[HISTORY: Adopted by the Township Committee of the Township of Middle
7-3-2000 as Ord. No. 1058-2000. Amendments noted where applicable.]
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. 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. Whereas, 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 fundraising; and Since our laws in New Jersey do not
presently recognize the misuse of public property for political fundraising
as a distinct offense, 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 fundraising in rooms or buildings occupied in the discharge of
official duties or through the use of public property.
The term "candidate" means (1) any individual seeking election to
a public office of the federal, state, county, or municipal government, or
school district or political party, and (2) any individual who shall have
been elected or failed of election to any such office.
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."
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.
To ask for, by oral or written communication, a contribution as that
term is defined herein.
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.
A.
Prohibition against soliciting or accepting political
contribution in rooms occupied in the discharge of public 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 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.
B.
Prohibition against use of public property for political
fundraising. 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
township property.
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.
