[HISTORY: Adopted by the Mayor and Council
of the Borough of Highland Park as indicated in article histories.
Amendments noted where applicable.]
[Adopted 10-17-2006 by Ord. No. 1704 (§ 2-46
of the 1987 Code)]
A.
Any other provision of law to the contrary notwithstanding,
the Mayor and Borough Council of the Borough of Highland Park, its
departments, instrumentalities, or independent authorities, and the
purchasing agents or agencies of the foregoing shall not enter into
or amend, extend, or modify an agreement or contract with any redeveloper
for the planning, replanning, construction or undertaking of any redevelopment
project, including the acquisition or leasing of any public property
in conjunction with the redevelopment of any area within the Borough
of Highland Park pursuant to the Local Redevelopment and Housing Law,
if that redeveloper has solicited or made any contribution during
the applicable time period as specified below, to: a candidate, candidate
committee, or joint candidates committee of any candidate for elective
municipal office in the Borough of Highland Park; a holder of public
office having ultimate responsibility for the award of a redevelopment
agreement; or any political action committee (hereinafter PAC) that
regularly engages in the support of Borough of Highland Park municipal
or Middlesex County elections and/or Borough of Highland Park or Middlesex
County political parties. If, however, any of the foregoing has received
a contribution during the applicable time period from a presumptive
redeveloper who is an owner of property at the time the property was
determined as an area in need of redevelopment, the local official
shall be required to return said contribution. For purposes of this
article, the "applicable time period" shall be defined as the time
period between the date that the property which is the subject of
the redevelopment project has been included in a memorializing resolution
adopted by the governing body directing the Planning Board to conduct
a preliminary investigation to determine if the site is in need of
redevelopment pursuant to and in accordance with the New Jersey Local
Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., and the
date of entering into the redevelopment agreement, or the 12 months
prior to entering into the agreement, whichever is shorter.
B.
All redevelopment agreements or amendments thereto entered into by the Mayor and Borough Council of the Borough of Highland Park shall contain a provision prohibiting redevelopers as defined in Subsection C from soliciting or making any contribution to a candidate, candidate committee, or joint candidates committee of any candidate for elective municipal office in the Borough of Highland Park; a holder of public office having ultimate responsibility for the award of a redevelopment agreement; or any PAC.
C.
As defined in this article, a "redeveloper" means:
(1)
Any
person, firm, corporation or public body that shall enter into or
propose to enter into a contract with a municipality or other redevelopment
entity for the redevelopment or rehabilitation of an area in need
of redevelopment, or an area in need of rehabilitation, or any part
thereof, under the provisions of this act, or for any construction
or other work forming part of a redevelopment or rehabilitation project;
D.
For the purposes of this article, the holder of public
office having ultimate responsibility for the award of a redevelopment
agreement is:
(1)
The Borough Council of Borough of Highland Park Council
and each of its members (without regard to such member's vote on any
aspect of a redevelopment agreement) if the redevelopment agreement
requires approval or appropriation from the Council or from a public
officer appointed by Council; or
(2)
The Mayor of Borough of Highland Park if the redevelopment
agreement requires the approval of the Mayor or a public officer appointed
by the Mayor; or
(3)
A designated redevelopment entity, if the redevelopment
agreement requires the approval of the redevelopment entity.
No solicitation or contribution made by a redeveloper or consultant as defined in §§ 150-1C and 150-4, respectively, shall be deemed a violation of this article if that contribution or agreement was made by the redeveloper or consultant prior to the effective date of this article which shall be January 2, 2007.
A.
It shall be the municipality's continuing responsibility
to give notice to this article when the municipality gives notice
of redevelopment pursuant to N.J.S.A. 40A:12A-6 and when the municipality
adopts a resolution directing the Planning Board to prepare a redevelopment
plan and at the time that the municipality adopts the ordinance to
implement the redevelopment plan.
B.
Prior to arranging and entering into the redevelopment agreement with any redeveloper, the Borough of Highland Park or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in violation of § 150-1A above. Furthermore, the redeveloper shall have a continuing duty to report any violations of this article that may occur while arranging and entering into the redevelopment agreement, and until all specified terms of the agreement have been completed. The certification required under this section shall be made prior to entry into the agreement with the municipality and shall be in addition to any other certifications that may be required by any other provision of law.
A redeveloper or consultant may cure a violation of § 150-1 of this article, and shall not be deemed to be in violation thereof if, within 30 days after the cited violation, the redeveloper notifies the Municipal Council in writing and seeks and receives reimbursement of a contribution from the municipal candidate or municipal or county political party or PAC referenced in this article.
A.
It shall be a breach of the terms of the Borough of
Highland Park redevelopment agreement if it is demonstrated by a preponderance
of the evidence that such redeveloper has:
(1)
Made
or solicited a contribution in violation of this article;
(2)
Purposely,
knowingly or recklessly concealed or misrepresented a contribution
given or received;
(3)
Made
or solicited contributions through intermediaries for the purpose
of concealing or misrepresenting the source of the contribution;
(4)
Made
or solicited 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 Borough of Highland Park;
(5)
Engaged
or employed 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 redeveloper itself, would subject
that entity to the restrictions of this article;
(6)
Funded
contributions made by third parties, including consultants, attorneys,
family members, and employee;
(7)
Engaged
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, done any act
which would subject that entity to the restrictions of this article.
[Adopted 11-1-2006 by Ord. No. 1705 (§ 2-43
of the 1987 Code)]
[Amended 10-16-2007 by Ord. No. 07-1731]
A.
To the extent that it is not inconsistent with state or federal law, the Borough of Highland Park and any of its departments, instrumentalities or purchasing agents shall not enter into any agreement or otherwise contract to procure "professional services" as such term is used at N.J.S.A. 40A:11-5(1)(a)(i) and/or banking, insurance or other consulting service (hereinafter "professional services") from any professional business entity if such professional business entity has solicited or made any contribution (as such term is defined at N.J.A.C. 19:25-1.7, which definition includes loans, pledges and in-kind contributions) (hereinafter "contribution"), to: a candidate or joint candidate(s) committee of any candidate for elective municipal office in Borough of Highland Park or a holder of public office having ultimate responsibility for the award of a contract; or to any Borough of Highland Park or Middlesex County Political Party Committee; or to any political action committee that regularly engages in the support of Borough of Highland Park municipal or Middlesex County elections and/or Borough of Highland Park municipal or Middlesex County political parties or Borough of Highland Park municipal or Middlesex County political party committees (hereinafter "PAC"), in excess of the thresholds specified in Subsection D within one calendar year immediately preceding the date of the contract or agreement.
B.
No professional business entity who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement with the Borough of Highland Park or any of its departments or instrumentalities, for the rendition of professional services shall knowingly solicit or make any contribution, in excess of the thresholds specified in Subsection D to: a candidate or joint candidate(s) committee of any candidate for elective municipal office in Borough of Highland Park or holder of public office having ultimate responsibility for the award of a contract; or to any Borough of Highland Park or Middlesex County political party committee; or to any political action committee ("PAC") that regularly engages in the support of Borough of Highland Park municipal or Middlesex County elections and/or Borough of Highland Park municipal or Middlesex County political parties or Borough of Highland Park municipal or Middlesex County political party committees, between the time of first communication between that professional business entity and the municipality regarding a specific agreement for professional services and the later of the termination of negotiations or rejection of any proposal, or the completion of the performance of that contract or agreement.
C.
For purposes of this article, a "professional business entity" whose contributions are regulated by Subsections A and B hereof means:
[Amended 9-16-2008 by Ord. No. 08-1742]
(1)
An
individual including the individual's spouse, and any child living
at home;
(2)
A firm;
corporation; professional corporation; partnership; limited liability
company; organization; association; or any other manner and kind of
business entity;
(4)
All
partners or officers of such an entity, in the aggregate, and their
spouses and any child living at home; and
D.
The monetary thresholds of this article are: a maximum of $300 for any purpose to any candidate for mayor or Borough Council, or $300 to a Borough of Highland Park political party committee; $500 to a Middlesex County political party committee or to any PAC. However, any group of persons meeting the definition provided in Subsection C above of "professional business entity" may not annually contribute for any purpose in excess of $2,500 to all Borough of Highland Park candidates and officeholders with ultimate responsibility for the award of the contract and all Borough of Highland Park or Middlesex County political party committees and PACs combined, without violating Subsection A of this section.
[Amended 9-16-2008 by Ord. No. 08-1742]
E.
For purposes of this article, the office that is considered
to have ultimate responsibility for the award of the contract shall
be:
[Amended 9-16-2008 by Ord. No. 08-1742]
(1)
The Council of the Borough of Highland Park, if the
contract requires approval or appropriation from the Borough Council
or a public officer who is responsible for the award of a contract
if that public officer is appointed by the Council.
(2)
The Mayor of the Borough of Highland Park, if the
contract requires approval of the Mayor, or a public officer who is
responsible for the award of a contract if that public officer is
appointed by the Mayor.
[Amended 12-19-2006 by Ord. No. 1711]
No solicitation or contribution made by a redeveloper or consultant as defined in § 150-1, respectively, shall be deemed a violation of this article if that contribution or agreement was made by the redeveloper or consultant prior to the effective date of this article which shall be January 2, 2007.
[Amended 9-16-2008 by Ord. No. 08-1742]
A.
Prior to awarding any contract or agreement to procure services, including professional, banking, insurance, and consulting services, from any professional business entity the Borough of Highland Park or its purchasing agents and departments, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the professional business entity has not made a contribution in violation of § 150-6 of this article.
B.
The professional business entity shall have a continuing
duty to update said statement during the negotiation, proposal process
or duration of a contract. The certification required under this section
shall be made prior to entry into the contract or agreement with the
Borough of Highland Park or prior to the provision of services or
goods, as the case may be, and shall be in addition to any other certifications
that may be required by any other provision of law.
[Amended 9-16-2008 by Ord. No. 08-1742]
A professional business entity may cure a violation of § 150-6 of this article, if, within 30 days after receiving a notice of the violation from the Borough, the professional business entity notifies the Borough Council in writing and seeks and receives reimbursement of a contribution from the municipal candidate or municipal or county political party or PAC referenced in this article.
[Amended 9-16-2008 by Ord. No. 08-1742]
The limitations set forth in § 150-6A do not apply to contracts which: are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4; or are awarded in the case of emergency under N.J.S.A. 40A:11-6. There is no exemption for contracts awarded pursuant to a fair and open process under N.J.S.A. 19:44A-20 et seq.
A.
It shall be a material breach of the terms of a Borough
of Highland Park agreement or contract for professional services when
a recipient of such agreement or contract has:
(1)
Made
or solicited a contribution in violation of this article;
(2)
Knowingly
concealed or misrepresented a contribution given or received;
(3)
Made
or solicited contributions through intermediaries for the purpose
of concealing or misrepresenting the source of the contribution;
(4)
Made
or solicited any contribution on the condition or with the agreement
that it will be recontributed to a candidate or joint candidates committee
of any candidate for elective municipal office in Borough of Highland
Park or any Borough of Highland Park or Middlesex County political
party committee, or any PAC;
(5)
Engaged
or employed 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 professional business entity itself,
would subject that entity to the restrictions of this article;
(6)
Funded
contributions made by third parties, including consultants, attorneys,
family members, and employees;
(7)
Engaged
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, done any act
which if done directly would subject that entity to the restrictions
of this article.