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An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending article 1013 of the Administrative Code, which is known as the “Accountability, Conduct and Ethics Code of Allegheny County” in order supplement the provisions pertaining to political activity as set forth in section 5-1013.09o to clarify the term “public employee” as set forth in section 5-1013.03 thereof and provide additional definitions to section 5-1013.03.
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WHEREAS, by Ordinance No. 35-01 the County of Allegheny on April 3, 2001 adopted the Accountability, Conduct and Ethics Code, §5-1013.01, et seq. (hereinafter, the “Ethics Code”); and
WHEREAS, a stated purpose of the Ethics Code is: “Allegheny County's elected and chief appointed officials set the ethical tone and environment that will prevail in the County. It is the special obligation of these officials to set the example of proper comportment [and] to communicate to all County personnel the ethical conduct, that is expected”…Ethics Code, §5-1013.02 B; and
WHEREAS, pursuant to §5-1013-09 A (1) of the Ethics Code, all “covered persons”, including all County employees are to “dedicate themselves to the highest ideals of honor and integrity in all public relationships in order to merit the respect and confidence of the public; and
WHEREAS, recent petition efforts to cause a public referendum concerning the consolidation of the Allegheny County Police under the Sheriff have demonstrated that there is confusion and uncertainty as to the standard of conduct required of County employees under the Ethics Code with respect to political activity; and
WHEREAS, as a consequence, it has been found that considerable tension and friction arose between members of the County Police and the Sheriff's Office, which in turn is found to have impaired the morale of these employees as well as their ability to work with each other; and
WHEREAS, the foregoing undermines the respect and confidence of the public in County government; and
WHEREAS, the Council of Allegheny County has determined, by this Ordinance, to give direction to all County employees and other covered persons under the Ethics Code, specification as to the extent of permitted political activity thereunder consistent with Council's duty pursuant to §5-1013.02 of the Ethics Code to communicate to all County personnel the conduct that is expected of them; and
WHEREAS, in so doing, Council intends to foster the highest ideals of honor and integrity in all public relationship in order to merit the respect and confidence of the public in keeping with Section 5-1013.09 of the Ethics Code.
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. INCORPORATION OF PREAMBLE
The provisions set forth in the preamble to this Ordinance are incorporated by
reference in their entirety herein.
SECTION 2. AMENDMENT AND RESTATEMENT OF SECTION 1013.09O OF THE ETHICS CODE
Section 5-1013.09O of the Ethics Code is amended and restated as follows:
Political Activity
No covered person shall use the authority or influence of his or her office for the purpose of interfering with or affecting the result of an election.
No employee shall take an active part in political management or in a political campaign. Additionally, the following activities are prohibited:
Serving as an officer of a political party, a member of a National, State or local committee of a political party or an officer or member of a committee of a partisan political club, or being a candidate for any of these positions.
Organizing or reorganizing a political party organization or political club.
Directly or indirectly soliciting, receiving, collecting, handling, disbursing or accounting for assessments, contributions or other funds for a partisan political purpose.
Organizing, selling tickets to, promoting or actively participating in a fund-raising activity of a candidate in a partisan election or of a political party, or political club.
Taking an active part in managing the political campaign of a candidate for public office in a partisan election or a candidate for political party office.
Becoming a candidate for, or campaigning for, an elective public office in a partisan election.
Soliciting votes in support of or in opposition to a candidate for public office in a partisan election or a candidate for political party office.
Acting as recorder, watcher, challenger or similar officer at the polls on behalf of a political party or a candidate in a partisan election.
Driving voters to the polls on behalf of a political party or a candidate in a partisan election.
Endorsing or opposing a candidate for public office in a partisan election or a candidate for political party office in a political advertisement, a broadcast, campaign, literature or similar material.
Serving as a delegate, alternate or proxy to a political party convention.
Addressing a convention, caucus, rally or similar gathering of a political party in support of or in opposition to a partisan candidate for public office or political party office.
Initiating or circulating a partisan nominating petition or a petition which purports to change the authority, powers or duties of any or all of the County Officers or County Officials.
Soliciting, paying, collecting or receiving a contribution at or in the workplace from any employee for any political party, political fund or other partisan recipient.
Paying a contribution at or in the workplace to any employee who is the employer or employing authority or the person making the contribution for any political party, political fund or other partisan recipient.
An employee or individual to whom paragraph (1) or (2) applies retains the right to vote and to express an opinion on political subjects and candidates, and may engage in the following activities:
Register and vote in any election.
Express an opinion as an individual privately and publicly on political subjects and candidates.
Display a political picture, sticker, badge or button when not on duty and at locations other than the workplace or on County vehicles.
Participate in the nonpartisan activities of a civic, community, social, labor or professional organization, or of a similar organization.
Be a member of a political party or other political organization or club and participate in its activities to the extent consistent with this section.
Attend a political convention, rally, fund-raising function or other political gathering.
Serve as a union officer and/or conduct union activities, except as limited by the provisions of the Ethics Code, any applicable collective bargaining agreement, or by law.
Sign a political petition as an individual.
Make a financial contribution to a political party or organization.
Except as set forth in paragraph (2)(m) above, be politically active in connection with a question which is not specifically identified with a political party, such as a constitutional amendment, referendum, approval of a municipal ordinance or any other question or issue of a similar character.
Otherwise participate fully in public affairs, except as prohibited by law, in a manner which does not materially compromise efficiency or integrity as an employee or the neutrality efficiency or integrity of the County or any County agency.
Except for union officers in the normal conduct of union activities, an employee may not participate in the political activities set forth in paragraph (3) above:
During working hours;
While he or she is wearing a uniform, badge, insignia or other similar item that identifies the County or the employing office, department or function thereof, or the position of the employee;
While he or she is in any County workplace or any other room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof; or
While using a County-owned vehicle or while using a privately owned vehicle in the discharge of employment-related duties.
Notwithstanding anything in this subsection O or any other provision of the Ethics Code to the contrary, no person shall be deemed ineligible for the office of school director solely on the basis that such person is an employee of the County.
County Council members are prohibited from being directly employed in a paid capacity, by another elected officio in local, state or federal government.
SECTION 3. AMENDMENT OF THE DEFINITION OF PUBLIC EMPLOYEE PURSUANT TO SECTION 1013.03 OF THE ETHICS CODE
The definition of Public Employee set forth in Section 5-1013.03 of the Ethics Code is amended by adding the following thereto:
Notwithstanding the foregoing, the term Public Employee shall, for purposes of Section 5-1013.09O concerning political activity, mean any individual employed by the County. Further, the term “Public Employee” is used interchangeably with the term “County Employee” or “employee” in the Ethics Code.
SECTION 4. ADDITIONAL DEFINITIONS TO BE INCLUDED IN SECTION 1013.03 OF THE ETHICS CODE
The following definitions shall be made a part of Section 5-1013.03 of the Ethics Code.
“Contribution” means any gift, subscription, loan, advance, deposit of money, allotment of money or anything of value given or transferred by one person to another including in cash, by check, by draft, through a payroll deduction or allotment plan, or by pledge or promise, whether or not enforceable or otherwise.
“Election” means a primary, municipal, special and general election.
“Partisan” when used as an adjective refers to a political party.
“Political activity” means an activity directed toward the success or failure of a political party, candidate for partisan political office, partisan political group, partisan County-related referendum or partisan County-related agenda initiative. “Political activity” expressly includes but is not limited to the activities identified in paragraphs (2) and (3) above.
SECTION 5. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 6. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.