[HISTORY: Adopted by the City Council of the City of Rahway 6-14-2000
by Ord. No. O-41-00. Amendments noted where applicable.]
GENERAL REFERENCES
Ethics — See Ch. 35.
The title of this chapter is "An Ordinance Banning the Use of Government
Buildings and Equipment for Political Fund-Raising."
A.
Solicitation and acceptance of political contributions
on public property used in the discharge of official duties threatens the
independence of public employees, 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.
Prohibiting the solicitation and acceptance of political
contributions on public property used in the discharge of official duties
will address these harms and leave open ample alternative venues for political
fund-raising.
C.
It is accordingly found and determined that the municipality's
interests in an independent and efficient government work force 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 on public property used 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 municipality, 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 or by
any candidate, elected official, or 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 real and 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. "Public property" is specifically defined herein to
exclude public parks, sidewalks, rights-of-way and other common meeting places.
To ask for, by oral or written communication, a contribution as that
term is defined herein.
A.
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.
B.
This section shall include solicitation or acceptance
of political contributions made over the telephone or by use of a computer,
including private telephones and computers, if the person soliciting or accepting
the political contribution or using the telephone or computer for purposes
of soliciting or accepting the political contribution is in, on or using public
property in the discharge of official duties.
C.
This section shall not be construed to prohibit de minimus
use of public property, such as a government-owned or leased car, outside
of public property used in the discharge of public duties, in connection with
political fund-raising, if the public property is not used in such a way as
to convey to a reasonable observer that the fund-raising activity is officially
authorized or endorsed.
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.
