This chapter shall be known as an "Ordinance Banning the Use of Government
Buildings and Equipment for Political Fund-raising."
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;
and 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; and 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; and whereas,
our laws in New Jersey do not presently recognize the misuse of public property
for political fund-raising as a distinct offense; now 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:
CANDIDATE
Any individual seeking election to a public Zoffice of the federal,
state, county or municipal government, or school district or political party
and any individual who shall have been elected or failed of election to any
such office.
MUNICIPAL OFFICIAL, EMPLOYEE and 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 of any municipal
agency, commission, board or office thereof, whether the position is full-time
or part-time.
MUNICIPALITY
The government of the municipality, including any officer, department,
board, commission or agency thereof.
POLITICAL CONTRIBUTION
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.
POLITICAL ORGANIZATION
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."
PUBLIC PROPERTY
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.
SOLICIT
To ask for, by oral or written communication, a Contribution as that
term is defined herein.
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.