[HISTORY: Adopted by the Township Committee of the Township
of Sandyston as indicated in article histories. Amendments noted where
applicable.]
[Adopted 10-11-2011 by Ord. No. 2011-07]
As used in this article, the following terms shall have the
meanings indicated:
For purposes of this article, a business entity whose contributions
are regulated by this article 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 article; and
i) Every candidate for Township of Sandyston elective municipal
office; ii) every candidate committee established by or for the benefit
of a candidate for Township of Sandyston elective municipal office;
iii) every joint candidate committee established in whole or in part
by or for the benefit of a candidate for Township of Sandyston elective
municipal office; iv) every political party committee of the Township
of Sandyston; v) every political party committee of the Township of
Sandyston; 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 Township of Sandyston
municipal or Township of Sandyston elective offices or Township of
Sandyston municipal or County of Sussex political parties or political
party committees. The terms in the foregoing definition 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 Township of Sandyston 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 unspecifiable 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 unspecifiable services") from any business entity if such business entity has solicited or made any contribution to i) a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in the Township of Sandyston or a holder of public office having ultimate responsibility for the award of a contract or ii) to any Township of Sandyston or County of Sussex political committee or political party committee or iii) to any continuing political committee or political action committee that regularly engages in the support of Township of Sandyston municipal or County of Sussex elections and/or Township of Sandyston municipal or County of Sussex candidates, candidate committees, joint candidate committees, political committees, political parties, political party committees (hereinafter PAC), 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 Township of Sandyston
or any of its departments or instrumentalities for the rendition of
professional services or extraordinary unspecifiable 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 Township of Sandyston,
or a holder of public office having ultimate responsibility for the
award of a contract; or
(2)
Any Township of Sandyston or County of Sussex 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 unspecifiable 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 article 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 Township of Sandyston; ii) $500 maximum per calendar year to a County of Sussex 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 unspecifiable 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 the definition of "business entity" of § 5A-1, Definitions, above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Township of Sandyston candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Township of Sandyston or County of Sussex 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 Township of Sandyston Mayor or governing body, if the contract
requires approval or appropriation from the Mayor or governing body;
or
(2)
The Mayor of the Township of Sandyston, 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 unspecifiable services from any business entity, the Township of Sandyston 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 § 5A-2 of this article. The Township of Sandyston, its purchasing agents and departments shall be responsible for informing the Township Committee of the Township of Sandyston 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 Township
of Sandyston any contributions that constitute a violation of this
act that are made during the negotiation, the proposal process or
the duration of a contract. The Township of Sandyston, 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 Township Committee meeting following
receipt of said report from the business entity, or whichever comes
first.
C.
The certification required under this subsection shall be made prior
to entry into the contract or agreement with the Township of Sandyston
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 unspecifiable services may cure a violation of § 5A-2 of this article if, within 30 days after the date on which the applicable ELEC[1] 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.
[1]
Editor's Note: The New Jersey Election Law Enforcement Commission.
The contribution limitations prior to entering into a contract in § 5A-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 Township of Sandyston
agreement or contract for professional services or extraordinary unspecifiable
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 Township of Sandyston or a holder of public office having
ultimate responsibility for the award of a contract, or any Township
of Sandyston or County of Sussex 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 Township of Sandyston.
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 Township
of Sandyston 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, attorney's
fees and costs, arising from or related to a violation of this article.
The monetary thresholds of § 5A-1, Definitions, definition of "business entity," and § 5A-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 Municipal Clerk of the Township of Sandyston 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.