[HISTORY: Adopted by the Mayor and Council of the Borough of Middlesex
6-13-2000 by Ord. No. 1497. Amendments noted where applicable.]
This chapter shall be known and may be cited as “An
Ordinance Banning the Use of Government Buildings and Equipment for Political
Fund-Raising.”
A.
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;
B.
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;
C.
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;
D.
Whereas, our laws in New Jersey do not presently recognize the
misuse of public property for political fund-raising as a distinct offense;
E.
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 of election to any
such office.
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 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 candidate 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.
All real estate owned, leased or controlled by the municipal government.
To ask for, by oral or written communications, a contribution as
that term is defined herein.
A.
Prohibition against soliciting or accepting political
contribution. No municipal official, employee or appointee may solicit, commit
or pay, or receive payment of or a commitment to pay any political contribution
for any candidate, elected official or political organization while on public
real property. 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 on any public real property.
B.
Prohibition against use of public personal 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 personal property.
The prohibitions set forth in this chapter shall not apply to public
parks and open roads.
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.
