[Adopted 2-1-2006 by Ord. No. 02-2006 (Ch. II, Sec. 2-27,
of the 1974 Revised General Ordinances)]
This article shall be titled "An Ordinance Banning the Use of
Government Buildings and Equipment for Political Fund-Raising."
A.
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;
B.
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;
C.
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;
D.
Our laws in New Jersey do not presently recognize the misuse of public
property for political fund-raising as a distinct offense;
E.
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 section, the following terms shall have the
meanings indicated:
Any individual seeking election to a public office 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;
The government of the municipality, including 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 of any municipal agency, commission, board, or office
thereof, whether the position is full-time or part-time.
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.
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."
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.
To ask for, by oral or written communication, a contribution
as that term is defined herein.
No municipal official, employee or appointee may solicit, commit
to pay, or receive payment of or a commitment to pay any political
contribution for any candidate, elected official or political organization
while in any room or building occupied in the discharge of official
municipal business. This section shall include solicitation or acceptance
of political contributions made over a private cell phone or by use
of a private computer, if the person soliciting or accepting the political
contribution, or using the cell phone or computer for purposes of
soliciting or accepting the political contribution, is in any room
or building occupied in the discharge of official municipal business.
No municipal official, employee, or appointee may solicit, commit
to pay, or receive payment of or a commitment to pay any political
contribution for any candidate, elected official or political organization
while utilizing public property.
In the event public facilities are made available to any group
for nongovernmental use, as a meeting facility, this prohibition shall
not be deemed to prevent fund-raising of any sort among members of
such groups during the time such groups have reserved exclusive use
of the meeting facility.
