[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 3-21-2000 by Ord. No. 1126. Amendments noted where applicable.]
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:
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.
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]
This municipality 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 municipal
government or in any agency, commission, board, or office thereof,
whether the position is full-time or part-time.
To seek by oral or written communication a contribution as
same is defined herein.
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.
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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Violation of any provision of this chapter shall
be punished by one or more of the following: 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.
