The following shall constitute violations of this section:
(A) Improper use of township personnel and property. No public servant shall employ or use any person under his or her official control or direction for the personal benefit, gain or profit of the public servant or other. No public servant shall use township-owned vehicles, equipment, materials, money or property for personal or private convenience or personal gain. Nothing herein shall prohibit the use of township equipment or motor vehicles by public servants in accordance with written policies established by the Township Board, the Township Supervisor, or the department head concerned, nor shall this chapter be deemed to prohibit private use of surplus township property legally disposed of by the township or its departments in compliance with established procedures.
(B) Beneficial interest in business transaction or participation in a contract. No public servant shall participate or benefit from (monetarily or personally) in his or her capacity as a public servant in the making of a contract in which he or she has a financial interest, direct or indirect, or perform in regard to a contract some function which requires the exercise of discretion on behalf of the township. No public servant shall participate in contracts, loans, grants, rate-fixing or issuing permits involving a business in which he or she has a substantial interest; however this provision shall not apply in the following circumstances:
(1) Contracting with the township where:
(a) The contract is awarded pursuant to sealed bids;
(b) The public servant is not involved directly or indirectly or otherwise refrains from participation in the decision on the award of the contract; and
(c) The Township Board, after reviewing the circumstances, determines the award of the contract would be in the best interest of the township.
(2) Where the interest of the public servant in the business involves the holding of less than 1% of the securities in a publicly traded business or less than 5% of privately or closely held business and where the public servant will not have any involvement in the transaction on behalf of the contracting business.
(C) Community Development Block Grant (CDBG) activities.
(1) No public servant having any responsibility or decisionmaking authority related to Community Development Block Grant activities may obtain any financial interest in, or benefit financially from any CDBG assisted activity.
(2) No public servant of the township shall participate in the selection, award or administration of any contract supported by federal funding where the public servant, or any member of his or her immediate family has a financial or other interest in any business selected or considered for selection to provide supplies, equipment, construction or services.
(Ord. 12-195, passed 1-20-2012) Penalty, see § 37.99