[HISTORY: Adopted by the Borough Council of the Borough of
Glen Rock 1-25-2017 by Ord. No.
1754[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
20 but was renumbered for organizational purposes.
As used in this chapter, the following terms shall have the
meanings indicated:
For purposes of this chapter only, a "business entity" whose
contributions are regulated by this chapter 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 chapter; and
Shall mean:
Every candidate for the Borough of Glen Rock elective municipal
office;
Every candidate committee established by or for the benefit
of a candidate for Borough of Glen Rock elective municipal office;
Every joint candidate committee established in whole or in part
by or for the benefit of a candidate for Borough of Glen Rock elective
municipal office;
Every political party committee of the Borough of Glen Rock;
Every political party committee of Bergen County;
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 Rock municipal or
Bergen County elective offices or Borough of Glen Rock municipal or
Bergen County political parties or political party committees.
The terms in the foregoing paragraphs 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 Glen Rock 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 services (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 (i) a candidate, candidate
committee or joint candidates committee of any candidate for elective
municipal office in the Borough of Glen Rock or a holder of public
office having ultimate responsibility for the award of a contract,
or (ii) to any Borough of Glen Rock or Bergen County political committee
or political party committee, or (iii) to any continuing political
committee or political action committee that regularly engages in
the support of the Borough of Glen Rock municipal or Bergen County
elections and/or Borough of Glen Rock municipal or Bergen County candidates,
candidate committees, joint candidate committees, political committees,
political parties, political party committees, (hereinafter "PAC"),
in excess of the threshold specified in Subsection G 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 Borough of Glen
Rock or any of its departments or instrumentalities, the rendition
of professional services or extraordinary unspecified services shall
knowingly solicit or make a contribution to, (i) a candidate, candidate
committee or joint candidates committee or any candidate for elective
municipal office in Borough of Glen Rock, or a holder of public office
having ultimate responsibility for the award of a contract, or (ii)
to any Borough of Glen Rock or Bergen County political committee or
political party committee, or (iii) any PAC between the time of first
communications with the business entity and the municipality regarding
a specific agreement for professional services or extraordinary unspecified
services, and the later or the termination of negotiations or rejection
of any proposal, or the completion of the performance or specified
time period of that contract agreement.
C.
The monetary thresholds of the chapter 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 committees for mayor or governing body, or $300 per calendar year to a political committee or political party committee of the Borough of Glen Rock; (ii) $500 maximum per calendar year to a Bergen County political committee or a 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 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 § 7-1, Definitions, above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Borough of Glen Rock candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of Glen Rock or Bergen 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 (i) the Borough
of Glen Rock Mayor or governing body, if the contract requires approval
or appropriation from the Mayor or governing body, or (ii) the Mayor
of the Borough of Glen Rock 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 chapter, 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 the obligations described in a contract for professional or extraordinary services that is subject to this chapter.
No contribution of money or any other thing of value, including
in-kind contributions, made by a professional business entity to any
municipal candidate for Mayor or Council, or municipal or county party
committee or PAC referenced in this chapter shall be deemed a violation
of this section, nor shall an agreement for property, goods or services
of any kind whatsoever be disqualified thereby, if that contribution
was made by the professional business entity prior to the effective
date of this section.
No contract subject to this chapter may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this chapter
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 Glen Rock 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, made under penalty of perjury, that he/she/it has not made a contribution in violation of § 7-2 of this chapter. The Borough of Glen Rock its purchasing agents and departments shall be responsible for informing the Council of the Borough of Glen Rock that the aforementioned sworn statement has been received and that the business entity is not in violation of this chapter, prior to awarding the contract or agreement.
B.
A
business entity shall have a continuing duty to report to the Borough
of Glen Rock any contributions that constitute a violation of this
chapter that are made during the negotiation, proposal process or
the duration of a contract. The Borough of Glen Rock 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 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 Glen Rock
or prior to the provision of services or goods, as the case may be,
and shall be in addition to any other certification that may be required
by any other provision of law.
A business entity that is party to a contract for professional services or extraordinary unspecified services may cure a violation of § 7-2 of this chapter, if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the Borough Council in writing and seeks and receives a reimbursement of the contribution from the Borough Candidate, or municipal or county political party or PAC as referenced in this chapter. Reimbursement must be received within 60 days.
The contribution limitations prior to entering into a contract in § 7-2A do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefore 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 Borough of Glen Rock
agreement or contract for professional services or extraordinary unspecified
services when a business entity that is party to such agreement or
contract has:
(1)
Made or solicited a contribution in violation of this chapter;
(2)
Knowingly or 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 re-contributed to a candidate, candidate committee
or joint candidates committee of any candidate for elective municipal
office in the Borough of Glen Rock or a holder of public office having
ultimate responsibility for the award of a contract, or any Borough
of Glen Rock or Bergen County political committee or political party
committee, or any PAC;
(5)
Engaged or employed a lobbyist or consultant with the intent of 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 chapter;
(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 chapter; or
(8)
Directly or indirectly, through or by any other person means, done
any act of which if done directly would subject that entity to the
restrictions of this chapter.
C.
Any
person who knowingly, purposely, or recklessly violates any provision
of this chapter, or who conspires with another person to violate any
provision of this chapter, or who, with the purpose of promoting or
facilitating a violation of this chapter, 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 Glen Rock.
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 chapter, every person aggrieved by
a violation of this chapter, or any taxpayer resident of the Borough
of Glen Rock 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 the violation of this chapter 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 chapter.
If any provision of this chapter, or the application of any
such provision to any person or circumstances, shall be held invalid,
the remainder of this chapter to the extent it can be given effect,
or the application of such provision to persons or circumstances other
than those to which it is held invalid shall not be affected thereby,
and to this extent the provision of this chapter are severable.
All ordinances or parts of ordinances which are inconsistent
with any provisions of this chapter are hereby repealed as to the
extent of such inconsistencies.
This chapter shall become effective upon passage and publication
as required by law.
