[HISTORY: Adopted by the Board of Commissioners (now Council) of
the Town (now Township) of Montclair 3-28-2000 by Ord.
No. 00-08. Amendments noted where applicable.]
An ordinance banning the use of government buildings and government
equipment for political fund-raising.
Whereas, political contributions have a profound impact on government
decision making; and whereas, our laws in New Jersey do not presently ban
solicitation or acceptance of contribution by public office holders and employees
while on public property or by use of public facilities; and whereas, a conflict
may arise between the business of political fund-raising and the business
of government in town hall and other government-owned premises, and this may
cause a distraction from the people's business; and whereas, the most
appropriate method to prevent this conflict and to ensure the integrity of
government decisions is the prohibition of political fund-raising on or by
use of public property; therefore, it is accordingly found and determined
that the paramount public interest in a clean and accountable government requires
the prohibition of political fund-raising on public property or by use of
public facilities.
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 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.
This municipality and any officer, department, board, commission
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 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, 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. 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. Prohibited forms of
fund-raising shall include but are not limited to:
(1)
Soliciting or accepting contributions using municipal
telephones, fax machines or computers.
(2)
Soliciting or accepting contributions using personal
telephones while on the property of the municipality.
(3)
Soliciting or accepting contributions through the use
of publicly owned computers or privately owned personal computers while on
the property of the municipality.
(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 on the property of the municipality.
(7)
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, 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.
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 chapter.
[Amended 4-10-2007 by Ord. No. 07-17]
Any person who violates any provision of this chapter shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists shall be
considered a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal Court
Judge may determine.
