[Adopted 10-3-2000 by Ord. No. 2133-00]
A.Â
Findings.
(1)Â
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.
(2)Â
Solicitation and acceptance of political contributions
in rooms and buildings occupied in the discharge of official municipal
business undermine the efficiency of government by taking officials
and employees away from the people's business and lead to the appearance
of improper influence of political contributions on government functions.
(3)Â
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 fundraising.
(4)Â
Laws in New Jersey do not presently recognize the
misuse of public property for political fundraising as a distinct
offense.
B.Â
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 fundraising
in rooms or buildings occupied in the discharge of official duties
or through the use of public property.
As used in this article, the following terms
shall have the meanings indicated:
Any person holding elective municipal office or holding an
appointed position in the municipal government or in any municipal
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 communications, 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 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.Â
Prohibition against use of public property for political
fundraising. 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.
C.Â
Exception. In the event that 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 of such groups during the time such groups
have reserved exclusive use of the meeting facility.
D.Â
Violation. Violation of any provision of this article
shall be punishable by a period of community service not exceeding
90 days and/or a fine not exceeding $1,000.
