[HISTORY: Adopted by the Township Council of The Township of Cedar
Grove as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-1-2000 by Ord.
No. 00-532]
"An Ordinance Banning the Use of Government Buildings and Government
Equipment for Political Fundraising.
A.
Whereas, political contributions have a profound impact
on government decision making; and
B.
Whereas, our laws in New Jersey do not presently ban
solicitation or acceptance of contribution by public office holders and employees
while on public property or by use of public facilities; and
C.
Whereas, a conflict may arise between the business of
political fundraising and the business of government in Town Hall and other
government-owned premises, and this may cause a distraction from the People's
business; and
D.
Whereas, the most appropriate method to prevent this
conflict and to insure the integrity of government decisions is the prohibition
of political fundraising on or by use of public property.
E.
Therefore, it is accordingly found and determined that
the paramount public interest in a clean and accountable government requires
the prohibition of political fundraising on public property or by use of public
facilities.
As used in this article, the following words shall have the following
meanings:
Any individual seeking election to a public office of the federal
government, state, county, municipality, school district or political organization
at an election.
Includes all loans and transfers of money or other thing of value
to or by any candidate, elected official or political organization and all
pledges or other commitments or assumptions of liability to make any such
transfer. Contributions shall be deemed to have been made upon the date when
such commitment is made or liability assumed.
This municipality and 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 in any agency,
commission, board, or office thereof, whether the position is full-time or
part-time.
Any two or more persons acting jointly, or any corporation, partnership
or any 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.
"Political organization" includes, but is not limited to, organizations otherwise
defined as "political committee," "joint candidates committee," and "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 municipality, except for public roads and open park land.
To seek by oral or written communication a contribution as same is
defined herein.
A.
Prohibition against soliciting or accepting political
contributions on public property. No municipal 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 the property of the municipality or utilizing the property
of the municipality.
B.
Prohibited forms of fundraising. Prohibited forms of
fundraising shall include but are not limited to:
(1)
Soliciting or accepting contributions using municipal
telephones, FAX machines or computers.
(2)
Soliciting or accepting contributions using personal
telephones while on the property of the municipality.
(3)
Soliciting or accepting contributions through the use
of publicly owned computers or privately owned personal computers while on
the property of the municipality.
(4)
Using municipal letterhead to solicit or accept contributions.
(5)
Sending correspondence from municipal buildings or by
use of municipal services, equipment or postage.
(6)
Face-to-face soliciting of an individual or an owner
or representative of a business entity while on the property of the municipality.
(7)
Use of automobiles owned or leased by the municipality
to accept or solicit contributions.
C.
Reporting requirements. It shall be the responsibility
of any employee or appointed or elected official who observes any prohibited
forms of fundraising to report such conduct to the Municipal Ethics Board,
if one exists, or in the alternative, to the Municipal Prosecutor and the
Municipal Clerk who shall report same to the governing body.
D.
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 article.
Violation of any provision of this article 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.
