[HISTORY: Adopted by the Mayor and Council
of the Borough of Hopatcong as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-2-1974]
[Amended 2-22-1989 by Ord. No. 5-89]
There is hereby created a fund or account to
be known or designated as the "Borough of Hopatcong Trust Account."
Disbursement from said account shall be made by checks signed by the
Chief Financial Officer and countersigned by the Mayor and Clerk after
approval by the governing body.
Whenever any person, firm or corporation has
agreed, or is otherwise required, to reimburse the Borough of Hopatcong
for costs, expenses or fees of any kind or character, all sums paid
by any such third person to the Borough of Hopatcong shall be deposited
in the trust account herein established. Funds received from such
third persons may be to cover such things as the following enumerated
costs, expenses or fees but not limited thereto: the costs of preparing
and publishing any notice, ordinance or resolution; the costs of mailing
notices required pursuant to the provisions of any law or ordinance;
the legal fees of the Municipal Attorney or the attorney for the Planning
Board or any other local agency incurred by reason of preparation
of papers, ordinances, attendance at conferences or other services;
the fees of the Borough Engineer incurred by reason of making inspections
required by the governing body, Planning Board or other official body
or made pursuant to the provision of any ordinance, or for the preparation
of plans or other services required by the Borough; the fees of the
Borough Planning Consultant for consultations or special planning
work required in connection with any proposed development of land
within the Borough of Hopatcong; and the fees, expenses or charges
or the estimated pro rata costs to the Borough for any services rendered
by any Borough official or employee, all as directed by the governing
body under circumstances where the Borough of Hopatcong is entitled
to be reimbursed for the costs, expenses and charges incurred by it
in connection therewith.
Except where there is a specific ordinance requirement
as to the amount of any deposit, the governing body shall, by resolution,
detail the services to be performed by any of said Borough officials
or employees and shall obtain an estimate of the costs of such services,
and of all other charges or costs which may be involved. Said resolution
shall provide the sum which shall be deposited by the third person,
firm or corporation as agreed with the governing body, and all terms
and conditions relating thereto. Said amount, upon receipt, shall
be deposited in the trust account and shall be disbursed therefrom
only as may be directed by the governing body.
[Amended 2-22-1989 by Ord. No. 5-89]
Upon deposit of said sum or sums as directed
by the governing body in the trust account, the officers or employees
of the Borough who have been so designated or directed may proceed
to perform such services or incur such costs or expenses as may be
necessary for the carrying out of the contemplated purposes, and thereafter,
upon receipt of proper vouchers and approval by the governing body
the costs, expenses or fees for which vouchers have been submitted
and approved shall be paid out of said account. Any funds remaining
after the payment of all costs, expenses or fees in connection with
any particular matter or project may be returned to the person, firm
or corporation depositing said funds. Should there be insufficient
funds in said trust account to pay all such expenses, charges or fees,
the Municipal Chief Financial Officer and/or Clerk shall immediately
notify the depositor and require that additional funds sufficient
to pay all such expenses, charges or fees be immediately deposited
with the Borough of Hopatcong.
[Adopted 9-7-2011 by Ord. No. 24-2011]
As used in this article, the following terms shall have the
meanings indicated:
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
Every candidate for Borough of Hopatcong elective municipal
office;
Every candidate committee established by or for the benefit
of a candidate for Borough of Hopatcong elective municipal office;
Every joint candidate committee established in whole or in part
by or for the benefit of a candidate for Borough of Hopatcong elective
municipal office;
Every political party committee of the Borough of Hopatcong;
and
Every political party committee of the County of Sussex. 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 Hopatcong 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)
Any candidate for Borough of Hopatcong elective municipal office;
(2)
Any candidate committee established by or for the benefit of a candidate
for Borough of Hopatcong elective municipal office;
(3)
Any joint candidate committee established in whole or in part by
or for the benefit of a candidate for Borough of Hopatcong elective
municipal office;
(4)
Any political party committee of the Borough of Hopatcong; and
B.
No business entity who submits a proposal for, enters into negotiations
for, or agrees to any contract or agreement with the Borough of Hopatcong
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 Borough of Hopatcong,
or a holder of public office having ultimate responsibility for the
award of a contract; or
(2)
To any Borough of Hopatcong or County of Sussex political committee
or political party committee 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 Hopatcong; and
(b)
A maximum of $500 per calendar year to a County of Sussex political
committee or political party committee.
(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 § 20-5, Definitions, above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Borough of Hopatcong candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of Hopatcong 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 Borough of Hopatcong 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 Hopatcong, 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 Hopatcong 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 § 20-6 of this article. The Borough of Hopatcong, its purchasing agents and departments shall be responsible for informing the Mayor and Council 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 Hopatcong any contributions that constitute a violation of this
act that are made during the negotiation, proposal process or the
duration of a contract. The Borough of Hopatcong, 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 Mayor and Council 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 Borough of Hopatcong,
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 § 20-6 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 § 20-6C do not apply to contracts which 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 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 Hopatcong
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 Borough of Hopatcong, or a holder of public office having
ultimate responsibility for the award of a contract, or any Borough
of Hopatcong or County of Sussex political committee or political
party committee;
(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 Hopatcong.
