[Adopted 10-19-2004 by Ord. No. 38-2004]
A. 
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. 
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. 
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. 
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:
CANDIDATE
A. 
Any individual seeking election to a public office of the federal, state, county, or municipal government, or school district or political party; and
B. 
Any individual who shall have been elected or failed to be elected to any such office.
MUNICIPALITY
The government of the municipality, including any officer, department, board, commission, or agency, thereof.
MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE
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.
POLITICAL CONTRIBUTION
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.
POLITICAL ORGANIZATION
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."
PUBLIC PROPERTY
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.
SOLICIT
To ask for, by oral or written communication, a contribution as defined herein.
A. 
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. 
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. 
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.