HomeMy Public PortalAbouto 99:28No.
99-28
(Orh nance
of ( ari r i,
Councilman
Presents the following Ordinance Seconded by Councilman
ORDINANCE PROHIBITING POLITICAL FUNDRAISING
ON OR BY USE OF PUBLIC PROPERTY
BE IT ORDAINED by the Mayor and Council of the Borough of Carteret, County of
Middlesex, State of Ncw Jersey, as folloxvs:
Section 1. Short Title
An ordinance banning the use of government buildings and government equipment
for political fundraising.
Section 2. Purpose
WHEREAS, political contributions have a profound impact on government decision
making; and
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
WHEREAS, conflict may arise between the business of political fundraising and the
business of goverrnnent in toxvn hall and other government owned premises, and this
may cause a distraction from the People's business; and
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.
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.
Section 3. Definitions
A. Candidate Any individual seeking election to public office of the federal
govermnent, state, county, municipality, school district or politicaI organization at an
election.
B. Contribution - 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 assumption of liability to make any such transfer.
Contributions shall be deemed to have been made upon the date when such
commitment is made or Iiability assumed.
NO.
99-28 PAGE
2
C. Political Organization - Means 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."
D. Municipality This municipality and any officer, department, board,
commission or agency thereof.
E. Municipal Official, Employee and Appointee - Any person holding elective
municipal office or holding an appointed position in the municipaI 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.
F. Solicit - To seek by oral or written communication a Contribution as same is
defined herein.
G. Property of the Municipality - 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.
Section 4. General Regulations
A. Prohibition Against Soliciting or Accepting Political Contributions on Public
Property.
1. 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
1. Prohibited forms of fundraising shall include but are not limited to:
a. Soliciting or accepting contributions using municipal telephones,
fax machines or computers.
b. Soliciting or accepting contributions using personal telephones
while on the Property of the Municipality.
Soliciting or accepting contributions through the use of publicly
owned computers or privately owned personal computers while
on the Property of the Municipality.
d. Using municipal letterhead to solicit or accept contributions.
e. Sending correspondence from municipal buildings or by use of
of municipal services, equipment or postage.
f. Face-to-face soliciting of an individual or an owner or represent-
ative of a business entity while on the Property of the Municipality.
99-28 PAGE
g. 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,
appointed, or elected official ~vho 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 ordinance.
E. Violation: Violation of any provision of this ordinance 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 $1,000.00.
Section 5. Severability and Effectiveness Clause
A. If any section of this ordinance is held to be void or invalid, it shall be
severed and the other sections of the ordinance remain in force.
B. This ordinance shall become effective upon immediate passage and
publication as prescribed by law.
DO NOT USE SPACE BELOW THIS LINE
COUNCILMAN
CRILLE_~Y _
GUTOWSKI
YE~
X
X
X - Indicale Vole AB - Absent
RECORD OF COUNCIL VOTE
NO NV A.B.. COUNCILMAN
II Il .ANcuso
NV - Not Voling
XOR - lndicalcs Vote lo Overrule Vcm S.j
Adopted on first reading of the Council of the Borough of Carteret, N.J., on A0(~JST 19, 1999
Adopted on second reading after hearing on SEPTEMBER 2 _. 1999