PRINTER'S NO. 1305
No. 1157 Session of 1987
INTRODUCED BY SHOWERS, J. L. WRIGHT, ROBBINS, BATTISTO, ITKIN,
CORRIGAN, YANDRISEVITS, BUNT, GEIST, MERRY, LESCOVITZ,
MRKONIC, VAN HORNE, BARLEY, COY, MELIO, JADLOWIEC, SAURMAN,
PHILLIPS, GODSHALL, HALUSKA, SEMMEL, VEON, DISTLER,
D. W. SNYDER, BALDWIN, BORTNER, TRELLO, NOYE AND SWEET,
APRIL 27, 1987
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 27, 1987
AN ACT
1 Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
2 "An act concerning townships of the first class; amending,
3 revising, consolidating, and changing the law relating
4 thereto," further prohibiting personal interest in contracts.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1811 of the act of June 24, 1931
8 (P.L.1206, No.331), known as The First Class Township Code,
9 reenacted and amended May 27, 1949 (P.L.1955, No.569), is
10 amended to read:
11 Section 1811. Penalty for Personal Interest in Contracts.--
12 Except as otherwise provided in this act, no township official,
13 either elected or appointed, who knows or who by the exercise of
14 reasonable diligence could know, shall be interested to any
15 appreciable degree, either directly or indirectly, in any
16 contract for the sale or furnishing of any supplies or materials
17 for the use of the township or for any work to be done for such
1 township involving the expenditure by the township of more than
2 [three hundred dollars] five hundred dollars in any year unless
3 the contract has been awarded through an open and public process
4 including prior public notice and subsequent public disclosure
5 in conformance with this article, but this limitation shall not
6 apply to cases where such officer or appointee of the township
7 is an employe of the person, firm or corporation to which the
8 money is to be paid in a capacity with no possible influence on
9 the transaction and in which he cannot be possibly benefited
10 thereby, either financially or otherwise. But in the case of a
11 commissioner, if he knows that he is within the exception just
12 mentioned, he shall so inform the commissioners and shall
13 refrain from voting on the expenditure or any ordinance relating
14 thereto and shall in no manner participate therein. Any official
15 or appointee who shall knowingly violate the provisions of this
16 section shall be subject to surcharge to the extent of the
17 damage shown to be thereby sustained by the township, to ouster
18 from office, and shall be guilty of a misdemeanor, and, upon
19 conviction thereof, shall be sentenced to pay a fine not
20 exceeding five hundred dollars.
21 Section 2. This act shall take effect immediately.
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