[HISTORY: Adopted by the Township Council of the Township
of Hamilton as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Contracting procedures — See Ch. 19.
[Adopted 12-16-1998 by Ord. No. 98-049 (Ch. 44, Art. II, of
the 1994 Code of Ordinances)]
Hamilton Township as a matter of public policy strongly supports
full disclosure of information concerning political contributions
and related activities affecting this municipality, accomplished on
the state level by the New Jersey Law Enforcement Commission. Local
filing of New Jersey Law Enforcement Commission reports assures Hamilton
citizens will be able to readily access such information at the local
level, enhancing the full disclosure.
All words, terms and phrases utilized in this article shall
have the same meanings as set forth in the New Jersey Campaign Contributions
and Expenditures Reporting Act, N.J.S.A. 19:44A-1 et seq. and implementing
regulations of the New Jersey Election Law Enforcement Commission,
N.J.A.C. 19:25-1 et seq.
All local candidates, political committees, continuing political
committees, political party committees, candidate committees and joint
candidates committees shall file certificates of organization and
designation of campaign depository, disclosure statements and related
reports filed with the New Jersey Election Law Enforcement Commission
simultaneously with the Municipal Clerk of the Township.
[Adopted 4-18-2000 by Ord. No. 00-012 (Ch. 44, Art. I, of
the 1994 Code of Ordinances)]
An ordinance prohibiting political fund-raising on Township
property or by use of Township facilities.
As used in this article, the following terms shall have the
meanings indicated:
Any individual seeking election to a public office in the
federal, state, county, or municipal government, or school district
or a political organization.
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 person holding elective municipal office or holding an
appointed position in the municipality, 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 municipality
in any agency, commission, board, or office thereof, whether the position
is full time or part time.
The Township and any officer, department, board, commission,
or agency thereof.
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."
Buildings, land, vehicles, telephones, facsimile machines,
computers or other office equipment or supplies and other real or
personal property owned, leased or controlled by the Township, except
for public roads and open parkland.
To seek by oral or written communication a contribution as
same is defined herein.
A.
Prohibition against soliciting or accepting political contributions
on public property. No person, organization or other entity 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 Township or utilizing the property of
the Township. This prohibition shall not apply to property of the
Township that is available for lease to the public.[1]
B.
Prohibited forms of fund-raising. Prohibited forms of fund-raising
shall include, but are not limited to, the following:
(1)
Soliciting or accepting contributions using municipal telephones,
facsimile 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
and to solicit contributions.
It shall be the responsibility of any municipal employee, appointed or elected official who observes any prohibited form of fund-raising as identified in § 51-7B supra, to promptly report such conduct in writing to the Municipal Prosecutor.
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 article.
To the extent not prohibited above, nothing in the article is
intended to preclude municipal officials, employees, officers or elected
officials of the Township from participating in the political process,
including fund-raising on their own time and off property owned or
leased by the Township.
