[HISTORY: Adopted by the City Council of the City of Cape May 9-21-2004
by Ord. No. 07-2004 (Sec. 2-58 of the 1997 Revised General
Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The government of the City, 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 or by
any candidate, elected official, or 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 duties. This section
shall include solicitation or acceptance of political contributions made over
the telephone or by use of a computer, including private telephones and computers,
if the person soliciting or accepting the political contribution, or using
the telephone or computer for purposes of soliciting or accepting the political
contribution, is in any room or building occupied in the discharge of official
duties.
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. This section shall not be construed to prohibit de minimus
use of public property, such as a government-owned or-leased car, outside
of rooms or buildings occupied in the discharge of public duties, in connection
with political fund-raising, if the public property is not used in such a
way as to convey to a reasonable observer that the fund-raising is officially
authorized or endorsed.
