§ 2.90.190. Remedies.

A.

The borough clerk or deputy borough clerk who violates this chapter shall be disciplined by a majority vote of the assembly. In determining an appropriate remedy, the assembly may be guided by the provisions of KPB 2.90.190(B)-(C). Depending on the violation, disciplinary action may include termination.

B.

The mayor or a member of the assembly who violates this chapter shall be subject to one or more of the following:

1.

Public censure by the assembly.

2.

A civil fine of not more than $1,000 for each violation of any of the subsections of KPB 2.90.030-.040 and 2.90.080(B). If a public official has violated more than one subsection of KPB 2.90.030-.040 and 2.90.080(B), the civil penalty may not exceed $10,000 in the aggregate.

C.

An assembly member who voted after the assembly president or assembly determined, after full and complete disclosure, that the assembly member did not have a financial interest shall not be subject to such penalties.

D.

A penalty imposed under this section is in addition to and not in lieu of any other penalty that may be imposed according to law. To the extent that violations under this code are punishable in a criminal action, that sanction is in addition to the civil remedies set out in this chapter.

E.

The assembly may, upon notice of a violation by a public official, take any of the following actions:

1.

Void any action of the assembly materially and substantially connected to a violation of this chapter.

a.

In determining whether to void a grant, contract, or lease, the interest of third parties who may be damaged and the nature of the violation may be taken into account. The assembly shall give notice of intent to void a borough grant, contract, or lease under this section no later than 30 days after the hearing officer files its findings of facts and conclusions of law.

2.

Require that any loan received from the borough in violation of this chapter shall be immediately due and payable.

3.

Direct the borough attorney to pursue any other remedies available at law or in equity.

(Ord. No. 2010-10, § 1, 4-20-10)