[HISTORY: Adopted by the Township Committee of the Township of Egg
Harbor 6-14-2000 by Ord. No. 21-2000. Amendments noted where applicable.]
A.Â
The laws of the State of New Jersey do not presently
prohibit 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. The 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.
B.Â
The Township believes the prohibiting of solicitations
and acceptance of political contributions in rooms of government buildings
occupied in the discharge of official duties will address these harms and
leave open ample alternative venues for political fund-raising.
C.Â
Lastly, it is accordingly found and determined that the
Township'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 chapter, the following terms shall have the meanings
indicated:
The government of the Township, 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, 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, a contribution
as that term is defined herein.
A.Â
Prohibition against soliciting or accepting political
contribution in rooms or buildings 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 through
or utilizing public property.
B.Â
Prohibition against use of public property for political
fund-raising. 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.
[Amended 4-12-2006 by Ord. No. 20-2006]
Violation of any provision of this chapter shall, upon conviction thereof,
be punished by a minimum fine of $100 or a maximum of $2,000 or by imprisonment
for a term not exceeding 90 days or by a period of community service not exceeding
90 days. Each and every violation shall be considered a separate violation.
Any person who is convicted of violating the provisions of this chapter within
one year of the date of a previous violation and who was fined for the previous
violation may be sentenced by the Court to an additional fine as a repeat
offender. The additional fine imposed as a repeat offender shall not be less
than the minimum or exceed the maximum fine provided herein, and same shall
be calculated separately from the fine imposed for the violation of this chapter.
