[Adopted 10-19-2004 by Ord. No. 38-2004]
A.Â
New Jersey does 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 their official duties.
B.Â
Such solicitation or acceptance of political contributions
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.
C.Â
Prohibiting the solicitation or acceptance of political
contributions on public property will address this harm and leave
open ample alternative venues for political fund-raising.
D.Â
The policy of the Borough of Spring Lake will be to
exclude and prohibit solicitation or acceptance of political contributions
by public office holders and employees while in any room or building
occupied in the discharge of their official duties, thereby avoiding
the appearance of impropriety and providing for an independent and
efficient government and government workforce.
As used in this article, the following terms
shall have the meanings indicated:
The government of the municipality, including any officer,
department, board, commission, or agency, thereof.
Any person holding an 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.
Any loan or transfer of money or other pledge of a contribution,
including in-kind contributions or purchase of tickets, advertisements,
to an 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," or "legislative leadership committee."
All real and/or 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 any other office equipment.
To ask for, by oral or written communication, a contribution
as 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 made over a private cell phone or by use
of a private computer, if the person soliciting or accepting the political
contributions is in any room or building occupied in the discharge
of official municipal business.
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 real and/or personal public property.
C.Â
Exception. In the event public facilities are made
available to any group for nongovernmental use as a meeting facility,
this prohibition shall not be deemed to prevent fund-raising of any
sort among members or guests of such group during the time such group
has reserved exclusive use of the public facilities.
