[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park by Ord. No. 1556 (§ 2-39 of the 1987 Code). Amendments noted where applicable.]
The purpose of this chapter is to prohibit political fund-raising of individuals seeking election to public office on or about the municipality property.
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.
- Include 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.
- MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE
- 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.
- MUNICIPAL PROPERTY
- 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 road and open park land and public recreational facilities regularly made available for public use.
- The Borough of Highland Park and any officer, department, board, commission or agency thereof.
- POLITICAL ORGANIZATION
- 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."
- To seek by oral or written communication a contribution as 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 municipal property or utilizing municipal property.
Prohibited forms of fund-raising shall include but are not limited to:
Soliciting or accepting contributions using municipal telephones, fax machines or computers.
Soliciting or accepting contributions using personal telephones while on the property of the municipality. This prohibition shall not include the use of private cellular telephones in private automobiles which are parked or traveling on municipal property.
Soliciting or accepting contribution through the use of publicly owned computers or privately owned personal computers while on the property of the municipality.
Using municipal letterhead to solicit or accept contributions.
Sending correspondence which solicits contribution. This prohibition shall not apply to the depositing of United States mail in United States postal boxes which are located on municipal property.
Face-to-face soliciting of an individual or any owner or representative of a business entity while on the property of the municipality.
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 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.
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.