[Adopted 6-5-2000 by Ord. No 1219]
An ordinance banning the use of government buildings and equipment for
political fund-raising.
Whereas, our laws in New Jersey do not presently ban solicitation or
acceptance of political contributions by public office holders and employees
while in any room or building occupied in the discharge of official duties;
whereas, solicitation and acceptance of political contributions in rooms and
buildings occupied in the discharge of official duties threatens the independence
of public employees, undermine the efficiency of government by taking officials
and employees away from the people's business and leads to the appearance
of improper influence of political contributions on government functions;
whereas, prohibiting the solicitation and acceptance of political contributions
in rooms and buildings occupied in the discharge of official duties will address
these harms and leave open ample alternative venues for political fund-raising;
whereas, our laws in New Jersey do not presently recognize the misuse of public
property for political fund-raising as a district offense; therefore, it is
accordingly found and determined that the municipality's interest in
an independent and efficient government workforce and a government that is
undermined by neither the fact nor appearance of improper influence of political
contributions on government decisions require the prohibition of political
fund-raising in rooms or buildings occupied in the discharge of official duties
or through the use of public property.
As used in this article, the following terms shall have the meanings
indicated:
The term "candidate" means any individual seeking election to a public
office of the federal, state, county or municipal government, or school district
or political party, and any individual who shall have been elected or failed
of election to any such office.
The term "municipal official, employee and appointee" means 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- or part-time, compensated or uncompensated,
and any employee of municipal government or of any municipal agency, commission,
board or office thereof, whether the position is full-time or part-time.
The term "municipality" means the government of the municipality,
including any officer, department, board, commission or agency thereof.
The term "political contribution means any loans and transfers of
money or other things of value to or by any candidate, elected official or
political organization, or other commitments or assumptions of liability to
make any such transfer. Political contributions shall be deemed to have been
made upon the date when such commitment is made or liability assumed.
The term "political organization" means any two or more persons acting
jointly, or any corporation, partnership or 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 or political party office. Political organization includes,
but is not limited to, organizations defined in N.J.S.A. 19:44A-3 as a "political
committee," "joint candidates committee," "continuing political committee,"
"political party committee," "candidate committee" or "legislative leadership
committee."
The term "public property" means all personal property owned, leased
or controlled by the municipal government, including but not limited to vehicles,
phones, fax machines, computers, stationery, including municipal letterhead,
postage and other office equipment.
The term "solicit" means to ask for by oral or written communication,
a contribution as that term is defined herein.
A.Â
Prohibition against soliciting or accepting political
contribution in rooms or buildings occupied in the discharge of public duties.
No municipal official, employee or appointee may solicit, commit to pay or
receive payment of or a commitment to pay any political contribution for any
candidate, elected official or political organization while in any room or
building occupied in the discharge of official duties. This section shall
include solicitation or acceptance of political contributions made over the
telephone or by use of a computer, including private telephones and computers,
if the person soliciting or accepting the political contribution, or using
the telephone or computer for purposes of soliciting or accepting the political
contribution, is in any room or building occupied in the discharge of official
duties.
B.Â
Prohibition against use of public property for political
fund-raising. No municipal official, employee or appointee may solicit, commit
to pay, or receive payment of or a commitment to pay any political contribution
for any candidate, elected official or political organization while utilizing
public property. This section shall not be construed to prohibit de minimus
use of public property such as a government-owned or leased car, outside of
rooms or buildings occupied in the discharge of public duties, in connection
with political fund-raising, if the public property is not used in such way
as to convey to a reasonable observer that the fund-raising activity is officially
authorized or endorsed.
Violation of any provision of this article 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.
