Political Activity and Fund-Raising on Municipal Property

[HISTORY: Adopted by the Township Committee of the Township of Colts Neck 2-9-2000. Amendments noted where applicable.]

Officers and employees -- See Ch. 46.
Township Committee -- See Ch. 66.

§ 171-1. Short title.

§ 171-2. Findings and purpose.

1. It is hereby found and determined that:

(1) Political contributions have a profound impact on government decisionmaking.

(2) New Jersey law does not presently ban solicitations or acceptance of contributions by public office holders and employees while on public property or by the use of public facilities.

(3) A conflict of interest may arise between the business of political fund-raising and the business of government in the town hall and other government-owned premises which may cause a distraction from the people's business.

(4) The most appropriate method to prevent this conflict and to ensure the integrity of government decisions is to prohibit political fund-raising on or by the use of public property.

2. The paramount public interest in a clean and accountable government requires the prohibition of political fund-raising on public property or by the use of public facilities.

§ 171-3. Definitions.

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

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 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 -- This municipality and any officer, department, board, commission or agency thereof.

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 a municipal government or in any agency, commission, board or office thereof, whether the position is full-time or part-time.

POLITICAL ORGANIZATION -- 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 a "political committee," "joint candidates committee" and "legislative leadership committee."

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.

SOLICIT -- To seek, by oral or written communication, a contribution, as same is defined herein.

§ 171-4. Prohibitions; reporting; violations and penalties.

1. Solicitation of political contributions on public property prohibited. 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.
2. Prohibited forms of fund-raising. Prohibited forms of fund-raising 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 the 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.

3. Reporting requirements. It shall be the responsibility of any employee, appointee 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.
4. 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.
5. Violation. Violation of any provision of this chapter 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 by a fine not exceeding $1,000.

§ 171-5. Severability; when effective.

1. If any section of this chapter is held to be void or invalid, it shall be severed, and the other sections of the chapter shall remain in force.
2. This chapter shall become effective on adoption and publication in accordance with the law.

§ 25-21. Conduct of employees.

1. General policy. All employees are prohibited from engaging in any conduct which could reflect unfavorably upon the town. Employees must avoid any action which might result in or create the impression of using public office for private gain, giving preferential treatment to any person or losing complete impartiality in conducting town business.
2. Receipt of gifts.

(1) Items of monetary value. Employees are prohibited from soliciting or accepting gifts, gratuities, favors, entertainment, loans or any other item of monetary value from any person who has or is seeking to obtain business with the town or from any person within or outside town employment whose interests may be affected by the employee's performance or nonperformance of official duties.

(2) Nominal gifts. Acceptance of nominal gifts in keeping with special occasions, such as marriage, retirement or illness; food and refreshments in the ordinary course of business meetings; or unsolicited advertising or promotional material, e.g., pens, notepads or calendars of nominal intrinsic value, is permitted.

(3) Flower funds or gifts for fellow employees. Contributions made for such funds or special gifts are not prohibited. However, participation in such activities, including contributions for even nominal gifts to supervisors, must be wholly voluntary on the part of each employee, and any gifts should be of minimal value.

(4) Supervisors. The policies described in all above sections shall apply to supervisors. In addition, supervisors must avoid placing themselves in a position which could interfere with or create the impression of interfering with the objective evaluation and direction of their subordinates. No supervisor shall accept gifts from subordinates other than those of nominal value for special occasions, and no supervisor shall borrow or loan money or accept favors from any subordinate.

3. Business activities and solicitation. No employee shall engage in any business other than his/her regular duties during working hours, including such activities as selling to fellow employees, lending of money for profit and any similar activity.
4. Outside employment.

(1) Interference with town employment. Upon proper notification to and approval of the department head and Town Administrator, an employee may engage in outside employment. However, no employee may engage in additional employment which in any manner interferes with proper and effective job performance, results in a conflict of interest or may subject the town to public criticism or embarrassment. If the department head determines that such outside employment is disadvantageous to the town, then (s)he shall so notify the employee in writing that the employee must terminate either outside employment or town employment.

(2) Preference of town employment. Employees who engage in employment outside of regular working hours shall be subject to call to perform regular town duties first.

(3) Injury and illness. The town shall in no respect be liable nor grant injury leave in case of injury to an employee while engaged in outside employment nor any occupational illness attributed to the outside employment.

5. Privileged information. Employees may deal with plans and programs of significant public interest. Employees must not use this privileged information for their own financial advantage or to provide friends and acquaintances with financial advantages or with information which could be used for financial advantage. If an employee finds that (s)he has an outside financial interest which could be affected by town plans or activities, (s)he must immediately report the situation to his/her supervisor. Each employee is charged with the responsibility of ensuring that (s)he must immediately report the situation to his/her supervisor. Each employee is charged with the responsibility of ensuring that (s)he releases only information that should be made available to the general public. Violation of privileged information or use for private gain is just cause for discharge of the employee. Freedom of information and privacy laws are to be observed.
6. Use of property. Employees should not, directly or indirectly, use or allow the use of town property of any kind for other than official activities, without written permission of the department head.
7. Political activity.

(1) All employees are entitled to exercise their rights as citizens to express their opinions and to cast their votes.

(2) Employees may not:

(a) Use official authority or influence for the purpose of interfering with or affecting the result of an election or nomination for office.

(b) Directly or indirectly coerce, attempt to coerce, command or advise a state or local officer or employee to pay, lend or contribute anything of value to a party, committee, organization, agency or person for political purposes.

(c) Be a candidate for public elective office in a partisan election. Candidacy for political party office is not prohibited.

(d) Post political literature on town-owned property, nor shall they be permitted to campaign during work hours.

§ 43-56. Policy regarding appointments.

§ 43-57. Seeking political office.

§ 43-58. Permitted activities.

§ 99-15. Political activity.

1. It shall be the policy of the borough to encourage borough employees to exercise the rights and responsibilities of citizenship and to avoid those activities which conflict with their position as impartial public servants.
2. Nothing in this section shall be construed to prevent borough employees from:

(1) Becoming or continuing to be members of any political party, club/or organization.

(2) Attending political meetings.

(3) Participation in local or state public referenda campaigns.

(4) Expressing their views on political matters outside of working hours and off borough premises.

(5) Exercising their rights at the ballot box.

3. Borough employees, other than elected officials, are prohibited from participating in the following partisan political activities:

(1) Seeking or accepting partisan nomination for a municipal elective office without first obtaining a leave of absence.

(2) Managing a municipal political campaign.

(3) Using public office, position, property or supplies to aid, hinder or influence the election of any candidate for public office.

(4) Soliciting or receiving contributions for any partisan political purpose.

(5) Circulating petitions or publicly campaigning on behalf of any candidate or working at the polls in connection with any municipal primary or general election.

(6) Holding office of any kind in a political party.

§ 43-13. Political activity.

1. No public official or public employee shall require any public employee to engage in any campaign activities related to the election of any candidate or candidates.
2. No public official or public employee shall use any public property, material or resources on behalf of any political party, political committee, candidate or candidates or use his or her official authority for the purpose of interfering with an election or affecting the results thereof, except the Municipal Council Chambers upon written consent by the Manager. It is the intention that all political parties shall have equal access to the chambers as approved by the Manager.
3. No appointed official or public employee shall engage in any type of partisan political activity while at work or while the employee should be at work.
4. An appointed official or public employee who desires to undertake any partisan political activity restricted by this section may take a leave of absence from municipal employment without pay, thereby temporarily leaving the municipal payroll.

§ 75-13. Political activity.

1. Policy. It shall be the policy of the city to appoint all employees, either classified or unclassified, without regard to political considerations. For the purposes of this section, "city employees" are defined to include full-time, temporary, probationary, seasonal or part-time personnel appointed by the city receiving an annual or hourly reimbursement for their services from the city.
2. Certain political activities prohibited.

(1) City employees shall not engage in any political activities during working hours or on city property.

(2) No person shall demand payment or contribution from city employees for campaign purposes.

(3) City employees whose principal employment is in connection with any activity financed in whole or in part by loans or grants made by the United States or by any federal agency may also be subject to the restrictions of the Federal Hatch Act applying to political activity which is partisan.

3. Rights reserved. Nothing in this section shall be construed to prevent city employees from becoming or continuing to be members of any political party, club or organization or attending political meetings; expressing their views on political matters outside of working hours and off city property; circulating petitions on public questions or voting with complete freedom in any election; nor to prevent an elective officer from campaigning.

§ 21-8. Restricted political activity.

1. It shall be unlawful for any appointed officer or employee to use the prestige, power or influence of his position on behalf of any political party or for any political cause.
2. No appointed officer and no employee shall, orally, by letter or otherwise, solicit or be in any manner concerned in soliciting any assessment, subscription or contribution to any political party, nor shall he be a party to such solicitation by another.
3. No elected or appointed officer and no employee shall promise an appointment to any borough position as a reward for any political activity or remove or threaten the removal of another officer or employee for failure to participate in political activity.