[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport 6-1-2000
by Ord. No. 734 (Ch. 15 of the 1970 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Public contracts — See Ch. 35.
Officers and employees — See Ch. 72.
This chapter shall be known as "An Ordinance Banning the Use of Government
Buildings and Equipment for Political Fund-Raising."
A.
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.
B.
Whereas, solicitation and acceptance of political contributions
in rooms and buildings occupied in the discharge of official municipal business
undermines 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.
C.
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.
D.
Whereas, our laws in New Jersey do not presently recognize
the misuse of public property for political fund-raising as a distinct offense.
E.
Therefore, it is accordingly found and determined that
the municipality's interests 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 chapter, the following terms shall have the meanings
indicated:
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 of any municipal
agency, commission, board or office thereof, whether the position is full-time
or part-time.
The government of the municipality, including any officer, department,
board, commission or agency thereof.
Any loans and transfers of money or other things of value to any
candidate, elected official or representative of any 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.
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."
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.
To ask for, by oral or written communication, a contribution as that
term is defined herein.
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 municipal business.
This section shall include solicitation or acceptance of political contributions
made over a private cell phone or by use of a private computer, if the person
soliciting or accepting the political contribution, or using the cell phone
or computer for purposes of soliciting or accepting the political contribution,
is in any room or building occupied in the discharge of official municipal
business.
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.
