[HISTORY: Adopted by the Township Council of the Township
of Manchester 3-13-2017 by Ord.
No. 17-005.[1]Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees – See Ch. 56.
Political fund-raising on public property – See Ch. 304.
[1]
Editor's Note: This ordinance also repealed former Ch. 69,
Political Contributions, adopted 7-26-2004 by Ord. No. 04-020.
The purpose of this chapter is to comply with and adopt the
provisions N.J.S.A. 19:44A-20.3 et seq.
As used in this chapter, unless otherwise noted, the following
terms shall have the meanings indicated, as delineated within N.J.S.A.
19:44A-20.7:
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 or of any other state
or foreign jurisdiction.
The ownership or control of more than 10% of the profits
or assets of a business entity or 10% of the stock in the case of
a business entity that is a corporation for profit, as appropriate.
A.
The Township of Manchester, and 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
Township, 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 N.J.S.A. 19:44A-1 et seq. to any Township committee
of a political party, if a member of that political party is serving
in an elective public office of Manchester when the contract is awarded,
or to any candidate committee of any person serving in an elective
public office of that municipality when the contract is awarded; and
B.
A business entity that has entered into a contract having an anticipated
value in excess of $17,500 with the Township of Manchester, 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 N.J.S.A. 19:44A-1 et seq., to any
Township committee of a political party if a member of that political
party is serving in an elective public office of that municipality
when the contract is awarded, or to any candidate committee of any
person serving in an elective public office of that municipality when
the contract is awarded during the term of that contract.
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. When a business entity is other
than a natural person, a contribution by: all principals, partners,
officers, or directors of the business entity or their spouses; any
subsidiaries directly or indirectly controlled by the business entity;
or any political organization organized under Section 527 of the Internal
Revenue Code that is directly or indirectly controlled by the business
entity, other than a candidate committee, election fund, or political
party committee, 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 the Pay to Play Acts, 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.
Nothing contained in this chapter shall be construed as prohibiting
the awarding of a contract when the public exigency requires the immediate
delivery of goods or performance of emergency services.
Prior to awarding any contract, except a contract that is awarded
pursuant to a fair and open process, the Township of Manchester 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. A
business entity shall have a continuing duty to report to the Election
Law Enforcement Commission any contributions that constitute a violation
of this chapter that are made during the duration of a contract.
Violations of this chapter shall result in penalties as prescribed
within N.J.S.A. 19:44A-20.10 and 19:44A-20.11.
