PRINTER'S NO. 1304
No. 1156 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 AND SWEET, APRIL 27, 1987
REFERRED TO COMMITTEE ON URBAN AFFAIRS, APRIL 27, 1987
AN ACT
1 Amending the act of June 23, 1931 (P.L.932, No.317), entitled
2 "An act relating to cities of the third class; and amending,
3 revising, and consolidating the law relating thereto,"
4 further prohibiting personal interest in contracts.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 1905 of the act of June 23, 1931
8 (P.L.932, No.317), known as The Third Class City Code, reenacted
9 and amended June 28, 1951 (P.L.662, No.164), is amended to read:
10 Section 1905. Personal Interest in Contracts.--In any case
11 where a city officer or official elected or appointed knows or
12 by the exercise of reasonable diligence could know that he is
13 interested to any appreciable degree, either directly or
14 indirectly, in any contract for the sale or furnishing of any
15 personal property for the use of the city, or for any services
16 to be rendered for such city, involving the expenditure by the
17 city of more than [three hundred dollars] five hundred dollars
1 in any year, he shall notify council thereof unless the contract
2 has been awarded through an open and public process, including
3 prior public notice and subsequent public disclosure in
4 conformance with this article; and any such contract shall not
5 be passed and approved by council except by an affirmative vote
6 of at least four members thereof. In case the interested officer
7 is a member of council, he shall refrain from voting upon said
8 contract. The provisions of this section shall not apply to
9 cases where such officer or official is an employe of the
10 person, firm or corporation to which money is to be paid in a
11 capacity with no possible influence on the transaction and in
12 which he cannot possibly be benefited thereby, either
13 financially or in any other material manner. Any officer or
14 official who shall knowingly violate the provisions of this
15 section shall be liable to the city upon his bond, if any, or
16 personally, to the extent of the damage shown to be sustained
17 thereby by the city, to ouster from office, and shall be guilty
18 of a misdemeanor; and upon conviction thereof, shall be
19 sentenced to pay a fine not exceeding five hundred dollars, or
20 imprisonment not exceeding one year, or both.
21 Section 2. This act shall take effect immediately.
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