For the purposes of this Code of Ethics, the following terms shall have the following definitions. All other words and phrases shall have their normal meaning unless further defined herein:
APPEARANCE OF IMPROPRIETY — The perception that wrongdoing or misconduct may have occurred. When a reasonable person could reasonably believe that improper actions have taken or are taking place.
BOARD — The Board of Ethics of the City of Reading.
CANDIDATE — An individual who files nomination papers or petitions for City-elected office or who publicly announces his or her candidacy for City-elected office. [Amended 5-28-2013 by Ord. No. 28-2013]
CANDIDATE CAMPAIGN CONTRIBUTION — Money, gifts, forgiveness of debts, loans or things having a monetary value incurred or received by a candidate or his/her agent for use in advocating or influencing the election of the candidate. [Added 5-28-2013 by Ord. No. 28-2013]
CANDIDATE POLITICAL COMMITTEE — The one political committee used by a candidate to receive all contributions and make all expenditures. [Added 5-28-2013 by Ord. No. 28-2013]
CHARTER — City of Reading Home Rule Charter.
CITY — The City of Reading, Pennsylvania. [Added 5-28-2013 by Ord. No. 28-2013]
CITY-ELECTED OFFICE — The offices of Mayor, City Council and City Auditor. [Added 5-28-2013 by Ord. No. 28-2013]
CODE — City of Reading Code of Ethics.
CONFLICT OF INTEREST — Situation(s) or potential situation(s) in which a public official or employee uses or may use his/her office or employment for the private gain of himself/herself, a member of his/her immediate family or a business of any type with which he/she or a member of his/her immediate family has a material interest.
CONTRACT — An agreement or arrangement for the acquisition, use or disposal by the City or a City agency or instrumentality of consulting or other services or of supplies, materials, equipment, land or other personal or real property. This term shall not mean an agreement or arrangement between the City or City agency or instrumentality as one party and a City official or City employee as the other party, concerning his/her expense, reimbursement, salary, wage, retirement or other benefit, tenure or other matters in consideration of his/her current public employment with the City or a City agency or instrumentality. [Added 5-28-2013 by Ord. No. 28-2013]
CONTRIBUTION — Money, gifts, forgiveness of debts, loans or things having a monetary value incurred or received by a candidate or his/her agent for use in advocating or influencing the election or candidacy of the candidate. [Added 5-28-2013 by Ord. No. 28-2013]
COVERED ELECTION — Every primary, general, or special election for City-elected office. [Added 5-28-2013 by Ord. No. 28-2013]
ELECTED OFFICIAL — An official elected or appointed to fill a position normally filled by election.
EMPLOYEE — Any individual receiving salary or wages from the City of Reading. GIFT — [Added 5-28-2013 by Ord. No. 28-2013]
A. The term "gift" for the purposes of this code shall mean any gratuity, benefit, or any other thing of value, which is accepted by, paid for, or given to a City employee or City official, or by another individual or organization on behalf of a City employee or City official, either directly or indirectly, without consideration of equal or greater value.
B. This definition may include, by way of illustration and without limitation to, the following:
(1) Preferential rate or terms on a debt, loan, goods, or services, which rate is below the customary rate and is not either a government rate available to all other similarly situated government employees or officials or a rate which is available to similarly situated members of the public by virtue of occupation, affiliation, age, religion, sex, or national origin;
(2) Transportation, lodging or parking;
(3) Food or beverage, other than that consumed at a single sitting or event;
(4) Membership dues or admissions to cultural or athletic events, which exceed $250 per calendar year in the aggregate and $100 per calendar year from any single person, agent or other interested party; and/or
(5) Political contributions in excess of those limitations set forth hereinafter or in any other applicable laws or regulations, including, but not limited to, the Code of the City of Reading.
C. The term "gift" for purposes of this code shall explicitly exclude:
(1) Gifts from direct family members;
(2) Nonpecuniary awards publicly presented in recognition of public service;
(3) An occasional nonpecuniary gift of nominal value;
(4) Complimentary travel for official purposes; and/or
(5) Admissions to charitable, civic, political or other public events.
IMMEDIATE FAMILY — A parent, spouse, living partner, child, brother or sister, natural or adopted.
INDIVIDUAL — A person. [Added 5-28-2013 by Ord. No. 28-2013; amended 12-12-2016 by Ord. No. 65-2016]
MATERIAL INTEREST — Direct or indirect ownership of more than 5% of the total assets or capital stock of any business entity.
NO-BID CONTRACT — A contract (as defined herein), which is not awarded or entered into pursuant to an open and public process, in accordance with Pennsylvania law, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded related thereto. [Added 5-28-2013 by Ord. No. 28-2013]
OFFICER — Investigating officer appointed by the Board to oversee the investigative procedures on behalf of the Board. The investigating officer need not be a Board member and may be compensated as any other member of the staff.
OFFICIAL — Any elected or appointed paid or unpaid member of the government of the City of Reading, including without limitation members of any City boards, authorities, and commissions. [Amended 5-28-2013 by Ord. No. 28-2013]
ORGANIZATION — An individual, partnership, corporation, sole proprietorship, whether for- profit or not-for-profit, or any other form of business organization. [Added 5-28-2013 by Ord. No. 28-2013]
POLITICAL ACTIVITY — Any activity which promotes the candidacy of any individual seeking elective office, or the advocacy of any political party or position including, but not limited to, the circulation of election petitions and the sale or distribution of fund-raising items or tickets.
POLITICAL COMMITTEE — Any committee, club, association, political party, or other group of persons, which receives contributions or makes expenditures for the purpose of influencing the outcome of a covered election, including but not limited to: a) political action committees recognized under Section 527 of the Internal Revenue Code; and b) the candidate political committee of a candidate in a covered election. [Added 5-28-2013 by Ord. No. 28-2013]
POSTCANDIDACY CONTRIBUTION — A contribution made to a former candidate or political committee for use in retiring debt that was incurred to influence the outcome of a covered election, or for the purpose of defraying the cost of transition or inauguration of a candidate elected to City-elected office. [Added 5-28-2013 by Ord. No. 28-2013]
PRECANDIDACY CONTRIBUTION — A contribution made to a political committee that: a) has been transferred to, or otherwise becomes available for expenditure by, a candidate for City- elective office; and b) was made before such candidate became a candidate. [Added 5-28-2013 by Ord. No. 28-2013]
PRIVATE GAIN — Of personal benefit, whether economic, social, or otherwise.
VIOLATION — A violation is any activity that is restricted by the ethics provisions of the Charter and/or the code.