[HISTORY: Adopted by the Borough Council of the Borough of Carteret
9-2-1999 by Ord. No. 99-28. Amendments noted where applicable.]
This chapter shall be known as an "Ordinance Banning the Use of Government
Buildings and Government Equipment for Political Fund-raising."
Whereas, political contributions have a profound impact on government
decision making; and whereas, our laws in New Jersey do not presently ban
solicitation or acceptance of contribution by public office holders and employees
while on public property or by use of public facilities; and whereas, conflict
may arise between the business of political fund-raising and the business
of government in town hall and other government-owned premises, and this may
cause a distraction from the people's business; and whereas, the most appropriate
method to prevent this conflict and to ensure the integrity of government
decisions is the prohibition of political fund-raising on or by use of public
property; therefore, it is accordingly found and determined that the paramount
public interest in a clean and accountable government requires the prohibition
of political fund-raising on public property or by use of public facilities.
As used in this chapter, the following terms shall have the meanings
indicated:
Any individual seeking election to public office of the federal government,
state, county, municipality, school district or political organization at
an election.
Includes all loans and transfers of money or other thing of value
to or by any candidate, elected official or political organization and all
pledges or other commitments or assumption of liability to make any such transfer.
Contributions shall be deemed to have been made upon the date when such commitment
is made or liability assumed.
Any person holding elective municipal office or holding an appointed
position in the municipal government, or in any agency, commission, board
or office thereof, whether the position is full time or part time, compensated
or uncompensated; and any employee of municipal government or in any agency,
commission, board or office thereof, whether the position is full-time or
part-time.
This municipality and any officer, department, board, commission
or agency thereof.
Any two or more persons acting jointly, or any corporation, partnership
or any other incorporated or unincorporated association which is organized
to, or does, aid or promote the nomination, election or defeat of any candidate
or candidates for federal, state, county, municipal or school board office.
Political organization includes, but is not limited to, organizations otherwise
defined as "political committee," "joint candidates committee" and "legislative
leadership committee."
Buildings, land, vehicles, phones, fax machines, computers or other
office equipment or supplies and other real or personal property owned, leased
or controlled by the municipality, except for public roads and open park land.
To seek by oral or written communication a contribution as same is
defined herein.
A.
Prohibition against soliciting or accepting political
contributions on public property. No municipal official, employee or appointee
may solicit, commit to pay or receive payment of or a commitment to pay any
contribution for any candidate, elected official or political organization
while in or on the property of the municipality or utilizing the property
of the municipality.
B.
Prohibited forms of fund-raising. Prohibited forms of
fund-raising shall include but are not limited to:
(1)
Soliciting or accepting contributions using municipal
telephones, fax machines or computers.
(2)
Soliciting or accepting contributions using personal
telephones while on the property of the municipality.
(3)
Soliciting or accepting contributions through the use
of publicly owned computers or privately owned personal computers while on
the property of the municipality.
(4)
Using municipal letterhead to solicit or accept contributions.
(5)
Sending correspondence from municipal buildings or by
use of municipal services, equipment or postage.
(6)
Face-to-face soliciting of an individual or an owner
or representative of a business entity while on the property of the municipality.
(7)
Use of automobiles owned or leased by the municipality
to accept or solicit contributions.
C.
Reporting requirements. It shall be the responsibility
of any employee, appointed, or elected official who observes any prohibited
forms of fund-raising to report such conduct to the municipal ethics board,
if one exists or, in the alternative, to the Municipal Prosecutor and the
Municipal Clerk who shall report same to the governing body.
D.
Whistleblower provision. It shall be unlawful for any
employee, elected official or appointee to be dismissed, reprimanded, retaliated
against or otherwise intimidated for complying with the reporting requirements
mandated by this chapter.
Violation of any provision of this chapter shall be punished by a period
of community service not exceeding 90 days or imprisonment in the county jail
for a term not exceeding 90 days or a fine not exceeding $1,000.
