[Adopted 9-20-2011 by Ord. No. 2011-7]
As used in this article, the following terms shall have the
meanings indicated:
BUSINESS ENTITY
For purposes of this article, a business entity whose contributions
are regulated by this article means: i) an individual including the
individual's spouse, and any child/children; ii) a firm; corporation;
professional corporation; partnership; limited-liability company;
organization; association; and any other manner and kind of business
entity; iii) any person who owns 10% or more of the equity or ownership
or income interests in a person or entity as defined in Subsections
i) and ii) above and their spouses and child/children; iv) all partners
or officers of such an entity, in the aggregate, and their spouses
and child/children; v) 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 subparagraph i) 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 vi) all persons who are an affiliate of a business
entity as defined in Subsections i), ii) and v) above, as such term
is used in 11 U.S.C. 101(2).
CAMPAIGN COMMITTEE
i) Every candidate for Borough of Glen Gardner elective municipal
office; ii) every candidate committee established by or for the benefit
of a candidate for Borough of Glen Gardner elective municipal office;
iii) every joint candidate committee established in whole or in part
by or for the benefit of a candidate for Borough of Glen Gardner elective
municipal office; iv) every political party committee of the Borough
of Glen Gardner; v) every political party committee of the County
of Hunterdon; 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 Glen Gardner
municipal or County of Hunterdon elective offices or Borough of Glen
Gardner municipal or County of Hunterdon political parties or political
party committees. The terms in the foregoing paragraph have the meanings
prescribed in N.J.A.C. 19:25-1.7.
CONTRIBUTION
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 §
11-2 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.
The contribution limitations prior to entering into a contract in §
11-2A 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.
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 ordinance, or any taxpayer or resident of the Borough
of Glen Gardner 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 "Definitions" Section (d) and §
11-2C 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 New York-Northern New Jersey-Long Island region, rounded to the nearest $10. The Clerk of the Borough of Glen Gardner may prepare and publish the revised thresholds on the official municipal website and/or in an official municipal newspaper.