[Ord. No. 2011-8]
The Mayor and the Council of the Borough of Rockleigh (hereinafter
"Borough" or "Rockleigh" does hereby ordain:
Whereas, large political contributions from those seeking or
performing contracts with a municipality raise reasonable concerns
on the part of taxpayers and residents as to their trust in government
and its business practices; and,
Whereas, pursuant to N.J.S.A. 40:48-2, a municipality is authorized
to adopt such ordinances, regulations, rules and by-laws as necessary
and proper for good government, as well as the public health, safety
and welfare; and,
Whereas, pursuant to P.L.2005, c.271 (codified at N.J.S.A. 40A:11-51)
a municipality is authorized to adopt by ordinance, measures limiting
the awarding of public contracts to business entities that have made
political contributions, and limiting the contributions that the recipient
of such a contract can make during the term of a contract; and,
Whereas, in the interest of good government, the people and
the government of the Borough desire to establish a policy that will
avoid the perception of improper influence in public contracting and
local elections.
[Ord. No. 2011-8]
It shall be the policy of the Borough to create such a regulation
which states that a business entity which makes political contributions
to municipal candidates and municipal and county political parties
in excess of certain thresholds shall be limited in its ability to
receive public contracts from the Borough.
[Ord. No. 2011-8]
As used in this section:
BUSINESS ENTITY WHOSE CONTRIBUTIONS ARE REGULATED BY THIS SECTION
Shall mean: (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 ten (10%) percent or more of the equity ownership
or income interests in a person or entity as defined in items (i)
and (ii) herein 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 item (i) herein, more than one hundred thousand
($100,000.00) dollars 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 (12) month period prior to the award of,
or during the term of, a contract subject to this section; and (vi)
all persons who are an "affiliate" of a business entity as defined
in items (i), (ii), and (v) herein, as such term is used in 11 U.S.C.
§ 101(2).
CAMPAIGN COMMITTEE
Shall mean (i) every candidate for Rockleigh elective municipal
office; (ii) every candidate committee established by or for the benefit
of a candidate for Rockleigh elective municipal office; (iii) every
joint candidate committee established in whole or in part by or for
the benefit of a candidate for Rockleigh elective municipal office;
(iv) every political party committee of the Borough; (v) every political
party committee of the Borough of Rockleigh; 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 Rockleigh or Bergen County elective offices or Rockleigh municipal
or political parties or political party committees. The terms in the
foregoing paragraph have the meaning prescribed in N.J.A.C. 19:25-1.7.
CONTRIBUTION
Shall mean as 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.
[Ord. No. 2011-8]
No contribution or solicitation of contributions made prior
to the effective date of this section shall be deemed to give rise
to a violation of this section.
[Ord. No. 2011-8]
No contract subject to this section may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this section
if it were an initial contract.
[Ord. No. 2011-8]
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of subsection
2-85.4 of this section, if, within thirty (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.
[Ord. No. 2011-8]
The contribution limitations prior to entering into a contract is subsection
2-85.4a 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.
[Ord. No. 2011-8]
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 section, every person aggrieved by
a violation of the section, or any taxpayer or resident of the Borough
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 section 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 section.
[Ord. No. 2011-8]
If any provision of this section, or the application of any
such provision to any person or circumstances, shall be held invalid,
the remainder of this section, 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 provisions of this section are severable.
[Ord. No. 2011-8]
The monetary thresholds of subsection
2-85.3, definition of Business Entity and subsection
2-85.4c of this section 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 $10.00. The Municipal Clerk of the Borough 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.
[Ord. No. 2011-8]
All ordinances or parts of ordinances which are inconsistent
with any provisions of this section are hereby repealed as to the
extent of such inconsistencies.
[Ord. No. 2011-8, adopted
10/3/2011]
This section shall become effective twenty (20) days following
the final adoption thereof by the Borough Council and publication
as required by law.