§ 21.11-1110. Financial Interest in Matters Involving the Township.

 Any elected or appointed official or employee of the Township, and any member or employee of a citizens’ group, who has a direct or indirect financial interest in any matter requiring decision by any of the foregoing, whether that interest be as an employee, a principal, a partner, a stockholder (except where such interest is in the nature of minimal stock holding in a public corporation), or otherwise, shall not participate in nor directly or indirectly seek to influence the making of such decision.

 Whenever the Manager or any member of the Board is aware that he has such an interest, he shall disclose that fact at the Board meeting next following his becoming aware of it. In no event shall the Township enter into any contract with any Board member, the Manager, or any entity in which either has a direct or indirect financial interest as described above, if such contract is of the nature described in §   21.12-1207C5 or C6, or, in the case of the Manager only, as described in §  21.12-1207C2.

   Commentary: : A Commissioner is prohibited from participating in a matter in which he has a financial interest or in seeking to influence a decision thereon to be made by another Township official. In addition he is required to disclose publicly his interest so that the general public can make a judgment as to whether his fellow Board members have been affected by their knowledge of his interest. Finally a Commissioner cannot participate in a professional service or insurance contract with the Township. The GSC determined not to prohibit other contracts in which a Commissioner may have financial interest since in most such cases competitive bidding will protect the Township’s interest and in other cases such a prohibition might deprive the Board of a proper bargain. ‘‘Direct or indirect financial interest’’ is to be broadly defined and would include one retained as a consultant, or who would receive a finder’s fee or a commission in connection with a transaction. ‘‘Direct or indirect financial interest’’ does not include such interests as might be common to all or a group of Township residents, e.g., a utility rate increase, a zoning change not of the official’s property, but in the immediate neighborhood.

   This section cited in 346 Pa. Code §  21.4-406 (relating to minutes); 346 Pa. Code §  21.11-1113 (relating to penalties); and 346 Pa. Code §  21.13-1303 (relating to operation).