[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood 12-9-1999 by Ord. No. 99-20B. Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 29.
A.
There is a potential for conflicts arising between political fund-raising
and activities of the Borough government which may occur in certain
Borough-owned premises or utilizing certain Borough property, and
this may cause a distraction from the Borough's business.
B.
One means of reducing the potential for any such conflict and to
ensure the integrity of the Borough is to limit political fund-raising
on or by use of certain public property.
As used in this chapter, the following terms shall have the
meanings indicated:
Any person holding elective Borough office or holding an
appointed position in the Borough government, or any agency, commission,
board, or office thereof, whether full-time or part-time, compensated
or uncompensated, and any employee of the Borough or any agency, commission,
board or office thereof, whether the position is full-time or part-time.
Any individual seeking election to a public office of the
federal government, the State of New Jersey, the County of Union,
the Borough or the Scotch Plains-Fanwood School district.
As defined by the applicable sections of the United States
Code, Title 18 of the New Jersey Statutes Annotated or Title 19 of
the New Jersey Statutes Annotated. Contributions shall be deemed to
have been made on the date when such commitment is made or liability
assumed.
As defined in Title 19 of the New Jersey Statutes, including
but not limited to organizations otherwise defined as "political committee,"
"joint candidates committee" and/or "legislative leadership committee."
Buildings, land, vehicles, phones, fax machines, computers
or other office equipment or supplies and other real or personal property
owned, leased or controlled by the Borough, except for public roads
and open parkland.
To seek by oral or written communication a contribution.
No Borough official, employee or appointee may solicit, commit
to pay or receive payment of or a commitment to pay any contribution
for any candidate, elected official or political organization while
in or on Borough property or utilizing the Borough property, except
for the Railroad Station Community House, the Railroad Station Parking
Lots and the Patricia M. Kuran Cultural Arts Center, and any Borough
parks, Borough parking lots or any other areas of Borough property
which are not located in a building or enclosed structure.
Prohibited forms of fund-raising include but are not limited
to:
A.
Soliciting or accepting contributions using Borough telephones, fax
machines or computers.
B.
Soliciting or accepting contributions using Borough-owned telephones.
C.
Soliciting or accepting contributions through the use of Borough-owned
computers.
D.
Using Borough letterhead to solicit or accept contributions.
E.
Sending correspondence by use of Borough services, equipment or postage.
F.
Face-to-face soliciting of an individual or an owner or representative
of a business entity while in any building or enclosed structure of
the Borough, except for the Railroad Station Community House and the
Patricia M. Kuran Cultural Arts Center.
G.
Use of automobiles owned or leased by the Borough to accept or solicit
contributions.
It shall be the responsibility of any employee, appointee or
elected official who observes any prohibited forms of fund-raising
to report such conduct to the Borough's Ethics Board, if one
exists, or in the alternative, to the Borough Prosecutor and the Borough
Clerk, who shall report same to the governing body.
It shall be unlawful for any employee, elected official or appointee
to be dismissed, reprimanded, retaliated against or otherwise intimidated
for complying with the reporting requirements mandated by this chapter.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
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 $2,000.
