[HISTORY: Adopted by the Mayor and Council of the Borough of Old
Tappan 2-28-2000 by Ord. No. 704-00. Amendments noted where applicable.]
Political contributions have a profound impact on government decisionmaking.
Our laws in New Jersey do not presently ban solicitation or acceptance of
contributions by public office holders and employees while on public property
or by use of public facilities. A conflict may arise between the business
of political fundraising and the business of government in Borough Hall, and
this may cause a distraction from the people's business. The most appropriate
method to prevent this conflict and to ensure the integrity of government
decisions is the prohibition of political fundraising on or by use of the
Borough Hall. It is accordingly found and determined that the paramount public
interest in a clean and accountable government requires the prohibition of
political fundraising on or by use of the Borough Hall.
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.
Includes 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.
The Borough of Old Tappan and any officer, department, board, commission,
or agency thereof.
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 the municipal government, or in any
agency, commission, board, or office thereof, whether the position is full-time
or part-time.
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 the 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 the property
of the Borough Hall.
Prohibited forms of fundraising shall include but are not limited to:
A.Â
Soliciting or accepting contributions using Borough Hall
telephones, fax machines or computers.
B.Â
Soliciting or accepting contributions using personal
telephones while on the property of the Borough Hall.
C.Â
Soliciting or accepting contributions through the use
of publicly owned computers or privately owned personal computers while on
the property of the Borough Hall.
D.Â
Sending correspondence from Borough Hall or by use of
borough services, equipment or postage.
E.Â
Face-to-face soliciting of an individual or an owner
or representative of a business entity while on the property of the Borough
Hall.
It shall be the responsibility of any employee or appointed or elected
official who observes any prohibited forms of fundraising to report such conduct
to the borough prosecutor and the Borough Clerk, who shall report the 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 by a period
of community service not exceeding 90 days or a fine not exceeding $1,000,
or both.
