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Code of conduct - 74 Pa. Cons. Stat. § 8204Legal Research Home > Pennsylvania Statutes
§ 8204. Code of conduct.
(a) Contents.--The commission shall adopt a comprehensive
code of conduct within 90 days of the effective date of this
section. The code of conduct shall supplement all other
requirements under this chapter and shall provide guidelines
applicable to members and executive-level employees and the
immediate families of the members and executive-level employees
to enable them to avoid any perceived or actual conflict of
interest and to promote public confidence in the integrity and
impartiality of the commission. At a minimum, the code of
conduct adopted under this section shall provide that:
(1) No member or executive-level employee may accept any
discount, gift, gratuity, compensation, travel, lodging or
other thing of value, in excess of the limits under 65
Pa.C.S. § 1105(b)(6) and (7) (relating to statement of
financial interests) directly or indirectly, from any
facility or business with which the commission has a
contractual relationship.
(2) Members and executive-level employees shall refrain
from any financial or business dealing which would affect the
member's objectivity, impartiality or independence of
judgment.
(3) (i) No member or executive-level employee may use
the promise of business with the commission to solicit
funds for any charitable, educational, religious, health,
fraternal, civic or other nonprofit entity.
(ii) A member or executive-level employee may serve
as an officer, employee or member of the governing body
of a nonprofit entity and may attend, make personal
contributions to and plan or preside over the entity's
fundraising events.
(iii) A member or executive-level employee may
permit his name to appear on the letterhead used for
fundraising events if the letterhead contains only the
member's name and position with the nonprofit entity.
(4) No member or executive-level employee nor the
immediate family of such person shall participate in any
deliberations or vote of the commission in which that person
may have a direct or indirect pecuniary interest.
(5) (i) A member shall abstain from any vote or
decision which authorizes a contract in which the member
has any pecuniary interest. The member shall disclose the
interest in a public meeting prior to the vote or
decision.
(ii) Failure to comply with this paragraph shall
make the contract null and void.
(6) No former member or executive-level employee may
receive any pecuniary benefit from a contract between the
commission and the employer of the former member or
executive-level employee for a period of one year from the
termination of employment or service with the commission. No
former member or executive-level employee may solicit any
contracts with the commission for a period of one year from
the termination of employment or service with the commission.
(7) A member of the commission who has been convicted
during his term in any domestic or foreign jurisdiction of a
felony shall, upon conviction, be automatically removed from
the commission and shall be ineligible to become a commission
member in the future.
(8) No member may solicit, request, suggest or recommend
the employment, by either the commission or a contractor with
the commission, of any individual related within the first
degree of consanguinity to the member as set forth in 23
Pa.C.S. § 1304(e) (relating to restrictions on issuance of
license) or the spouse of the individual.
(b) Audit.--
(1) At least once every four years, the Department of
the Auditor General shall review the performance, procedures,
operating budget, capital budget and debt of the commission
and shall audit the accounts of the commission.
(2) The Auditor General shall be entitled to go beyond
mere financial statements and shall be entitled to examine
original source documents at such time as is believed
necessary or may otherwise examine original documents on a
random basis designed to ensure the integrity of the audit.
(3) The provisions of section 706(d) of the act of April
9, 1929 (P.L.177, No.175), known as The Administrative Code
of 1929, shall apply to any audit conducted under this
subsection.
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Last modified: November 27, 2007 |
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