[HISTORY: Adopted by the Borough Council of the Borough of
Stone Harbor as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-17-2011 by Ord. No. 1386]
As used in this article, the following terms shall have the
meanings indicated:
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 or which 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 article; and
Every candidate for Borough of Stone Harbor elective municipal
office;
Every candidate committee established by or for the benefit
of a candidate for Borough of Stone Harbor elective municipal office;
Every joint candidate committee established in whole or in part
by or for the benefit of a candidate for Borough of Stone Harbor elective
municipal office;
Every political party committee of the Borough of Stone Harbor;
and
Every political committee, continuing political committee, or
other form of association or organization that regularly engages in
the support of candidates for Borough of Stone Harbor municipal or
Cape May County elective offices or Borough of Stone Harbor municipal
or Cape May County political parties or political party committees.
The terms in this subsection have the meanings prescribed in N.J.A.C.
19:25-1.7.
All contracts for "professional services" and "extraordinary
unspecifiable services," as such terms are 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 Stone Harbor 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 the Borough of Stone
Harbor or a holder of public office having ultimate responsibility
for the award of a contract;
(2)
Any Borough of Stone Harbor or Cape May County political committee
or political party committee; or
(3)
Any continuing political committee or political action committee
that regularly engages in the support of Borough of Stone Harbor municipal
or Cape May County elections and/or Borough of Stone Harbor municipal
or Cape May County candidates, candidate committees, joint candidate
committees, political committees, political parties, or political
party committees (hereinafter "PAC"), in excess of the thresholds
specified in § 30-1E, within one calendar year immediately
preceding the date of the contract or agreement.
B.
No business entity who or which submits a proposal for, enters into
negotiations for, or agrees to any contract or agreement with the
Borough of Stone Harbor or any of its departments or instrumentalities,
for the rendition of professional services or extraordinary unspecified
services, shall knowingly solicit or make any contribution to: (1)
a candidate, candidate committee or joint candidates' committee
of any candidate for elective municipal office in the Borough of Stone
Harbor or a holder of public office having ultimate responsibility
for the award of a contract; (2) any Borough of Stone Harbor or Cape
May 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.
Monetary thresholds.
(1)
The monetary thresholds of this article are:
(a)
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 Stone Harbor;
(b)
A maximum of $500 per calendar year to a Cape May County political
committee or political party committee; and
(c)
A maximum of $500 per calendar year to any PAC.
(2)
However, for each business entity party to a contract for professional or extraordinary unspecified services as defined in Subsection A, or engaged in negotiations for a contract defined in Subsection A, when such business entity's contribution is aggregated with all "persons" defined in § 30-1 above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Borough of Stone Harbor candidates, candidate committees, joint candidates' committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of Stone Harbor or Cape May County political committees and political party committees as described herein combined, without violating Subsection A 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:
(1)
The Borough of Stone Harbor Mayor or governing body, if the contract
requires approval or appropriation from the Mayor or governing body;
or
(2)
The Mayor of the Borough of Stone Harbor, 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 article 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 article.
No contribution or solicitation of contributions made prior
to the effective date of this article shall be deemed to give rise
to a violation of this article.
No contract subject to this article may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this article
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 Stone Harbor 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 § 30-2 of this article. The Borough of Stone Harbor, its purchasing agents and departments shall be responsible for informing the Mayor and Council of the Borough of Stone Harbor that the aforementioned sworn statement has been received and that the business entity is not in violation of this article, prior to awarding the contract or agreement.
B.
A business entity shall have a continuing duty to report to the Borough
of Stone Harbor any contributions that constitute a violation of this
article that are made during the negotiation, proposal process or
the duration of a contract. The Borough of Stone Harbor, 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 Borough of Stone Harbor Council meeting
following receipt of said report from the business entity, 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 Stone
Harbor, 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 § 30-2 of this article 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.
A.
It shall be a material breach of the terms of a Borough of Stone
Harbor 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 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, candidate committee
or joint candidates' committee of any candidate for elective
municipal office in the Borough of Stone Harbor, or a holder of public
office having ultimate responsibility for the award of a contract,
or any Borough of Stone Harbor or Cape May 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 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.
C.
Any person who knowingly, purposely, or recklessly violates any provision
of this article, or who conspires with another person to violate any
provision of this article, or who, with the purpose of promoting or
facilitating a violation of this article, 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 Stone Harbor.
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 article, every person aggrieved by
a violation of the article, or any taxpayer or resident of the Borough
of Stone Harbor, 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 article 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 article.
The monetary thresholds of the definition of "business entity" in § 30-1 and in § 30-2C of this article 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 Philadelphia region, rounded to the nearest $10. The Clerk of the Borough of Stone Harbor 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.