[HISTORY: Adopted by the Borough Council of the Borough of
Haledon 8-18-2011 by Ord. No. 8-4-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 18.
Officers and employees — See Ch. 43.
[1]
Editor's Note: This ordinance also repealed former Ch.
44, Pay to Play, adopted 12-16-2010 by Ord. No. 11-11-2010A.
As used in this chapter, the following terms shall have the
meanings indicated:
For purposes of this chapter, a business entity whose contributions
are regulated by this chapter means:
An individual, including the individual's spouse, and any
child/children;
A firm, corporation, professional corporation, partnership,
limited liability company, organization, association, and any other
manner and kind of business entity;
All partners or officers of such an entity, in the aggregate,
and their spouses and child/children;
Any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquired the right to receive, from a person described in Subsection A above, more than $100,000 in compensation or income of any kind (including, by way of illustration, and not limitation, wages, salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stock, stock options or gifts), in any twelve-month period prior to the award of, or during the term of, a contract subject to this chapter; and
i) Every candidate for Borough of Haledon elective municipal
office; ii) every candidate committee established by or for the benefit
of a candidate for Borough of Haledon elective municipal office; iii)
every joint candidates committee established in whole or in part by
or for the benefit of a candidate for Borough of Haledon elective
municipal office; iv) every political party committee of the Borough
of Haledon; v) every political party committee of the County of Passaic;
and vi) every political committee, continuing political committee,
or other form of association or organization that regularly engages
in the support of candidates for the Borough of Haledon municipal
or Passaic County elective offices or Borough of Haledon municipal
or Passaic County political parties or political party committees.
The terms in the foregoing paragraph have the meaning prescribed in
N.J.A.C. 19:25-1.7.
All contracts for professional services and extraordinary
unspecifiable services as such term is used in N.J.S.A. 40A:11-5.
Has the meaning prescribed in N.J.A.C. 19:25-1.7. By way
of illustration and not limitation, this definition includes pledges,
loans, and in-kind contributions.
A.
To the extent that it is not inconsistent with state or federal law,
the Borough of Haledon 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 defined
at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i) and/or
banking, insurance or other consulting service (hereinafter "professional
services"), nor "extraordinary unspecified services" as such term
is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5(1)(a)(ii)
and/or media, public relations, lobbying, parking garage management
or other consulting and/or management service (hereinafter "extraordinary
unspecified services") from any business entity if such business entity
has solicited or made any contribution to:
(1)
A candidate, candidate committee or joint candidates committee of
any candidate for elective municipal office in Haledon or a holder
of public office having ultimate responsibility for the award of a
contract; or
(2)
To any Haledon or Passaic County political committee or political
party committee; or
(3)
To any continuing political committee or political action committee that regularly engages in the support of Haledon municipal or Passaic County elections and/or Haledon municipal or Passaic County candidates, candidate committees, joint candidates committees, political committees, political parties, political party committees (hereinafter "PACs"), in excess of the thresholds specified in Subsection C within one calendar year immediately preceding the date of the contract or agreement.
B.
No business entity who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement with the Borough of Haledon or any of its departments or instrumentalities, for the rendition of professional services or extraordinary unspecified services shall knowingly solicit or make any contribution in excess of the thresholds specified in Subsection C to:
(1)
A candidate, candidate committee or joint candidates committee of
any candidate for elective municipal office in Haledon, or a holder
of public office having ultimate responsibility for the award of a
contract; or
(2)
To any Haledon or Passaic County political committee or political
party committee; or
(3)
Any PAC between the time of first communication between that business
entity and the municipality regarding a specific agreement for professional
services or extraordinary unspecified services and the later of the
termination of negotiations or rejection of any proposal, or the completion
of the performance or specified time period of that contract or agreement.
C.
The monetary thresholds of this chapter are i) a maximum of $300 per calendar year each for any purpose to any candidate or candidate committee for mayor or governing body or $500 per calendar year to any joint candidates committee for mayor or governing body or $300 per calendar year to a political committee or political party committee of the Borough of Haledon; ii) $500 maximum per calendar year to a Passaic County political committee or political party committee; and iii) $500 maximum per calendar year to any PAC. However, for each business entity party to a contract for professional or extraordinary unspecified services as defined in § 44-2A or engaged in negotiations for a contract defined in § 44-2A, when such business entity's contribution is aggregated with all "persons" defined in the definition of "business entity" in § 44-1 above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Borough of Haledon candidates, candidate committees, joint candidates committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of Haledon or Passaic County political committees and political party committees as described herein combined, without violating Subsection A or B of this section.
D.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be the
Borough of Haledon Mayor or governing body, if the contract requires
approval or appropriation from the Mayor or governing body, or the
Mayor of the Borough of Haledon, if the contract requires approval
of the Mayor, or if a public officer who is responsible for the award
of a contract is appointed by the Mayor.
E.
Rules regarding subcontractors. No person may be awarded a subcontract to perform under a contract subject to this chapter if the subcontractor would be disqualified by Subsection A from receiving the contract at the time that the subcontract is awarded. Nor may any person who would be disqualified by Subsection A from receiving the contract perform substantially all of obligations described in a contract for professional or extraordinary services that is subject to this chapter.
No contribution or solicitation of contributions made prior
to the effective date of this chapter shall be deemed to give rise
to a violation of this chapter.
No contract subject to this chapter may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this chapter
if it were an initial contract.
A.
Prior to awarding any contract or agreement to procure professional services or extraordinary unspecified services from any business entity, the Borough of Haledon or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said business entity which is the intended recipient of said contract that he/she/it has not made a contribution in violation of § 44-2 of this chapter. The Borough of Haledon, its purchasing agents and departments shall be responsible for informing the governing body that the aforementioned sworn statement has been received and that the business entity is not in violation of this chapter, prior to awarding the contract or agreement.
B.
A business entity shall have a continuing duty to report to the Borough
of Haledon any contributions that constitute a violation of this chapter
that are made during the negotiation, proposal process or the duration
of a contract. The Borough of Haledon, its purchasing agents and departments
shall be responsible for informing the governing body within 10 business
days after receipt of said report from the business entity or at the
next governing body meeting following receipt of said report from
the business entity, or whichever comes first.
C.
The certification required under this section shall be made prior
to entry into the contract or agreement with the Borough of Haledon
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.
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of § 44-2 of this section if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the municipality in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
The contribution limitations prior to entering into a contract in § 44-2A do not apply to contracts which i) 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 ii) 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 Haledon
agreement or contract for professional services or extraordinary unspecified
services when a business entity that is a party to such agreement
or contract has:
(1)
Made or solicited a contribution in violation of this chapter;
(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, candidate committee
or joint candidates committee of any candidate for elective municipal
office in Haledon; a holder of public office having ultimate responsibility
for the award of a contract; any Haledon or Passaic County political
committee or 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 chapter;
(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 chapter; 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 chapter.
B.
Furthermore, any business entity that violates Subsection A shall be disqualified from eligibility for future Borough of Haledon contracts for a period of four calendar years from the date of the violation.
C.
Any person who knowingly, purposely, or recklessly violates any provision
of this chapter or who conspires with another person to violate any
provision of this chapter or who, with the purpose of promoting or
facilitating a violation of this chapter, solicits another person
to commit it, or aids or agrees or attempts to aid another person
in planning or committing it, shall be subject to punishment including
fines and/or imprisonment as fixed by law for violations of the ordinances
of the Borough of Haledon.
In addition to any rights that were heretofore available, or
which may hereafter be available, to citizens, taxpayers, or associations
to challenge violations of this chapter, every person aggrieved by
a violation of the ordinance, or any taxpayer or resident of the Borough
of Haledon has the right, consistent with the Rules of Court, to file
charges in a court of competent jurisdiction and/or to pursue a civil
action for a violation of this chapter in a court of competent jurisdiction
and to seek and obtain declaratory, injunctive, or other legal or
equitable relief, including but not limited to attorneys fees and
costs, arising from or related to a violation of this chapter.
The monetary thresholds of the definition of "business entity" in § 44-1 and § 44-2C of this chapter shall be increased effective March 1 of each calendar year by the percentage increase, in the prior calendar year, of the consumer price index for all urban consumers (CPI-U) for the New York-Northern New Jersey-Long Island region, rounded to the nearest $10. The Clerk of the Borough of Haledon shall, by no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper.
