims and transactions Comply with both the spirit and the letter of the Law and Borough Policy. Members shall comply with the laws of the nation, the State of Pennsylvania and the Borough of Indiana in the performance of their Conduct of Members. The professional and personal conduct of members while exercising their office must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of Respectfor Process. Members shall perform their duties in accordance with the processes and rules of Conduct at Public Meetings. Members shall prepare themselves for public issues; listen courteously and attentively to all public discussion before the body; and focus on the business at hand. Decisions Based on Merit. Members shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations. When making adjudicative decisions (those decisions where the member is called upon to determine and apply facts peculiar to an individual case), members shall maintain an open mind until the conclusion oft the hearing on the matter and shall base their decisions  coming before them.  2.  public duties.  3.  Council, Boards, Commissions and Committees, the staff or public.  4. 5. 6.  order established by the Borough Council.  ont the facts presented at the hearing and the law.    7. 8.  Communication. For adjudicative matters pending before the body, members must disregardi information received from outside. sources and noti introduced as evidence during adjudication proceedings.  Conflict of Interest. In order to assure their independence and impartiality on behalf oft the common good and compliance with conflict of interest laws, members shall use their best efforts to refrain from creating an appearance of impropriety in their actions and decisions. Members shall not use their official positions to influence government decisions in which they have (a) ai material financial interest, or (b)a  conflict of interest with an organization in which they are a member.  AI member who has a conflict of interest regarding a particular decision shall disclose that fact. If uncertain ifa conflict exists the members should seek advice from the Pennsylvania Ethics Commission. Members shall not participate ina a decision in which they have a conflict ofi interest. Inaccordance with the law, members annually shall disclose investments, interests, in real property, sources of debt and income, and gifts; and if they have a conflict ofi interest regarding a particular decision, shall not, once the conflicti is ascertained, participate in the decision and: shall not discuss or comment on the matter in any' way to any person including other members unless otherwise permitted  by law.  9.  Gifts and Favors. Members shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office thati is not available to the public in general. They shall refrain from accepting any gifts, favors or promises off future benefits which might compromise their independence ofj judgment or action or give the appearance of being compromised.  10. Confidential Information. Members must maintain the confidentiality of all written materials and ebalmommatonprowced to mmbepwmdhiscomticetalen privileged. Membersshalinether disclose confidential information without properlegalautionsation, nor use: suchinformation: to advance  their personal, financial or other privateinterests.  11. Use of Public Resources. Members shall not use public resources which are not available to the publicin general (e.g. Borough staff time, equipment, supplies orf facilities) for private gain ori for personal purposes not  otherwise authorized by law.  12. Representation of Private Interests. Inl keeping with their role as stewards of the public interest, members of Council shall not appear on behalf of the private interests oft third parties before the Council orany Board, Committee, Commission or proceeding of the Borough, nor shall members of Boards, Committees and Commissions appear before their own! bodies or before the Council on behalf of the private interests ofthird parties on matters related to the areas of service of their bodies.    13. Advocacy. Members shall represent the official policies or positions of the Bourgh Council, Committee or Commission to the best oft their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their body or the Borough ofl Indiana, nor will they allow the inference that they do. Council members, Committee and Commission members have the right to endorse candidates for all Council seats and Committee  appointments.  14. Policy Role of Members. Members shall respect and adhere to the council-manager structure of Indiana Borough government as outlined int the Borough Code and by ordinance. In this structure, the Borough Council determines the policies of the Borough with the advice, information and analysis provided by Borough staff, Boards, Committees and Commissions, and the public. The President oft the Council, provides oversight and direction of the police department and not interfere with the administrative functioning of the Borough Manager or the professional duties of Borough staff; nor shall any member of Council impair  the ability of staff to implement Council policy decisions.  15. independence ofBoards, Committees and Commissions. Because ofthe value ofthe independent advice of Boards, Committees and Commissions to the public decson-maxngproces, members of Council shall refrain from using their position to unduly influence the deliberations or outcomes of Board,  Committee and Commission proceedings.  16. Positive Work Place Environment. Members shall support the maintenance of a positive and constructive work place environment for Boroughe employees and for citizens and businesses dealing with the Borough. Members shall recognize their special role in dealings with Borough employees to ini no way create the  perception of inappropriate supervising of staff.  B.  CONDUCTGUIDEUNES  The Conduct Guidelines are designed to describe the manner in which elected and appointed officials should treat one another, Borough staff, constituents, and others they come into contact with while representing the  Indiana Borough. 1.  Elected and Appointed Officials' Conduct with Each Other in Public Meetings  Elected and appointed officials are individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve and protect the present and thet future of the community. In all cases, this common goal should be  acknowledged even though individuals may not agree on every issue. (a) Honor the role of the chairi in maintaining order  Itis the responsibility of the chair to keep the comments of members on track during public meetings. Members should honor efforts by the chair to focus discussion on current agenda items. Ift there is disagreement about the agenda or the chair's actions, those objections should be voiced politely and with reason, following procedures outlined in parliamentary procedure.    (b) Practice civility and decorum in discussions and debate  Difficult questions, tough challenges to a particular point of view, and criticism ofi ideas and information are legitimate elements of debate bya a free democracy ina action. Free debate does not require nor justify, belligerent, personal, impertinent, slanderous, threatening, abusive, or  disparaging comments.  (c) Avoid personal comments that could offend other members  Ifamember is personally offended by the remarks of another member, the offended member should make notes oft the actual words used and call for a' "point of personal privilege" that challenges the other member toj justify or apologize for the language used. The chair will maintain control of this  discussion.  (d) Demonstrate effective problem-solving approaches  Members havep publicstage andhave the responsibilityto show howindividuals withdisparate points of view cantinacommonground and seek a compromise that benefitsthe community: as a  whole.  2.  Elected and Appointed Officials' Conduct with the Public in Public Meetings  Making the publicfeelwelcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of theindividual members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to  public testimony.  (a) Be welcoming to speakers and treat them with care and gentleness.  While questions of clarification may be asked, the official's primary role during public testimony is  tol listen.  (b) Bej fair and equitable in a/locating public hearing time toi individual speakers.  The chair will determine and announce limits on speakers ati the start oft the public hearing process. Itis disconcerting to speakers to have members not look ati them when they are speaking. Iti is fine tol look down at documents or to make notes but reading for al long period of time or gazing around the room, gives the appearance of disinterest. Members shall try to be conscious of facial expressions and avoid those that could be interpreted as' "smirking," disbelief, anger or boredom. Members of the public deserve an opportunity to influence the thinking of elected and  (c)  Practice active listening  (d)  Maintain an open mind appointed officials.  (e) Askj for clarification, but avoid debate and argument with the public  Only the chair- noti individual members - can interrupt a speaker during a presentation. However, a member can ask the chair for a point of order ift the speaker is off thet topic or    exhibiting behavior or language the member finds disturbing.  3.  Elected and Appointed Officials' Conduct with Borough Staff  Governance of a Borough relies ont the cooperative efforts of elected officials, who set policy, appointed officials who advise the elected, andl Borough staff who implement anda administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the  contributions made by each individual for the good of the community.  (a) Treat all staffa fasprofessionals  Clear, honest communication that respects the abilities, experience, and dignity ofe each individual is  expected. Poor behavior towards staff is not acceptable.  (b) Dor not disrupt Borough stafffi from theirjobs  Elected and appointed officials should not disrupt Borough staff while they are in meetings, ont the phone, or engrossed in performing their job functions in order to have their individual needs met. Do not attend Borough staff meetings unless requested by staff- even if the elected or appointed official does not say anything, his or her presence implies support, shows partiality, may  intimidate staff, and hampers staff's ability to do their job objectively.  (c) Never publicly criticize an indivdudlemployee  Elected and appointed officials should never express concerns about the performance ofa Borough employee inj public, toi the employee directly, or to the employee's manager. Comments about staff performance should only be made to the Borough Manager through private correspondence or conversation. Appointed officials should make their comments regarding staff to the Borough Manager or the President. Personnel matters should be discussed by Council onlyi in executive  sessions.  (d) Dor not solicit politicals support from staff  Borough staff may, as private citizens with constitutional rights, support political candidates buta all  such activities must be done away from the workplace.  (e) No Attorney-Client Relationship  Members shall not seek to establish an attorney-client relationship with the Borough Attorney, including his or her staff and attorneys contracted to work on behalf of the Borough. The Borough Attorney represents the Borough and not individual members. Members who consult with the Borough Attorney cannot enjoy or establish an attorney-client relationship with the attorney.    4.  Council Conduct with Boards, Committees and Commissions  Thel Boroughl has established several Boards, Committeesa andCommissions asar means of gatheringmore communityi input. Citizens who serve on Boards, Committees and Commissions become more involvedi in government and serve as advisors to the Borough Council. They are a valuable resource toi the Borough's (a) ifattending a Board, Committee or Commission meeting, be careful to only express personal  leadership and should be treated with appreciation and respect.  opinions  Council members may attend any Board,Committee or Commission meeting, whichare always openi to any member oft the public. However, they: should be sensitive tot the way their participation especially ifi it is on behalf of ani individual, business or developer - could be Viewedasunfairly affectingthe process. Avpbicommensb.camdimemberatabond, Committee or Commission meeting should be clearly made as individual opinion and not a representationofthe  feelings oft the entire Borough Council.  (b) Limit contact with Board, Committee and Commission members to questions of clarification  Itisi inappropriate for a Council member to contact a Board, Committee or Commission member to lobby on behalf of an individual, business, or developer, and vice versa. Iti is acceptable for Council members to contact Board, Committee or Commission members in order to clarify a position taken  by the Board, Committee or Commission.  (c) Respect that Boards, Committees and Commissions serve the community, not individual Council  members  The Borough Council appoints individuals to serve on Board, Committees and Commissions, andi iti is the responsibility of Boards, Committees and Commissions to follow policy established by the Council. But Board, Committee and Commission members do not report to individual Council members, nor: should Council members feel they have the power or right to threaten Board, Committee and Appointment and re-appointment to Board, Committee or Commission should be based on such criteria as expertise, ability to work with: staff andi the public, and commitment to fulfilling official duties. A Board, Committee or Commission appointment should not be used as a  Commission members with removal if they disagree about an issue.  political "reward."  (d) Ber respectfuld of diverse opinions  Al primary role of Boards, Committees and Commissions is to represent many points of view in the community and to provide the Council with advice based on full spectrum of concerns and perspectives. Council members may have a closer workingr relationship with some individuals serving on Boards, Committees and Commissions, but must bei fair and respectful of all citizens  serving on Boards, Committees and Commissions. (e) Keep politicalsupport away from publicforums  Board, Committee and Commission members mayo oferpuiticalsupporttoa a Council member, but    not in a public forum while conducting official duties. Conversely, Council members may support Board, Committee and Commission members who are running for office, but noti ina an  official forum int their capacity as a Council member.  C.  SANCTIONS  (a) Acknowledgement ofCode of Ethics andConduct  Council members, upon taking office, should sign an acknowledgement that they have read and understand this Code of Ethics and Conduct and pledge to comply with its provisions to the best of theirability. Refusal to do 5O willr render the memberineligible fori intergovernmentalassignments or  appointments as a Committee Chairperson.  (b) Behavior and Conduct  The Indiana Borough Code of Ethics and Conduct expresses standards of ethical conduct expected for members of the Borough Council, Boards, Committees and Commissions. The chairs of Boards, Committees and Commissions and the President and Council have the responsibility to intervene when actions of a member appear to be in violation oft the Code of Ethics  and Conduct. Council Members:  Council members who intentionally and repeatedly do not follow proper conduct may be reprimanded or formally censured by the Council, lose committee assignments or other Individual Council members should point out tot the offending Council member perceived infractionsofthe Code of EthicsandConduct. Ifthe offensescontinue, then the matter should be referred to the President for action. If the President is the individual whose behavior is being questioned, then the matter should be referred to the Vice President of Council. Itisthe responsibilityof the President (or Vice President) to initiate action ifa Council member's behavior may warrant sanction. noactionistakenbythe President (or Vice President), then alleged  privileges afforded by the Council.  violations(s) can be brought up by any member for review by Council.  Board, Committee and Commission Members:  Counseling, verbal reprimands and written warnings may be administered by the President to Board, Committee and Commission members failing to comply with Borough policy if directed by a majority  of Council to do sO. IMPLEMENTATION  CI.  The Code of Ethics and Conduct is intended to be self-enforcing andi is an expression of the standards of conduct for members expected by the Borough. It therefore becomes most effective when members are thoroughly familiar Fort this reason, this document shall bei included in the regular orientation of new members on Borough Council, Boards, and Commissions. Membersentering: office shall sign a statement (example below)acknowledging they  with it and embrace its provisions.    have read and understand the Code. Ina addition, the Code of Ethics and Conduct shall be periodically reviewed by  the Borough Council, Boards, Committees and Commissions, and updated as necessary.  EXAMPLE:  laffirm thatlhave read and understand the Borough of Indiana Code of Ethics and Conduct for Elected and Appointed  Officials and will, tot the best ofi my ability, comply withi its guidance.  1-22-22 Date  AQRep  Signature