Borough of Lindenwold, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Lindenwold 8-12-2020 by Ord. No. 2020-15; amended in its entirety 9-9-2020 by Ord. No. 2020-16. Subsequent amendments noted where applicable.]
As used in this article, the following terms shall have the meanings indicated:
BUSINESS ENTITY
Whose contributions are regulated by this article:
A. 
An individual, including the individual's spouse, and any child/children;
B. 
A firm, corporation, professional corporation, partnership, limited liability company, organization, association, and any other manner and kind of business entity;
C. 
Any person who owns 10% or more of the equity or ownership or income interests in a person or entity, as defined in Subsections A and B above, and their spouses and child/children;
D. 
All partners or officers of such an entity, in the aggregate, and their spouses and child/children;
CAMPAIGN COMMITTEE
Every candidate for the Borough of Lindenwold elective municipal office; every candidate committee established by or for the benefit of a candidate for a Borough of Lindenwold elective municipal office; every joint candidate committee established in whole or in part by or for the benefit of a candidate for a Borough of Lindenwold elective municipal office; every political party committee of the Borough of Lindenwold; and every political committee, continuing political committee, or other form of association or organization that engages in the support of candidates for the Borough of Lindenwold elective offices or Borough of Lindenwold political parties or Borough of Lindenwold political party committees. The terms in this definition shall have the meanings prescribed in N.J.A.C. 19:25-1.7.
CONTRACT FOR PROFESSIONAL OR EXTRAORDINARY SERVICES
All contracts for "professional services" and "extraordinary unspecifiable services," as such terms are used in N.J.S.A. 40A:11-5.
CONTRIBUTION
The meaning prescribed in N.J.A.C. 19:25-1.7, as in-kind contributions. By way of illustration, and not limitation, this definition includes pledges, gifts, loans, donations, contributions of currency, and in-kind contributions.
A. 
To the extent that it is not inconsistent with state or federal law, the Borough of Lindenwold 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, within one calendar year immediately preceding the date of the contract or agreement, solicited or made any contribution in excess of the thresholds specified in Subsection C of this section to:
(1) 
A candidate, candidate committee, campaign committee, or joint candidates committee of any candidate for elective municipal office in the Borough of Lindenwold, or a holder of a Borough of Lindenwold public office having ultimate responsibility for the award of a contract;
(2) 
Any Borough of Lindenwold political party committee;
(3) 
Any continuing political committee or political action committee that engages in the support of the Borough of Lindenwold candidates and/or elections;
(4) 
Any other individual, organization, or entity included within the definition of a campaign committee as defined herein.
B. 
Contributions.
(1) 
No business entity who submits a proposal for, enters into, negotiates for, or agrees to any contract or agreement with the Borough of Lindenwold or any of its departments or instrumentalities for the rendition of professional services or extraordinary unspecified services shall solicit or make, either directly or indirectly, any contribution in excess of the thresholds specified in Subsection C of this section to:
(a) 
A candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in the Borough of Lindenwold, or a holder of a Borough of Lindenwold public office having ultimate responsibility for the award of a contract;
(b) 
Any Borough of Lindenwold political party committee;
(c) 
Any continuing political committee or political action committee that engages in the support of the Borough of Lindenwold candidates and/or elections;
(d) 
Any other individual, organization, or entity included within the definition of a Campaign Committee as defined herein.
(2) 
For purposes of this subsection, an indirect contribution shall include a contribution made to a political organization (as defined in Subsection F below) that subsequently makes a contribution to any category of individual or organization described above, as defined in Subsection B(1)(a), (b), or (c) of this section; or another political organization, which then directly, or through a series of subsequent contributions to other political organizations, makes a contribution to any category of individual or organization described above, as defined in Subsection B(1)(a), (b), (c), or (d) of this section, regardless of whether:
(a) 
The business entity had knowledge of such political organization's or political organizations' contributions; or
(b) 
Such political organization's or political organizations' use the actual funds of the business entity in making the contribution or contributions.
C. 
Monetary thresholds.
(1) 
The monetary thresholds of this article are:
(a) 
A maximum of $0 per calendar year for any purpose to any single candidate or candidate committee for Mayor or governing body, and all other individuals, entities, or organizations as included within the definition of a campaign committee as defined herein.
D. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be the Mayor and Borough Council of the Borough of Lindenwold.
E. 
Rules regarding subcontractors. No person or entity 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 or entity who would be disqualified by Subsection A from receiving the contract perform any of the obligations described in a contract for professional or extraordinary services that is subject to this article.
F. 
No Lindenwold candidate for committee, or individual or entity as defined in § 14-1, shall accept any contribution from any state, county or municipal or other political party or committee, political action committee, union or any other association or organization that engages in the support of candidates for elective office (collectively, "political organizations" and each, a "political organization") to the extent the political organization received funds constituting such contribution from another political organization or individual and that results in contributions that exceed the contribution thresholds, limits and restrictions set forth in this article. It is the express intent and purpose of this provision to prohibit the practice commonly known as "wheeling."
G. 
Any union whose membership has a direct interest in any contract with the Borough of Lindenwold shall be subject to the contribution thresholds set forth in Subsection C above.
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 Lindenwold 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 § 14-2 of this article. The Borough of Lindenwold, its purchasing agents and departments shall be responsible for informing the Governing Body 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 Lindenwold any contributions that constitute a violation of this article that are made during the negotiation, proposal process or the duration of a contract. The Borough of Lindenwold, 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 Governing Body meeting following receipt of said report from the business entity, whichever comes first.
C. 
The certification required under this section shall be made prior to entry into the contract or agreement with the Borough of Lindenwold, or prior to the providing 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 § 14-2 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 § 14-2A do not apply to contracts which 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. 40A:11-1, et seq.
A. 
It shall be a material breach of the terms of a Borough of Lindenwold 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 contributed to a candidate, campaign committee, candidate committee or joint committee of any candidate for elective municipal office in the Borough of Lindenwold, or a holder of a Borough of Lindenwold public office having ultimate responsibility for the award of a contract, or any Borough of Lindenwold political committee, Borough of Lindenwold political party committee, Borough of Lindenwold campaign committee, or Borough of Lindenwold political action 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.
B. 
Furthermore, any business entity that violates Subsection A(1) through (8) above shall be disqualified from eligibility for future Borough of Lindenwold contracts for a period of two calendar years from the date of the violation.
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 set forth in N.J.S.A. 19:44A-22, which penalty provisions shall be utilized by the Borough of Lindenwold in the enforcement of this article. See also Chapter 1, § 1-1, Violations and penalties.