3101 - Adverse interest in contracts for purchase or services.
CHAPTER 31 GENERAL PROVISIONS COMMON TO OPTIONAL PLANS Subchapter A. Officers and Employees B. Treasurer C. Appointment Power and Personnel D. Filling Vacancies in Elected Office E. Legislation by Council F. Audit and Control G. Transition to Optional Plan Government H. Repeal of Optional Plan Enactment. Chapter 31 was added December 19, 1996, P.L.1158, No.177, effective in 60 days. Cross References. Chapter 31 is referred to in section 3001 of this title. SUBCHAPTER A OFFICERS AND EMPLOYEES Sec. 3101. Adverse interest in contracts for purchase or services. 3102. Acceptance of services at more favorable terms. 3103. Gift or promise of thing of value to influence political support. 3104. Refusal or failure to appear or testify before court. Cross References. Subchapter A is referred to in sections 3031, 3041, 3051, 3071, 3091, 3095 of this title. § 3101. Adverse interest in contracts for purchase or services. (a) General rule.--If a municipal officer or official elected or appointed knows or by the exercise of reasonable diligence should know that he is interested to any appreciable degree, either directly or indirectly, in any contract for the sale or furnishing of any personal property for the use of the municipality or for any services to be rendered for the municipality involving the expenditure of more than $300 in any year, he shall notify council. Any such contract shall not be passed and approved by council except by an affirmative vote of at least three-fourths of the members. If the interested officer is a member of council, he shall refrain from voting upon the contract. (b) Exception.--This section does not apply to cases where the officer or official is an employee of the person, firm or corporation to which money is to be paid in a capacity with no possible influence on the transaction and in which he cannot possibly be benefited either financially or in any other material manner. (c) Penalties.--Any officer or official who knowingly violates this section shall be liable to the municipality upon his bond, if any, or personally, to the extent of the damage shown to be sustained by the municipality, and to ouster from office and commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine not exceeding $500, or imprisonment not exceeding one year, or both.