[HISTORY: Adopted by the Township Council of the Township
of Gloucester 11-22-1999 by Ord.
No. O-99-42. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 15A, Public Advocate, adopted 1-18-1980
by Ord. No. O-79-44, was repealed 11-10-1986 by Ord. No. O-86-35.
This chapter shall be known and may be cited as "An ordinance
prohibiting the use of government buildings, equipment and facilities
for political fund-raising."
As used in this chapter, 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 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 building, structure owned leased or controlled by the
municipality. Nothing in this definition shall be interpreted to include
open land, parking lots or parkland.
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 in any agency, commission, board, or office
thereof, whether the position is full time or part time.
The Township of Gloucester, 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 questions 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, structures, vehicles, phones, fax machines, computers
or other office equipment or supplies and other real or personal property
owned, leased or controlled by the municipality. Nothing in this definition
shall be interpreted to include open land, parking lots or parkland.
To seek by oral or written communication a contribution as
same is defined herein.
A.
Prohibition. 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, question, elected official or political organization
while in any government-owned facility or by utilizing government-owned
equipment.
B.
Prohibited forms of fund-raising shall include, but not be limited
to, the following:
(1)
Soliciting or accepting contributions using property of the municipality.
(2)
Soliciting or accepting contributions using personal telephones,
cell phones or computers while in a government-owned facility.
(3)
Soliciting or accepting contributions through the use of any property
of the municipality in any government-owned facility.
(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 in a government-owned facility.
(7)
Use of automobiles owned or leased by the municipality to accept
or solicit contributions.
It shall be the responsibility of any employee, appointed or
elected official who observes any prohibited forms of fund-raising
to report such conduct to the municipal ethics board, if one exists,
or, in the alternative, to the Municipal Prosecutor and the Municipal
Clerk who shall report same to the governing body.
It shall be unlawful for any employee, elected official or appointee
to be dismissed, reprimanded, retaliated against or otherwise intimated
for complying with the reporting requirements mandated by this chapter.
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.
