Township of Evesham, NJ
Burlington County
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Table of Contents
Table of Contents
[Adopted 12-21-2010 by Ord. No. 32-12-2010[1]]
[1]
Editor’s Note: This ordinance also superseded former Art. II, Political Contributions by Entities Seeking Public Services Contracts, adopted 9-11-2007 by Ord. No. 20-9-2007, and provided that it be enforced in addition to the “Fair and Open” provisions in Ch. 27.
The Township of Evesham reaffirms the policy of the Township to set maximum dollar amounts that professional business entities may contribute politically, beyond which they become ineligible to receive a public professional service contract from the Township of Evesham, as well as the Township's policy to prohibit professional business entities which are performing or being paid under existing contracts with the Township from making political contributions in amounts that exceed the Township's limits on political contributions by professionals. The Township also hereby establishes a policy prohibiting the transfer or "wheeling" of political contributions by professionals to candidates or municipal political committees who are not affiliated with the Township of Evesham.
For purposes of this article, the terms used herein shall be given the broadest possible meaning in order to effectuate the policy objectives stated and adopted. Certain specific terms used shall have the following meanings:
CONTRIBUTING
The act of giving money or providing in-kind contributions to aid a municipal political candidate or any of the political committees or political entities otherwise referenced in this article.
CONTRIBUTING POLITICALLY
Shall have the same meaning as "contributing."
CONTRIBUTIONS
Shall be given the same meaning and use generally utilized by the Election Law Enforcement Commission of the State of New Jersey under the statutes and regulations governing that agency. The term shall include but not be limited to payments or donations of money and in-kind contributions.
PAC or PACS
The terms "PAC" or "PACs" are abbreviations for "political action committee" or "political action committees," respectively. The terms refer to organizations that regularly engage in, or whose primary purpose is, the support of municipal elections and/or municipal parties in excess of the thresholds specified in this article. The foregoing shall be limited to organizations and entities which support or oppose Evesham Township candidates for Mayor or Township Council, or which engage in political activities in support or opposition to candidates for Evesham Township Mayor or Evesham Township Council.
POLITICAL CONTRIBUTIONS
Has the same definition as "contributions," hereinabove.
PROFESSIONAL BUSINESS ENTITIES
A "professional business entity" seeking a public contract means individuals and firms engaged in the rendering of legal services, engineering services, survey work, architectural services, planning services, design services, financial consulting and other consulting work, auditing, accounting, appraisal services, insurance services and banking. If a professional business entity is an individual, the definition includes the individual and the individual's spouse, if any, and any child living at home. "Professional business entities" also include firms, corporations, professional corporations, partnerships, business organizations, and/or business associations who provide professional services, where those professional services are exempt from public bidding for public contracts pursuant to the Local Public Contracts Law.[1] As it relates to corporations, business trusts, partnerships, and subsidiaries directly controlled by a business entity, the definition of a business entity includes all principals who own 10% or more of the equity in the corporation or business trust, and includes all partners and officers in the aggregate employed by the entity and by any subsidiaries directly controlled by the business entity.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
The following prohibitions are imposed upon those individuals or entities seeking professional, banking or insurance contracts with the Township of Evesham:
A. 
Notwithstanding the provisions of any other law to the contrary, Evesham Township, its purchasing agents, boards, commissions or committees or agencies or those of its independent authorities, as the case may be, shall not enter into a professional services contract having an anticipated value in excess of $17,500, as determined in advance and certified in writing by the municipality, agency or instrumentality, 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 to any campaign committee of any Township of Evesham candidate or candidates or holder of public office having the ultimate responsibility for awarding of the contract or to any Evesham political party committee or to any municipal political action committee as defined in § 27-6 in excess of the threshold specified in Subsection D.
[Amended 3-18-2014 by Ord. No. 4-3-2014]
B. 
No professional business entity that has entered into a contract having an anticipated value in excess of $17,500 with Evesham Township, its purchasing agents, boards, commissions or committees or agencies or those of its independent authorities, as the case may be, except a contract that is awarded pursuant to a fair and open process, shall make a contribution to any campaign committee of any Township of Evesham candidate or candidates or holder of public office having the ultimate responsibility for awarding of the contract, or to any Evesham political party committee or to any municipal political action committee as defined in § 27-6 in excess of the threshold specified in Subsection D during the term of that contract.
[Amended 3-18-2014 by Ord. No. 4-3-2014]
C. 
For purposes of this article, a "professional business entity" seeking a public contract means an individual including the individual's spouse, if any, and any child living at home; person; firm; corporation; professional corporation; partnership; organization; or association. The definition of a business entity includes all principals who own 10% or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.
D. 
Any "professional business entity" under this section may contribute a maximum of $2,600 per election for any purpose to each candidate for Mayor and Council. Said entity may also contribute $7,200 annually to each Evesham Township political party committee and to any political action committees, as defined in this chapter, without violating Subsections A and B of this section. The figures identified herein shall mirror the contribution limits established by Title 19 of the Revised Statutes as may be amended from time to time by the state. When and if the state adjusts contribution limit figures, Evesham limits shall automatically adjust to remain consistent and legally compliant.
[Amended 3-18-2014 by Ord. No. 4-3-2014]
E. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be the Township Council of the Township of Evesham, if the contract requires approval or appropriation from the Council.
No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any municipal candidate for Mayor or Council, or municipal party committee or PAC referenced in this article shall be deemed a violation of this section, nor shall an agreement for property, goods, or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the professional business entity prior to the effective date of this section.
All Township of Evesham municipal candidates or municipal officeholders shall sign an acknowledgement statement at the time of submission of candidacy petitions to the Township of Evesham Clerk that they have received a copy of the Township of Evesham's Ordinance for Public Contracting ("Pay-to-Play") Reform.
A. 
Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional business entity, the Township or any of its purchasing agents or agencies or boards, commissions or committees, as the case may be, shall receive a certification from the professional business entity made that the bidder or offer or has not made a contribution in violation of § 27-5 of this article;
B. 
The professional business entity shall have a continuing duty to report any violations of this article that may occur during the negotiation or duration of a contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the Township and shall be in addition to any other certifications that may be required by any other provision of law.
A professional business entity or Township candidate or officeholder or municipal or county party committee or PAC referenced in this article may cure a violation of § 27-5 of this article; if, within 30 days after the general election, the professional business entity notifies the Township Council in writing and seeks and receives reimbursement of a contribution from the Township candidate or municipal political party or PAC referenced in this article.
A candidate for Mayor or Council shall not make a contribution to any other candidate committee or municipal party committee not affiliated with the Township of Evesham; nor shall any such candidate accept a contribution from any other candidate committee or municipal party committee not affiliated with the Township of Evesham.
A. 
It shall be a breach of the terms of the Evesham Township professional service agreement for a business entity to:
(1) 
Make or solicit a contribution in violation of this article;
(2) 
Knowingly conceal or misrepresent a contribution given or received;
(3) 
Make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;
(4) 
Make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee of any candidate or holder of the public office of Evesham Township;
(5) 
Engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the business entity itself, would subject that entity to the restrictions of this article;
(6) 
Fund contributions made by third parties, including consultants, attorneys, family members, and employees;
(7) 
Engage in any exchange of contributions to circumvent the intent of this article; or
(8) 
Directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this article.
B. 
Furthermore, any professional business entity who knowingly and willfully violates Subsection A(2) to (8) shall be disqualified from eligibility for future Evesham Township contracts for a period of five calendar years from the date of the violation.
This article shall be filed by the Township Clerk with the Secretary of State in compliance with N.J.S.A. 40A:11-51(c).