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:
CANDIDATE
Any individual seeking election to a public office of the
federal government, state, county, municipality, school district or
political organization at an election.
CONTRIBUTION
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.
MUNICIPALITY
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."
SOLICIT
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:
A. Soliciting or accepting contributions using municipal
telephones, fax machines or computers.
B. 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.
C. Soliciting or accepting contribution through the use
of publicly owned computers or privately owned personal computers
while on the property of the municipality.
D. Using municipal letterhead to solicit or accept contributions.
E. 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.
F. Face-to-face soliciting of an individual or any owner
or representative of a business entity while on the property of the
municipality.
G. 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.
Violation of any provision of this chapter shall be punished as provided in Chapter
1, General Provisions, Article
III, General Penalty.