[HISTORY: Adopted by the Township Committee
of the Township of Hazlet 9-6-2005 by Ord. No. 1335-05. Amendments noted
where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 82.
This chapter shall be known and cited as the
"Local Campaign Financing Reform Regulations."
The purpose of this chapter is to regulate the
financing of campaigns for local political office to restore the public
trust.
As used in this chapter, the following terms
shall have the meanings indicated:
Any agency, board or commission which derives its authority
from or through the Township of Hazlet, and shall include the Planning
Board, the Zoning Board of Adjustment, the Sewerage Authority, the
Board of Recreation Commissioners and the Rent Control Commission.
It shall not include the Board of Education.[1]
Any natural or legal person, business corporation, professional
services corporation, limited liability company, partnership, limited
partnership, business trust, association or any other legal commercial
entity organized under the laws of this state.
A committee established pursuant to subsection a. of Section
9 of P.L. 1973, c. 83, codified at N.J.S.A. 19:44A-9, for the purpose
of receiving contributions and making expenditures.
Money or things of value including in-kind contributions.
At a minimum, that the contract shall be: publicly advertised
in newspapers or on the internet website maintained by the public
entity in sufficient time to give notice in advance of the contract;
awarded under a process that provides for public solicitation of proposals
or qualifications and awarded and disclosed under criteria established
in writing by the public entity prior to the solicitation of proposals
or qualifications; and publicly opened and announced when awarded.
The decision of a public entity as to what constitutes a fair and
open process shall be final.
The ownership or control of more than 10% of the profits,
assets or stock of a business entity.
A.Â
The Township of Hazlet, or any agency or instrumentality
thereof, shall not enter into a contract having an anticipated value
in excess of $17,500, as determined in advance and certified in writing
by the Chief Financial Officer of the Township of Hazlet or the responsible
officer of any agency or instrumentality thereof, with a business
entity, except a contract that is awarded pursuant to a fair and open
process, if during the preceding one-year period, that business entity
has made a contribution that is reportable by the recipient under
P.L. 1973, c.83 (N.J.S.A. 19:44A-1 et seq.), to any municipal committee
of a political party in the Township of Hazlet if a member of that
political party is serving on the Township Committee of the Township
of Hazlet when the contract is awarded or to any candidate committee
of any person serving on the Township Committee of the Township of
Hazlet when the contract is awarded; and a business entity that has
entered into a contract having an anticipated value in excess of $17,500
with the Township of Hazlet, or any agency or instrumentality thereof,
except a contract that is awarded pursuant to a fair and open process,
shall not make such a contribution, reportable by the recipient under
P.L. 1973, c.83 (N.J.S.A. 19:44A-1 et seq.), to any municipal committee
of a political party in the Township of Hazlet if a member of that
political party is serving on the Township Committee of the Township
of Hazlet when the contract is awarded, or to any candidate committee
of any person serving on the Township Committee of the Township of
Hazlet when the contract is awarded during the term of that contract.
B.Â
No such committee shall accept a contribution from
a business entity during the term of the entity's contract with the
Township of Hazlet or an agency or instrumentality thereof.
When a business entity is a natural person,
a contribution by that person's spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity. When
a business entity is other than a natural person, a contribution by
any person or other business entity having an interest therein shall
be deemed to be a contribution by the business entity.
If a
business entity makes a contribution that would cause it to be ineligible
to receive a public contract or, in the case of a contribution made
during the term of a public contract, that would constitute a violation
of this act, the business entity may request, in writing, within 60
days of the date on which the contribution was made, that the recipient
thereof repay the contribution and, if repayment is received within
those 60 days, the business entity would again be eligible to receive
a contract or would no longer be in violation, as appropriate.
Prior to taking his or her oath of office as
a member of the Township Committee, a person must swear or affirm
that he or she has not knowingly accepted any contribution in violation
of this chapter and that he or she has no knowledge that any municipal
committee of any political party or any candidate committee acting
on his or her behalf has accepted any contribution in violation of
this chapter. If a person falsely so swears or affirms, he or she
may be removed from office pursuant to an order of a court of competent
jurisdiction.
Prior to awarding any contract, except a contract
that is awarded pursuant to a fair and open process, the Township
of Hazlet, and any agency or instrumentality thereof, shall require
the business entity to which the contract is to be awarded to provide
a written certification that it has not made a contribution that would
bar the award of a contract pursuant to this chapter. If a business
entity falsely certifies, the Township, or any agency or instrumentality
thereof, after a hearing thereon, may terminate its contract or contracts
with that business entity.
This chapter shall take effect on September
9, 2005. Any contribution made prior to the effective date of this
chapter shall be permitted and shall not be regulated by this chapter.
