The short title of this chapter is "An ordinance
banning the use of government buildings and government equipment for
political fundraising."
Whereas political contributions have a profound
impact on government decisionmaking; and whereas, our laws in New
Jersey do not presently ban solicitation or acceptance of contributions
by public officeholders and employees while on public property or
by use of public facilities; and whereas, a conflict may arise between
the business of political fundraising and the business of government
in Town Hall and other government-owned premises, and this may cause
a distraction from the people's business; and whereas 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 public property; therefore, it is accordingly found and determined
that the paramount public interest in a clean and accountable government
requires the prohibition of political fundraising on public property
or by use of public facilities.
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.
MUNICIPALITY
This municipality and any other officer, department, board,
commission or agency thereof.
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 or municipal
government or in any agency, commission, board or office thereof,
whether the position is full-time or part-time.
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" and "legislative leadership
committee.''
PROPERTY OF THE MUNICIPALITY
Building, land, vehicles, phone, 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.
SOLICIT
To seek by oral or written communication a contribution as
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 municipality or utilizing
the property of the municipality.
Prohibited forms of fundraising shall include
but are not limited to:
A. Soliciting or accepting contributions using municipal
telephones, fax machines or computers.
B. Soliciting or accepting contributions using personal
telephones while on the property of the municipality.
C. Soliciting or accepting contributions through the
use of publicly owned computers or privately owned personal computers
while on the property of the municipality.
D. Using municipal letterhead to solicit or accept contributions.
E. Sending correspondence which solicits contributions.
F. Face-to-face soliciting of an individual or an owner
or representative of a business entity while on the property of the
municipality.
G. Use of automobiles owned or leased by the municipality
to accept or solicit contributions.
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.