[HISTORY: Adopted by the Board of Commissioners
of the City of Ventnor City as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-19-1991 by Ord. No. 9114]
The Board established by this article shall
be known as the "Ventnor City Ethics Board," and any Code of Ethics
established pursuant to this article shall be known as the "Ventnor
City Ethics Code."
A.
Public office and employment are a public trust.
B.
The vitality and stability of representative democracy
depends upon the public's confidence in the integrity of its elected
and appointed representatives.
C.
It is desirous never to imperial the confidence that
the public may have in any government officer or employee by allowing
the perception of a conflict between the private interests and the
public duties of said government officer or employee.
D.
Governments have a duty both to provide their citizens
with standards by which they determine whether public duties are being
faithfully performed and to apprise their officers and employees of
the behavior which is expected of them while conducting their public
duties.
F.
The City of Ventnor is desirous of establishing a
Ventnor City Ethics Board and a Ventnor City Ethics Code which meets
the new mandates of the State of New Jersey's Local Government Ethics
Law.
A.
It is the purpose of this article to provide a method
of assuring that standards of ethical conduct and financial disclosure
requirements for officers and employees of Ventnor City shall be clear,
consistent, uniform in their application and enforceable and to provide
those officers or employees with advice and information concerning
possible conflicts of interest which might arise in the conduct of
their public duties.
B.
It is the further purpose of this article to implement
the provisions of the Local Government Ethics Law, P.L. 1991, c. 29.
C.
this article is enacted under the authority of the
Local Government Ethics Law, P.L. 1991, c. 29, and under the further
authority granted to the City of Ventnor under the provisions of Titles
40 and 40A of the New Jersey Statutes.
As used in this article, the following terms
shall have the meanings indicated:
Any agency, board, governing body, including the chief executive
officer, office, commission or other instrumentality within the City
of Ventnor, and any independent local authority which perform functions
other than of a purely advisory nature, but shall not include a school
board.
Any corporation, partnership, firm, enterprise, franchise,
association, trust, sole proprietorship, union or other legal entity.
Any person, whether compensated or not, whether part-time
or full-time, employed by or serving on any agency, board, governing
body, bureau, division, office, commission or other instrumentality
within the City of Ventnor which performs functions other than of
a purely advisory nature, who is not an officer, but shall not mean
any employee of a school district.
The Commissioners, including the Mayor or other body, by
whatever name it may be known, having charge of the finances of the
City of Ventnor.
The ownership or control of more than 10% of the profits,
assets or stock of a business organization, but shall not include
the control of assets in a nonprofit entity or labor union.
The spouse or dependent child of an officer or employee of
the City of Ventnor residing in the same household as said officer
or employee of said City of Ventnor.
Any person, whether compensated or not, whether part-time
or full-time, who is one of the following:
Elected to any office of any agency, board,
governing body, office, commission or other instrumentality within
the City of Ventnor and any independent local authority created by
or appointed under the authority of the City of Ventnor which performs
functions other than of a purely advisory nature.
Serving on any agency, board, governing body,
office, commission or other instrumentality within the City of Ventnor
and any independent local authority created by or appointed under
the authority of the City of Ventnor which performs functions other
than of a purely advisory nature and which has the authority to enact
ordinances, approve development applications or grant zoning variances.
A member of a municipal authority.
Any person who formulates management policies
or practices and/or is charged with the responsibility of directing
the effectuation of such management policies and practices.
Any person whose functional responsibilities
or knowledge in connection with the issues involved in the collective
negotiations process would make his or her membership and any appropriate
negotiating unit incompatible with his or her official duties.
Any employee of a school district or member
of a school board is specifically not considered an "officer" for
the terms of this article.
An officer or employee of the City of Ventnor.
Officers and employees of the City of Ventnor
shall meet the following ethical standards and comply with the following
provisions:
A.
No officer or employee or member of his or her immediate
family shall have an interest in a business organization or engage
in any business, transaction or professional activity which is in
substantial conflict with the proper discharge of his or her duties
in the public interest.
B.
No officer or employee shall use or attempt to use
his or her official position to secure unwarranted privileges or advantages
for himself, herself or others.
C.
No officer or employee shall act in his or her official
capacity in any manner where he or she, a member of his or her immediate
family or a business organization in which he or she has an interest
has a direct or indirect financial or personal involvement that might
reasonably be expected to impair his or her objectivity or independence
of judgment.
D.
No officer or employee shall undertake any employment
or service, whether compensated or not, which might reasonably be
expected to prejudice his or her independence of judgment in the exercise
of his or her official duties.
E.
No officer or employee, member of his or her immediate
family or business organization in which he or she has an interest
shall solicit or accept any gift, favor, loan, political contribution,
service, promise of future employment or other thing of value based
upon an understanding that the gift, favor, loan, contribution, service,
promise or other thing of value was given or offered for the purposes
of influencing him or her, directly or indirectly, in the discharge
of his or her official duties. This provision shall not apply to the
solicitation or acceptance of contributions to the campaign of an
announced candidate for elective public office, if the officer has
no knowledge or reason to believe that the campaign contribution,
if accepted, was given with the intent to influence the officer in
the discharge of his or her official duties.
F.
No officer or employee shall use or allow to be used
his or her public office or employment or any information not generally
available to the members of the public which he or she receives or
acquires in the course of and by reason of his or her office or employment
for the purpose of securing financial gain for himself or herself,
any member of his or her immediate family or any business organization
with which he or she is associated.
G.
No officer or employee or any business organization
in which he or she has an interest shall represent any person or party
other than the City of Ventnor in connection with any cause, proceeding,
application or other matter pending before any agency in the City
of Ventnor. This provision shall not be deemed to prohibit an employee
from representing another employee where the agency is the City of
Ventnor and the representation is within the context of official labor
union or similar representational responsibilities.
H.
No officer shall be deemed in conflict with these
provisions if, by reason of his or her participation in the enactment
of any ordinance, resolution or other matter required to be voted
upon or which is subject to executive approval or veto, no material
or monetary gain accrues to him or her as a member of any business,
profession, occupation or group, to any greater extent than any gain
could reasonably be expected to accrue to any other member of such
business, profession, occupation or group.
I.
No elected officer shall be prohibited from making
an inquiry for information on behalf of a constituent, if no fee,
reward or other thing of value is promised to, given to or accepted
by the officer or a member of his or her immediate family, whether
directly or indirectly, in return therefor.
J.
Nothing shall prohibit any officer or employee or
members of his or her immediate family from representing himself,
herself or themselves in negotiations or proceedings concerning his,
her or their own interests.
K.
Nothing in this section shall be deemed to prohibit
the public defender in the City of Ventnor from representing any person
appearing in the Ventnor Municipal Court, regardless of whether said
individual falls within the parameters of the Ventnor City Ethics
Code.
L.
Independent local authorities.
(1)
No independent local authority shall, if the same
does indeed exist within a municipality, for a period of one year
next subsequent to the termination of office of a member of said authority:
(a)
Award any contract which is not publicly bid to a
former member of that authority;
(b)
Allow a former member of that authority to represent,
appear for or negotiate on behalf of any other party before that authority;
or
(c)
Employ for compensation, except pursuant to open competitive
examination in accordance with Title 11A of the New Jersey statutes
and the rules and regulations promulgated pursuant thereto, any former
member of that authority.
(2)
The restrictions contained in this subsection shall
also apply to any business organization in which the former authority
member holds an interest.
Officers of the City of Ventnor shall annually
file a financial disclosure statement. All financial disclosure statements
shall include the following information, which shall specify, where
applicable, the name and address of each source and the officer's
job title:
A.
Each source of income, earned or unearned, exceeding
$2,000 received by the officer or a member of his or her immediate
family during the preceding calendar year. Individual client fees,
customer receipts or commission on transactions received through a
business organization need not be separately reported as sources of
income. If a publicly traded security is the source of income, the
security need not be reported unless the officer or member of his
or her immediate family has an interest in the business organization.
B.
Each source of fees and honorariums having an aggregate
amount exceeding $250 from any single source for personal appearances,
speeches or writings received by the officer or a member of his or
her immediate family during the preceding calendar year.
C.
Each source of gifts, reimbursements or prepaid expenses
having an aggregate value exceeding $400 from any single source, excluding
relatives, received by the officer or member of his or her immediate
family during the preceding calendar year.
D.
The name and address of all business organizations
in which the officer or a member of his or her immediate family had
an interest during the preceding calendar year.
E.
The address and brief description of all real property
in the state in which the officer or a member of his or her immediate
family held an interest during the preceding calendar year.
A.
The Ventnor City Ethics Board shall prescribe a financial
disclosure statement form for filing purposes. If a financial disclosure
statement form has been promulgated by the New Jersey Local Finance
Board, in accordance with the New Jersey Local Government Ethics Law,[1] then the Ventnor City Ethics Board shall use that form.
If no such financial disclosure statement form has been promulgated
by the New Jersey Local Finance Board, then the Ventnor City Ethics
Board shall prepare the forms to be used for compliance pursuant to
the Ventnor City Ethics Code. The Ventnor City Ethics Board shall
make the forms available to the local officers within their jurisdiction.
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et
seq.
B.
The original financial disclosure statement shall
be filed with the Municipal Clerk of Ventnor City. A copy of the statement
shall be filed with the Ventnor City Ethics Board and the Local Finance
Board in the Division of Local Government Services in the Department
of Community Affairs with the State of New Jersey.
C.
The original financial disclosure statement to be
filed in 1991 shall be filed on or before August 19, 1991. All financial
disclosure statements to be filed in subsequent years shall be filed
on or before April 30 of each respective year.
D.
All financial disclosure statements filed shall be
public records.
A.
There is hereby established the Ventnor City Ethics
Board which shall consist of six members who are residents of Ventnor
City, at least two of whom shall be members of the public. The members
of the Ventnor City Ethics Board shall be appointed by the Commissioners
of Ventnor City. The members shall be chosen by virtue of their known
and consistent reputation for integrity and their knowledge of local
government affairs. No more than three members of the Ventnor City
Ethics Board shall be of the same political party.
B.
The members of the Ventnor City Ethics Board shall
annually elect a Chairman from among their membership.
C.
The members of the Ventnor City Ethics Board shall
serve for a term of five years, except that of the members initially
appointed, two of the public members shall be appointed to serve for
a term of five years, one member shall be appointed to serve for a
term of four years and the remaining members shall be appointed to
serve for a term of three years. Each member shall serve until his
or her successor has been appointed and qualified. Any vacancy occurring
in the membership of the Ventnor City Ethics Board shall be filled
in the same manner as the original appointment for the unexpired term.
D.
Members of the Ventnor City Ethics Board shall serve
without compensation but shall be reimbursed by the City of Ventnor
for necessary expenses incurred in the performance of their duties.
A.
The City of Ventnor shall provide the Ventnor City
Ethics Board with offices for the conduct of said Ethics Board's business
and the preservation of said Board's records and shall supply equipment
and supplies as may be necessary.
B.
All necessary expenses incurred by the Ventnor City
Ethics Board and its members shall be paid, upon certification of
the Chairman of said Ethics Board, by the City of Ventnor within the
limits of funds appropriated by the City of Ventnor in the City of
Ventnor's annual budget or by emergency appropriations for those purposes.
C.
The Ventnor City Ethics Board may appoint such employees,
including independent counsel, and clerical staff as are necessary
to implement the Ventnor City Ethics Code within the limits of the
funds appropriated by the City of Ventnor for those purposes.
D.
Nothing herein shall prevent the Ventnor City Ethics
Board from receiving clerical assistance from the clerical staff of
the City of Ventnor.
A.
Within 90 days after the establishment of the Ventnor
City Ethics Board, said Ethics Board shall promulgate by resolution
a Code of Ethics to be adhered to by the appropriate officers and
employees of the City of Ventnor. Officers and employees serving an
independent authority in the City of Ventnor, if any, shall be deemed
to be serving the City of Ventnor for the purposes of this article.
C.
Within 15 days following the promulgation of the Ventnor
City Ethics Code, said Ventnor City Ethics Code and a notice of the
date of the public hearing to be held thereon shall be published in
the Press and Sunday Press and shall be distributed to the City Clerk
for circulation among the affected officers and employees within the
City of Ventnor.
D.
The Ventnor City Ethics Board shall hold a public
hearing on the Ventnor City Ethics Code not less than 30 days following
its promulgation at which any person wishing to be heard shall be
permitted to testify. As a result of said hearing, the Ventnor City
Ethics Board may amend or supplement the Ventnor City Ethics Code
as it deems necessary.
E.
If the Ventnor City Ethics Code is not identical to
the provisions set forth in the appropriate sections of the Local
Government Ethics Law, the Ventnor City Ethics Board shall thereafter
submit said Ventnor City Ethics Code to the Local Finance Board in
the Division of Local Government Services in the Department of Community
Affairs of the State of New Jersey for approval.
F.
If the Local Finance Board in the Division of Local
Government Services in the Department of Community Affairs fails to
act within 60 days of the submission of the Ventnor City Ethics Code
by the Ventnor City Ethics Board, said Ventnor City Ethics Code shall
be deemed approved. If the Ventnor City Ethics Board elects to submit
the Ventnor City Ethics Code to the Local Finance Board in the Division
of Local Government Services in the Department of Community Affairs,
said Ventnor City Ethics Code shall take effect 60 days after the
approval by said Local Finance Board.
G.
If the Ventnor City Ethics Code is identical to the
provisions set forth in the pertinent section of the Local Government
Ethics Law, said Ethics Code shall take effect 10 days after the public
hearing thereon.
H.
The Ventnor City Ethics Board shall forward a copy
of the Ventnor City Ethics Code to the City Clerk and shall make copies
of the Ventnor City Ethics Code available to all individuals who fall
within the parameters of said code.
A.
The Ventnor City Ethics Board shall have the following
powers:
(1)
To initiate, receive, hear and review complaints and
hold hearings with regard to possible violations of the Ventnor City
Ethics Code or financial disclosure requirements contained therein
by any individual falling within the parameters of the Ventnor City
Ethics Code.
(2)
To issue subpoenas for the production of documents
and the attendance of witnesses with respect to its investigation
of any complaint or to the holding of a hearing.
(3)
To forward to the County Prosecutor or the Attorney
General or other governmental body any information concerning violations
of the Ventnor City Ethics Code or the financial disclosure requirements
contained therein by appropriate individuals who fall within the parameters
of the Ethics Code which may become the subject of criminal prosecution
or which may warrant the institution of other legal proceedings by
the Attorney General.
(4)
To render advisory opinions to individuals who fall
within the parameters of the Ventnor City Ethics Code as to whether
a given set of facts and circumstances would constitute a violation
of any provisions of the Ventnor City Ethics Code or the financial
disclosure requirements contained therein.
(5)
To enforce the provisions of the Ventnor City Ethics
Code and financial disclosure requirements contained therein with
regard to individuals falling within the parameters of said Ethics
Code and to impose penalties for the violation thereof as are authorized
by this article.
(6)
To adopt rules and regulations and to do other things
as are necessary to implement the purposes of this article.
B.
An individual who falls within the parameters of the
Ventnor City Ethics Code may request and obtain from the Ventnor City
Ethics Board an advisory opinion as to whether any proposed activity
or conduct would in the Board's opinion constitute a violation of
the Ventnor City Ethics Code or the financial disclosure requirements
contained therein.
C.
Advisory opinions of the Ventnor City Ethics Board
shall not be made public, except when the Ethics Board by the vote
of 2/3 of all of its members directs that any said opinion be made
public.
D.
Public advisory opinions shall not disclose the name
of the individual requesting the same unless the Ventnor City Ethics
Board, in directing that that opinion be made public, so determines.
E.
Hearing rights.
(1)
In the event that a hearing is to be held pursuant
to the Ventnor City Ethics Code, any person charged with a violation
of said Ethics Code or the financial disclosure requirements contained
therein shall be given the following:
F.
Hearings. All hearings required pursuant to this article
shall be conducted in conformity with the rules and procedures, insofar
as they may be applicable, provided for hearings by a state agency
in contested cases under the Administrative Procedure Act, N.J.S.A.
52:14B-1 et seq.
A.
The Ventnor City Ethics Board, upon receipt of a signed
written complaint by any person alleging that the conduct of any officer
or employee serving the City of Ventnor is in conflict with the Ventnor
City Ethics Code or the financial disclosure requirements contained
therein, shall acknowledge receipt of said complaint within 30 days
of the receipt thereof and initiate an investigation concerning the
facts and circumstances set forth in said complaint.
B.
The Ventnor City Ethics Board shall make a determination
as to whether the complaint is within its jurisdiction, frivolous
or without any reasonable factual basis.
C.
If the Ventnor City Ethics Board shall conclude that
the complaint is outside its jurisdiction, frivolous or without factual
basis, it shall reduce that conclusion to writing and shall transmit
a copy thereof to the complainant and to the individual against whom
the complaint was filed.
D.
If the Ventnor City Ethics Board shall conclude that
the complaint is within its jurisdiction and is not frivolous and
has a factual basis, the Ventnor City Ethics Board shall notify the
individual against whom the complaint was filed of the nature of the
complaint and the facts and circumstances set forth therein.
E.
Said individual shall have the opportunity to present
the Ventnor City Ethics Board with any statement or information concerning
the complaint which he or she wishes.
F.
Thereafter, if the Ventnor City Ethics Board determines
that a reasonable doubt exists as to whether the individual is in
conflict with the Ventnor City Ethics Code or the financial disclosure
requirements contained therein, the Ventnor City Ethics Board shall
conduct a hearing in the manner prescribed by this article concerning
the possible violation and any other facts and circumstances which
may have come to the Ventnor City Ethics Board's attention with respect
to the conduct of said individual.
G.
The Ventnor City Ethics Board shall render a decision
as to whether the conduct of said individual is in conflict with the
Ventnor City Ethics Code or any financial disclosure requirements
contained therein. This decision shall be made by no less than 2/3
of all members of the Ventnor City Ethics Board.
H.
If the Ventnor City Ethics Board determines that the
individual is in conflict with the Ventnor City Ethics Code or any
financial disclosure requirements contained therein, the Board may
impose any penalties which it believes appropriate within the limitations
of this article.
I.
A final decision of the Ventnor City Ethics Board
may be appealed to the local finance board within 30 days of the rendering
of said decision.
J.
All statements, complaints, requests or other written
materials filed pursuant to this article and any rulings, opinions,
judgments, transcripts or other official papers prepared pursuant
to this article shall be preserved for a period of at least five years
from the date of filing and preparation of the same.
A.
An appointed officer or employee found guilty by the
Ventnor City Ethics Board of a violation of any provisions of the
Ventnor City Ethics Code shall be fined not less than $100 nor more
than $500, which penalty may be collected in a summary proceeding
pursuant to the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.[1] The Ventnor City Ethics Board shall report its findings
to the office or agency having the power of removal or discipline
of the appointed officer or employee and may recommend that further
disciplinary action be taken.
[1]
Editor's Note: N.J.S.A. 2A:58-1 to 2A:58-9
was repealed by P.L. 1999, c. 274. See now N.J.S.A. 2A:58-10 et seq.
B.
An elected officer or employee of the City of Ventnor
found guilty by the Ventnor City Ethics Board of the violation of
any provisions of the Ventnor City Ethics Code shall be fined not
less than $100 nor more than $500, which penalty may be collected
in a summary proceeding pursuant to the Penalty Enforcement Law, N.J.S.A.
2A:58-1 et seq.[2]
[2]
Editor's Note: N.J.S.A. 2A:58-1 to 2A:58-9
was repealed by P.L. 1999, c. 274. See now N.J.S.A. 2A:58-10 et seq.
C.
The finding of the Ventnor City Ethics Board that
an appointed officer or employee is guilty of the violation of the
provisions of the Ventnor City Ethics Code shall be sufficient cause
for his or her removal, suspension, demotion or other disciplinary
action by the officer or agency having the power of removal or discipline.
When a person who is in the career service is charged with violating
the provisions of the Ventnor City Ethics Code, the procedure leading
to removal, suspension, demotion or other disciplinary action shall
be governed by any applicable procedures of Title 11A of the New Jersey
Statutes and the rules promulgated pursuant thereto.
[Adopted 2-7-2008 by Ord. No. 2008-01]
A.
To the extent that it is not inconsistent with state or federal law, the City of Ventnor City and any of its purchasing agents or departments or instrumentalities of the municipality thereof, as the case may be, shall not enter into any agreement or otherwise contract to procure services from any professional business entity, including those awarded pursuant to any process including a fair and open process, if such professional business entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions as defined in N.J.A.C. 19:25-24.1 to a campaign committee of any City of Ventnor City municipal candidate or holder of public office having ultimate responsibility for the award of a contract; or to any City of Ventnor City or Atlantic County party committee; or to any political action committee (PAC) that regularly engages in the support of municipal or county elections and/or municipal of county parties, in excess of the thresholds specified in Subsection D, within one calendar year immediately preceding the date of the contract or agreement. Nothing herein shall be construed to restrict volunteerism or membership of a political party or club.
B.
No professional business entity or vendor who submits
a proposal for, enters into negotiations for, or agrees to any contract
or agreement (including nonemergency contracts awarded by N.J.S.A.
40A:11-1 et seq. or the "fair and open process" pursuant to N.J.S.A.
19:44A-20 et seq. with the municipality or any departments thereof,
for the rendition of professional services, or goods and services,
as the case may be, shall knowingly solicit or make any contribution
of money, pledge of contribution, including in-kind contributions,
to any City of Ventnor City candidate or holder of public office having
ultimate responsibility for the award of a contract; or to any City
of Ventnor City or Atlantic County party committee; or to any PAC
that regularly engages in the support of municipal or county elections
and/or municipal or county parties, between the time of first communication
between that professional business entity or vendor and the municipality
regarding a specific professional services agreement or goods and
services agreement, as the case may be, and the later of the termination
of negotiations or rejection of any proposal, or the completion of
the contract or agreement.
C.
For purposes of this article, a "professional business
entity" and a "vendor" seeking a public contract mean 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 "business entity"
and "vendor" 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 or vendor, as well as any subsidiaries
directly controlled by the business entity or vendor.
D.
Any individual meeting the definition of "professional business entity" or "vendor" under this section may annually contribute a maximum of $300 each for any purpose to any candidate for Mayor or governing body, or $300 to a local municipal party or $500 to an Atlantic County party committee or to a PAC referenced in this article, without violating Subsection A of this section. However, any group of individuals meeting the definition of "professional business entity" or "vendor" under this section, including such principals, partners, and officers of the entity or vendor in the aggregate, may not annually contribute for any purpose in excess of $2,500 to all City of Ventnor City candidates and officeholders with ultimate responsibility for the award of the contract, and all City of Ventnor City or Atlantic County political parties and PACs referenced in this article combined, without violating Subsection A of this section.
E.
For purposes of this article, the office that is considered
to have ultimate responsibility for the award of the contract shall
be:
(1)
The City of Ventnor City Mayor or governing body,
if the contract requires approval or appropriation from the Mayor
or governing body.
(2)
The Mayor of the City of Ventnor City, 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.
No contribution of money or any other thing
of value, including in-kind contributions, made by a professional
business entity or vendor to any City of Ventnor City candidate for
Mayor or governing body, or City of Ventnor City or Atlantic County
party committee or PAC referenced in this article shall be deemed
a violation of this article, 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
or vendor prior to the effective date of this article.
A.
Prior to awarding any contract or agreement to procure services with any professional business entity and any contract or agreement to procure goods and services from a vendor, the City of Ventnor City or its purchasing agents and departments, as the case may be, shall receive a sworn statement from the professional business entity or vendor, made under penalty of perjury, that the bidder or offeror has not made a contribution in violation of § 16-14 of this article.
B.
The professional business entity and vendor shall
have a continuing duty to report any violations of this article that
may occur during the negotiation, proposal process or duration of
a contract. The certification required under this subsection shall
be made prior to entry into the contract or agreement with the City
of Ventnor City, 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 professional business entity, vendor, or municipal candidate or officeholder, or a City of Ventnor City or Atlantic County party committee or PAC referenced in this article, may cure a violation of § 16-14 of this article if, within 30 days after the date on which the applicable ELEC[1] report is published, the professional business entity
or vendor notifies the municipality in writing and seeks and receives
reimbursement of the contribution from the relevant municipal candidate
or officeholder, City of Ventnor City or Atlantic County political
party or PAC referenced in this article.
[1]
Editor's Note: See Regulations of the New
Jersey Election Law Enforcement Commission, N.J.A.C. 19:25-1.1 et
seq.
The contribution limitations prior to entering into a contract in § 16-14A do not apply to contracts which are required by law to be awarded to the lowest bidder.
A.
It shall be a breach of the terms of the City of Ventnor
City professional service agreement or agreement for goods or services
for a business entity to:
(1)
Make or solicit a contribution in violation of this
article;
(2)
Knowingly conceal or misrepresent a contribution given
or received;
(3)
Make or solicit contributions through intermediaries
for the purpose of concealing or misrepresenting the source of the
contribution;
(4)
Make or solicit any contribution on the condition
or with the agreement that it will be contributed to a campaign committee
of any candidate or holder of the public office of the City of Ventnor
City;
(5)
Engage or employ 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 business
entity itself, would subject that entity to the restrictions of this
article;
(6)
Fund contributions made by third parties, including
consultants, attorneys, family members, and employees;
(7)
Engage 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, do any act which would subject that entity to the restrictions
of this article.
