[Adopted 9-17-2011 by Ord. No. 1386]
As used in this article, the following terms shall have the
meanings indicated:
BUSINESS ENTITY whose contributions are regulated by this article
A.
An individual, including the individual's spouse and any
child/children;
B.
A firm, corporation, professional corporation, partnership,
limited liability company, organization, association, and any other
manner and kind of business entity;
C.
Any person who owns 10% or more of the equity or ownership or income interests in a person or entity as defined in Subsections
A and
B above and their spouses and child/children;
D.
All partners or officers of such an entity, in the aggregate,
and their spouses and child/children;
E.
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
F.
All persons who are an "affiliate" of a business entity as defined in Subsections
A,
B and
E above, as such term is used in 11 U.S.C. § 101(2).
CAMPAIGN COMMITTEE
A.
Every candidate for Borough of Stone Harbor elective municipal
office;
B.
Every candidate committee established by or for the benefit
of a candidate for Borough of Stone Harbor elective municipal office;
C.
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;
D.
Every political party committee of the Borough of Stone Harbor;
and
E.
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.
CONTRIBUTION
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.
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 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.
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.