[Adopted 5-13-1999 by Ord. No. MC-3478 (Ch. 72, Art. II,
of the 1987 Code)]
As used in this article, 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.
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 any agency, commission, board or office thereof, whether the position
is full-time or part-time.
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.
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.
(1)
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.
B.
Prohibited forms of fund-raising.
(1)
Prohibited forms of fund-raising 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 while on the property of the municipality
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.
C.
Reporting requirements. It shall be the responsibility of any employee
or appointed or elected official who observes any prohibited forms
of fund-raising to report such conduct to the Municipal Clerk who
shall refer said report to this Council.
D.
Whistle-blower provision. 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.
E.
Violation. Violation of any provision of this article 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.
The provisions of this article may be enforced by complaint
filed in the Municipal Court by the Municipal Clerk if authorized
by a resolution of the governing body.
