[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Berlin 7-17-2000 by Ord. No. 2000:8.
Amendments noted where applicable.]
An ordinance banning the use of government buildings and equipment for
political fund-raising.
Whereas, 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;
and whereas, 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; and 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 fund-raising; and whereas, our laws
in New Jersey do not presently recognize the misuse of public property for
political fund-raising as a distinct offense; now, therefore, 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 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:
Any individual seeking election to a public office of the federal,
state, county, or municipal government, or school district or political party,
and any individual who shall have been elected or failed election to any such
office.
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.
The government of the municipality, including any officer, department,
board, commission or agency, thereof.
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."
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 as that
term is 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 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
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.
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.
