The intent of this article is to create an independent and efficient
government workforce and workplace and a government that is undermined
by neither the fact nor appearance of improper influence of political
contributions on government decisions which 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 or equipment.
The purpose of this article is to ban the use of government
buildings, property and equipment for political fundraising.
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 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 of the City of Hoboken,
including any officer, department, board, commission or agency thereof.
Any loans and transfers of money or other things of value
to any candidate, elected municipal official, employee or appointee
or representative of any political organization, or other commitments
or assumptions of liability to make any such transfer for the purpose
of supporting a candidate. A political contribution 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
municipality where employees of the City of Hoboken perform their
job duties and all real property owned, leased or controlled by the
municipality for use by municipal employees. Such public property
includes but is not limited to vehicles, phones, fax machines, computers,
stationery, including municipal letterhead, postage and other office
equipment, municipal telephones, fax machines or computers, communications
and alert systems and the use of personal telephones or private owned
computers while on the property of the municipality.
[Amended 7-18-2019 by Ord. No. B-180]
To direct, request or ask for, by oral or written communication,
a political contribution as that term is defined herein.
A.Â
Prohibition against soliciting or accepting political contribution
while in or utilizing public property. No municipal official employee
and/or appointee may solicit or receive payment of or a commitment
to pay any political contribution for any candidate, elected official
or political organization while in or utilizing any public 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, is in or utilizing any public
property.
B.Â
Prohibition against use of public property for political fundraising.
No municipal official employee and/or appointee may solicit 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
Prohibited forms of fundraising. Prohibited forms of fundraising
shall include but are not limited to:
(1)Â
Soliciting or accepting contributions using municipal telephones,
fax machines or computers.
(2)Â
Soliciting or accepting contributions using personal telephones while
on the property of the municipality.
(3)Â
Soliciting or accepting contributions through the use of publicly
owned computers or privately owned personal computers while on the
property of the municipality.
(4)Â
Using municipal letterhead to solicit or accept contributions.
(5)Â
Sending correspondence from municipal buildings or by the use of
municipal services, equipment or postage.
(6)Â
Face-to-face soliciting of an individual or an owner or representative
of a business entity while on the property of the municipality.
(7)Â
Use of automobiles owned or leased by the municipality to accept
or solicit contributions.
D.Â
Reporting requirements. It shall be the responsibility of any employee,
appointee or elected official who observes any prohibited forms of
fundraising to report such conduct to the Business Administrator or
the Corporation Counsel who shall report same to the Mayor and the
governing body.
E.Â
Whistleblower provision. 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.
F.Â
(1)Â
Public facilities which are made available to any group for use as
a meeting facility or gathering place, such as a park. Fundraising
among members of such groups during the time such groups have reserved
exclusive use of the meeting facility or gathering place is not prohibited.
(2)Â
Residents of a public housing authority who engage in fundraising
in their residences.
(3)Â
Library materials available for public use.
G.Â
Violation. A violation of any provision of this article shall be
considered a violation of the City Code of Ethics and may subject
the municipal official, employee or appointee to disciplinary action.
