[HISTORY: Adopted by the Mayor and Council
of the Borough of Newfield 12-13-2005 by Ord. No. 2005-11. Amendments noted
where applicable.]
GENERAL REFERENCES
Purchasing — See Ch. 51.
A.
Any other provision of the law to the contrary notwithstanding,
the Borough, or any agency or instrumentality thereof, shall not enter
into a contract having an anticipated value in excess of the threshold
established under N.J.S.A. 40A:11-3a, as determined in advance and
certified in writing by the Borough, agency or instrumentality with
a business entity that has made political contribution that is reportable
by the receipt under N.J.S.A. 19:44A-1 et seq. to any municipal committee
of a political party in that municipality 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; and a business entity that has entered into
a contract having an anticipated value in excess of the threshold
established under N.J.S.A. 40A:11-3a with the Borough 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 municipal
committee of a political party in the Borough if a member of that
political party is serving in an elective public office of the Borough
when the contract is awarded or to any candidate committee of any
person serving in an elective public office of the Borough when the
contract is awarded, during the term of that contract.[1]
B.
When evaluating whether or not a person or business
entity has made a contribution, the following will be considered:
If made by a natural person, a contribution by that person's spouse
or child, residing therewith, shall be deemed to be a contribution
by that person; made by a business entity, a contribution by any person
or other business entity having an interest in said business entity
shall be deemed to be a contribution by the business entity.
C.
BUSINESS ENTITY
INTEREST
When using the terms "business entity" and "interest,"
the following definitions shall be utilized:
Any natural or legal person, business corporation, professional
services corporation, limited liability company, partnership, limited
partnership, business trust, association or any legal commercial entity
organized under the laws of this state or 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 a stock in the case of a
business entity that is a corporation for profit.
A.
Any professional service entity or other business entity providing services to the Borough of Newfield shall be subject to a fair and open process. That fair and open process shall be set forth in Subsection B below which shall establish a criteria for the fair and open process.
B.
The fair and open process established by the Borough
of Newfield shall require the following:
(1)
Any professional position or service contract not
subject to bidding that shall expire as of December 31 of that calendar
year shall be advertised by the Mayor's office, appointing authority
or Board as the case may be, in the official newspaper of the Borough
of Newfield for publication of notices, and published on the Borough's
website, not later than December 10. The published notice shall set
forth the name of the position or contract which is to become open,
and set forth the criteria to be considered and materials required
to be submitted by the applicant.
(2)
Should the applicant be a professional requiring licensure
in the State of New Jersey, said applicant shall be licensed for a
period not less than five years.
(3)
The applicant shall submit a "Certificate of Good
Standing" or other similar document evidencing that the professional's
license is not presently suspended or revoked.
(4)
The applicant shall submit a resume which shall set
forth information including but not limited to the following (as applicable
to a business entity or individual professional):
(a)
Full name and business address;
(b)
A listing of all post high school education
of the applicant;
(c)
Dates of licensure in the State of New Jersey
and any other state;
(d)
A listing of any professional affiliations or
memberships in any professional societies or organizations, with an
indication as to any offices held therein;
(e)
The number of licensed professionals employed
by/affiliated with the business entity or the business entity which
employs the applicant;
(f)
A listing of all special accreditations held
by the individual licensed professional or business entity;
(g)
A listing of all previous or current public
entities served by the business entity or licensed professional, indicating
the dates of services and position held.
C.
The Mayor, appointing authority or Board shall thereafter
select the professional or business entity for the position so advertised
which shall thereafter be confirmed or approved as required by law
or ordinance.
Should it be determined that a violation of
this chapter has occurred, the person or business entity as defined
herein shall receive written notice of the violation from the Borough
Clerk by regular mail at the address of the business entity. The violator
is entitled to a due process hearing as to the alleged violation.
The hearing officer shall be a retired judge of the Superior Court
of the State of New Jersey, designated by Borough Council in the case
of Council of Planning Board appointees or by the Mayor in the case
of Mayoral appointees.
Nothing in this chapter shall be construed as
affecting the ability of any business entity to perform a public contract
if that entity made a contribution to any committee during a period
of one year immediately preceding the effective date of this chapter.
