[HISTORY: Adopted by the Mayor and Council of the Borough of Fanwood 12-9-1999 by Ord. No. 99-20B (Ch. 64A of the 1971 Code). Amendments noted where applicable.]
A. 
There is a potential for conflicts arising between political fundraising and activities of the Borough government which may occur in certain Borough-owned premises or utilizing certain Borough property, and this may cause a distraction from the Borough's business.
B. 
One means of reducing the potential for any such conflict and to ensure the integrity of the Borough is to limit political fundraising on or by use of certain public property.
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH OFFICIAL, EMPLOYEE AND/OR APPOINTEE
Any person holding elective Borough office or holding an appointed position in the Borough government, or any agency, commission, board, or office thereof, whether full-time or part-time, compensated or uncompensated, and any employee of the Borough or any agency, commission, board or office thereof, whether the position is full-time or part-time.
CANDIDATE
Any individual seeking election to a public office of the federal government, the State of New Jersey, the County of Union, the Borough or the Scotch Plains-Fanwood School district.
CONTRIBUTION
As defined by the applicable sections of the United States Code, Title 18a of the New Jersey Statutes Annotated or Title 19 of the New Jersey Statutes Annotated. Contributions shall be deemed to have been made on the date when such commitment is made or liability assumed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
POLITICAL ORGANIZATION
As defined in Title 19 of the New Jersey Statutes, including but not limited to organizations otherwise defined as "political committee," "joint candidates committee" and/or "legislative leadership committee."
PROPERTY OF THE BOROUGH
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 Borough, except for public roads and open parkland.
SOLICIT
To seek by oral or written communication a contribution.
No Borough 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 Borough property or utilizing the Borough property, except for the Railroad Station Community House, the Railroad Station Parking Lots and the Patricia M. Kuran Cultural Arts Center, and any Borough parks, Borough parking lots or any other areas of Borough property which are not located in a building or enclosed structure.
Prohibited forms of fundraising include but are not limited to:
A. 
Soliciting or accepting contributions using Borough telephones, fax machines or computers.
B. 
Soliciting or accepting contributions using Borough-owned telephones.
C. 
Soliciting or accepting contributions through the use of Borough-owned computers.
D. 
Using Borough letterhead to solicit or accept contributions.
E. 
Sending correspondence by use of Borough services, equipment or postage.
F. 
Face-to-face soliciting of an individual or an owner or representative of a business entity while in any building or enclosed structure of the Borough, except for the Railroad Station Community House and the Patricia M. Kuran Cultural Arts Center.
G. 
Use of automobiles owned or leased by the Borough to accept or solicit contributions.
It shall be the responsibility of any employee, appointee or elected official who observes any prohibited forms of fundraising to report such conduct to the Borough's Ethics Board, if one exists, or in the alternative, to the Borough Prosecutor and the Borough 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.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be subject to the penalty provisions of § 1-2, General penalty.