Borough of Emerson, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson 3-21-2000 by Ord. No. 1126. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 210.
Contribution disclosure statements — See Ch. 135.
Use of municipal facilities — See Ch. 187.
The chapter shall be known as "An Ordinance Banning the Use of Government Buildings and Government Equipment for Political Fund-Raising."
The purpose of this chapter is to prohibit political fund-raising on, near or by the use of public 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
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.
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, municipal committee, club, and legislative leadership committee.
[Amended 2-20-2001 by Ord. No. 1160]
MUNICIPALITY
This municipality and any officer, department, board, commission or agency thereof.
MUNICIPAL OFFICIAL, EMPLOYEE, 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.
SOLICIT
To seek by oral or written communication a contribution as same is defined herein.
PROPERTY OF THE MUNICIPALITY
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 roads and open park land.
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 municipality or utilizing the property of the municipality.
A. 
Prohibited forms of fund-raising shall include but are not limited to:
(1) 
Soliciting or accepting contributions using municipal telephones, fax machines or computers.
(2) 
Soliciting or accepting contributions using personal telephones while on the property of the municipality.
(3) 
Soliciting or accepting contributions through the use of publicly owned computers or privately owned personal computers while on the property of the municipality.
(4) 
Using municipal letterhead to solicit or accept contributions.
(5) 
Sending correspondence from municipal buildings or by use of municipal services, equipment or postage.
(6) 
Face-to-face soliciting of an individual or an owner or representative of a business entity while on the property of the municipality.
(7) 
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,[1] if one exists, or in the alternative, to the Municipal Prosecutor and the Municipal Clerk who shall report same to the governing body.
[1]
Editor's Note: See Ch. 31, Ethics, Board of, § 31-9.
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 imprisonment in the county jail for a term not exceeding 90 days or a fine not exceeding $1,000.