[HISTORY: Adopted by the Town Council of the Township of Hardyston
3-7-2000 by Ord. No. 2000-4. Amendments noted where applicable.]
The title of this chapter is "An ordinance banning the use of government
buildings and government equipment for political fund-raising."
A.Â
Political contributions have a profound impact on government
decision-making.
B.Â
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;
C.Â
A 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.
D.Â
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.
E.Â
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 a 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 assumptions 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.
This municipality and any officer, department, board, commission
or agency thereof.
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.
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 committees."
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 the same
is defined herein.
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.
Prohibited forms of fund-raising shall include but are not limited to:
A.Â
Soliciting or accepting contributions using municipal
telephones, fax machines or computers.
B.Â
Soliciting or accepting contributions using personal
telephones while on the property of the municipality.
C.Â
Soliciting or accepting contributions through the use
of publicly owned computers or privately owned personal computers while on
the property of the municipality.
D.Â
Using municipal letterhead to solicit or accept contributions.
E.Â
Sending correspondence from municipal buildings or by
use of municipal services, equipment or postage.
F.Â
Face-to-face soliciting of an individual or an owner
or representative of a business entity while on the property of the municipality.
G.Â
Use of automobiles owned or leased by the municipality
to accept or solicit contributions.
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 prosecutor and the Township Manager who shall report
same to the governing body.
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 a fine not exceeding $1,000.
