[Amended 6-28-76 by Ord. No. 76-174-B]
There shall be a Department of Administrative Services, the
head of which shall be the Administrator. He may designate the head
of one of the divisions of the department or another department director
as Assistant Administrator to have such other functions, powers and
duties as may be assigned by the Administrator.
[Amended 4-14-75 by Ord. No. 75-1-CC; 2-9-76 by Ord. No. 76-1-NN; 6-28-76 by Ord. No 76-174-B; 1-21-97 by Ord. No.
97-1; 1-26-09 by Ord. No. 09-01]
Editor's Note: This ordinance provided for the repeal of the
former § 3-54, "Division of Central Services".
A.
Within the Department of Administrative Services there shall be a
Division of Human Resources, Budget and Purchasing, to be administered
under the direction of the Business Administrator, the Division shall:
(1)
Prepare bid specifications for all Departments.
(2)
Develop and administer the municipality's personnel program, including
up-to-date job classifications and pay plans, active recruitment of
needed personnel, in-service training programs and a complete system
of personnel records of municipal officers and employees.
(3)
Coordinate the processes of appointment and removal of municipal
employees within the various departments and, to this end, review
and approve proposed appointments and discharge of personnel prior
to any such action by any department to ensure compliance with the
provisions of the personnel policies of the Township.
(4)
Prescribe and install uniform forms and procedures for budget preparation
by all departments.
(5)
Assist the Administrator and the Mayor in the review and analysis
of budget requests and in the preparation of the budget document.
(6)
Maintain a continuing review and analysis of budget operations, work
programs and costs of municipal services.
(7)
Purchase all materials, supplies and equipment, work and labor required by any department, office or agency of the Township. All purchases made and contracts awarded for any supplies, materials or equipment or contractual services shall be pursuant to Article IX of this chapter.
[Amended 2-25-80 by Ord. No. 80-219].
B.
Restrictions
on the award of contracts to professional entities and certain other
entities who make certain political contributions.
[Added 8-26-2019 by Ord. No. 19-23]
(1)
Prohibition on awarding public contracts to certain contributors.
(a)
Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies, as the case may be, shall not enter into an agreement or otherwise contract to procure services, including banking services/relationships or insurance coverage services, including contracts for extraordinary unspecifiable services, from any professional business entity, if that entity has made any contribution of money, or pledge of a contribution, including in-kind contributions, to: (i) a campaign committee of any East Brunswick candidate or holder of the public office having ultimate responsibility for the award of the contract: or (ii) any East Brunswick political party committee, club or similar organization; or (iii) any political action committee (PAC) that is organized for the primary purpose of promoting or supporting East Brunswick municipal candidates or municipal officeholders or if the municipal candidate or municipal officer holder is a member of or in involved in the operations of the PAC, in excess of the thresholds specified in Subsection B(1)(d) within one calendar year immediately preceding the date of the contract or agreement.
(b)
No professional business entity which enters into negotiations
for, or agrees to, any contract or agreement with the municipality
or any department or agency thereof for the rendition of professional,
banking or insurance coverage services or any other no-bid consultants,
including contracts for extraordinary unspecifiable services, shall
knowingly make any contribution of money, or pledge of a contribution,
including in-kind contributions, to: (i) any East Brunswick candidate
or holder of the public office having ultimate responsibility for
the award of the contract; or (ii) any East Brunswick party committee,
club or similar organization; or (iii) any PAC that is organized for
the primary purpose of promoting or supporting East Brunswick municipal
candidates or municipal officeholders or if the municipal candidate
or municipal officer holder is a member of or in involved in the operations
of the PAC between the time of first communications between that business
entity and the Township regarding a specific professional services
agreement and the later of the termination of negotiations or the
signing of the contract or agreement.
(c)
For purposes of this subsection, a "professional business entity"
seeking a public contract means an individual including the individual's
spouse, if any, and any child living at home; person; firm; corporation;
professional corporation; partnership; organization; or association.
The definition of a business entity includes all principals who own
10% or more of the equity in the corporation or business trust, partners,
and officers in the aggregate employed by the entity as well as any
subsidiaries directly controlled by the business entity.
(d)
Any individual meeting the definition of "professional business entity" under this section may contribute consistent with the limits set forth in N.J.S.A. 19:44A-11.3, N.J.S.A. 19:44A-11.4(c) and (d), and N.J.S.A. 19:44A-11.5 in each election in a year, for any purpose to each and any candidates for mayor or council, or to any East Brunswick political party committee, club or similar organization, political action committee (PAC) that is organized for the primary purpose of promoting or supporting East Brunswick municipal candidates or municipal officeholders or if the municipal candidate or municipal officer holder is a member of or in involved in the operations of the PAC, without violating Subsection B(1)(a) of this section.
(e)
For purposes of this section, the office that is considered
to have ultimate responsibility for the award of the contract shall
be:
(2)
Contributions made prior to the effective date. 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 party committee or PAC referenced
in this ordinance 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.
(3)
Contribution statement by professional business entity.
(a)
Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional business entity, the Township or any of its purchasing agents or agencies, including contracts for extraordinary unspecifiable services as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offer or has not made a contribution in violation of Subsection A(1) above.
(b)
The professional business entity shall have a continuing duty
to report any violations of this Act that may occur during the negotiation
or duration of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
Township and shall be in addition to any other certifications that
may be required by any other provision of law.
(4)
Return of excess contributions. A professional business entity or Township candidate or officeholder or municipal party committee, club or similar organization, or PAC referenced in this subsection may cure a violation of Subsection A(1) above, if, within 60 days after making a contribution(s) which violates said Subsection A(1), the professional business entity notifies the Township Council in writing and seeks and receives reimbursement of a contribution from the Township candidate or municipal political party, club or similar organization, or PAC referenced in this subsection.
(5)
Penalty.
(a)
All East Brunswick professional service agreements shall provide
that it shall be a breach of the terms of the government contract
for a professional business entity as defined in Subsection A(1)(c)
to violate Subsection A(1)(b) or to knowingly conceal or misrepresent
contributions given, or to make contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution.
(b)
Any professional business entity as defined in Subsection A(1)(c)
and (d) who knowingly fails to reveal a contribution made in violation
of this Act, or who knowingly makes or makes contributions through
intermediaries for the purpose of concealing or misrepresenting the
source of the contribution, shall be disqualified from eligibility
for future East Brunswick contracts for a period of four calendar
years from the date of the violation.
(6)
Severability. If any provision of this subsection, or the application
of any such provision to any person or circumstances, shall be held
invalid, the remainder of this subsection 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 subsection are
severable.
[Added 1-27-97 by Ord. No. 97-1; deleted 1-26-09 by Ord. No. 09-01]
[Added 1-21-97 by Ord. No. 97-1; amended 2-9-98 by Ord. No. 98-4; 11-9-98 by Ord. No. 98-28; 7-26-99
by Ord. No. 99-21 (See § 3-59
for listing of other ordinances); 6-26-00 by Ord.
No. 00-4; 12-22-08 by Ord. No. 08-23]
Editor's Note: This ordinance deleted § 3-59, Department of Recreation, Parks § Community Services and incorporated it into new § 3-54.2, Divisions of Recreation and Parks.
Editor's Note: See Department of Parks and Public Works, Article VIII.
Deleted 12-20-10 by Ord. No. 10-32.
[Added 2-27-17 by Ord. No. 17-09]
Within the Department of Administrative Services, there shall
be a Division of Economic Development, hereinafter referred to as
the "Division". The head of the Division shall be the Economic Development
Officer.
The Economic Development Officer shall:
A.
Assess the availability of vacant lands in the Township for economic
development purposes and classify such vacant lands according to their
adaptability for development thereon of various types of industrial,
professional, commercial and other business enterprises.
B.
Advertise and promote the economic advantages and opportunities of
the Township and the availability of real estate within the Township
for economic development.
C.
Act as a liaison on behalf of existing local business owners and
potential business owners in obtaining various permits and approvals
from the Planning Board, Zoning Board of Adjustment, Environmental
Commission, Construction Inspection, Code Enforcement and any other
area of Municipal Government deemed applicable.
D.
Undertake such other activities that may result in the retention,
improvement and attraction of professional, commercial, industrial
and other business development to the Township.
E.
Help to implement all redevelopment plans.
F.
Develop and administer the Shop East Brunswick Program.
