§ 2-54. PROHIBITION ON POLITICAL FUNDRAISING.

2-54.1 Purpose. It is the intent and purpose of this section to prohibit all political fundraising activities from occurring on or by use of any of the property of the Municipality.

(Ord. #580-98, § 1)

2-54.2 Definitions.

Candidate means Any individual seeking election to a public office of the Federal government, State, County, Municipality, School District or political organization at an election.

Contribution means and 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.

Municipality means this Municipality and any Officer, Department, Board, Commission, or Agency thereof.

Municipal Official, Employee and Appointee means 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.

Political organization means any two (2) 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. "Po litical organization" includes, but is not limited to, organizations otherwise defined as "political committee," "joint candidates committee," and "legislative leadership committee."

Property of the Municipality means 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.

Solicit means to seek by oral or written communication a contribution as same is defined in this subsection.

(Ord. #580-98, S 2)

2-54.3 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.

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 car phones in the parking lot while on the property of the municipality;

(c)

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 any Municipal building or by use of any Municipal services, equipment or postage, by which contributions are solicited;

(f)

Face-to-face soliciting of an individual or an owner or representative of a business entity while on the property of the Municipality;

(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 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 section.

e.

Violation. Violation of any provision of this section shall be punished by a period of community services not exceeding ninety (90) days or imprisonment in the county jail for a term not exceeding ninety (90) days or a fine not exceeding one thousand ($1,000.00) dollars.

(Ord. #580-98, S 3)