Chapter 15A. Prohibiting Political Fund-Raising on or by Use of Public Property

CHAPTER 15A PROHIBITING POLITICAL FUND-RAISING ON OR BY USE OF PUBLIC PROPERTY

§15A-1 Short Title.

§15A-2 Definitions.

§15A-3 General Regulations.

§15A-4 Repealer

§15A-5 Severability.

§15A-6 When effective.

[HISTORY: Adopted by the Township Council of the Township of Gloucester on 11-22-99 by Ord. O-99-42. Amendments noted where applicable.]

BE IT ORDAINED by the Mayor and Township Council of the Township of Gloucester, County of Camden, and state of New Jersey, as follows:

§ 15A-1 Short Title.

An ordinance prohibiting the use of government buildings, equipment and facilities for political fund-raising.

§ 15A-2 Definitions.

A. Candidate - Any individual seeking election to a public office of the federal government, state, county, municipality, school district or political organization at an election.

B. Contribution - Include 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.

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 questions 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 - the Township of Gloucester, or agency thereof.

E. Municipal official, employee and appointee - 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.

F. Solicit - To seek by oral or written communication a Contribution as same is defined herein.

G. Government Owned Facility - Any building, structure owned leased or controlled by the municipality. Nothing in this definition shall be interpreted to include open land, parking lots or park land.

H. Property of the Municipality - Buildings, structures, vehicles, phones, fax machines, computers or other office equipment or supplied and other real or personal property owned, leased or controlled by the municipality. Nothing in this definition shall be interpreted to include open land, parking lots or park land.

§15A-3 General Regulations.

A. Prohibition: 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, question, elected official or political organization while in any government owned facility or by utilizing government owned equipment.

B. Prohibited Forms of Fund-raising: shall include, but be not limited to, the following:

1. Soliciting or accepting contributions using property of the municipality.

2. Soliciting or accepting contributions using personal telephones, cell phones or computers while in a government owned facility.

3. Soliciting or accepting contributions through the use of any property of the municipality in any government owned facility.

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 in a government owned facility.

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, appointed, or elected official who observes any prohibited forms of fund-raising 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. Whistle blower Provision: It shall be unlawful for any employee, elected official or appointee to be dismissed, reprimanded, retaliated against or otherwise intimated 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.

§15A-4 Repealer.

All ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§15A-5 Severability.

If any section, subsection or part, clause or phrase of this Ordinance shall be declared invalid by judgment of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of the ordinance.

§15A-6 When Effective.

This Ordinance shall take effect immediately after final passage and publication as required by law.