[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-21-2007 by Ord. No. 961-07]
No professional business entity or individual, which enters into negotiations for or agrees to any contract or agreement with the municipality or any department or agency thereof or of its independent authorities for the rendition of professional, banking or insurance coverage services or any other consulting services, shall solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any Bergen County or other county political party committee, or to any political action committee (PAC) that engages in the support of municipal candidates and/or municipal parties.
Prior to awarding an agreement or contract to a professional business entity or individual for providing professional services or making any payment pursuant to the same, the Township Administrator or his designee shall require that the professional certify that the professional business entity or individual has not knowingly made any contribution which violates the provisions of § 84-1 of this article.
The professional shall have a continuing duty to report immediately to the Township Administrator or his designee any contributions made in violation of this article that occur during any time that an agreement for professional services is in effect.
[Adopted 12-18-2019 by Ord. No. 1152-19]
Any other provision of law to the contrary notwithstanding, the Mayor and Township Committee of the Township of Rochelle Park, its departments, instrumentalities, or independent authorities, and the purchasing agents or agencies of the foregoing shall not enter into or amend, extend, or modify an agreement or contract with any redeveloper for the planning, replanning, construction or undertaking of any redevelopment project, including the acquisition or leasing of any public property in conjunction with the redevelopment of any area within the Township of Rochelle Park pursuant to the Local Redevelopment and Housing Law, if that redeveloper has solicited or made any contribution during the applicable time period as specified below to: a candidate, candidate committee, or joint candidates committee of any candidate for elective, municipal office in the Township of Rochelle Park; a holder of public office having ultimate responsibility for the award of a redevelopment agreement; or any political action committee (hereinafter PAC) that regularly engages in the support of Township of Rochelle Park municipal or Bergen County elections and/or Township of Rochelle Park or Bergen County political parties. If, however, any of the foregoing has received a contribution during the applicable time period from a presumptive redeveloper who is an owner of property at the time the property was determined as an area in need of redevelopment, the local official shall be required to return said contribution. For purposes of this article, the "applicable time period" shall be defined as the time period between the date that the property which is the subject of the redevelopment project has been included in a memorializing resolution adopted by the governing body directing the Planning Board to conduct a preliminary investigation to determine if the site is in need of redevelopment pursuant to and in accordance with the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq., and the date of entering into the redevelopment agreement, or the 12 months prior to entering into the agreement, whichever is shorter.
All redevelopment agreements or amendments thereto entered into by the Mayor and Township Committee of the Township of Rochelle Park shall contain a provision prohibiting redevelopers as defined in Subsection C from soliciting or making any contribution to a candidate, candidate committee, or joint candidates committee of any candidate for elective municipal office in the Township of Rochelle Park; a holder of public office having ultimate responsibility for the award of a redevelopment agreement; or any PAC.
As defined in this article, a "redeveloper" means:
Any person, firm, corporation or public body that shall enter into or propose to enter into a contract with a municipality or other redevelopment entity for the redevelopment or rehabilitation of an area in need of redevelopment, or an area in need of rehabilitation, or any part thereof, under the provisions of this act, or for any construction or other work forming part of a redevelopment or rehabilitation project;
For the purposes of this article, the holder of public office having ultimate responsibility for the award of a redevelopment agreement is:
The Township Committee of the Township of Rochelle Park and each of its members (without regard to such member's vote on any aspect of a redevelopment agreement) if the redevelopment agreement requires approval or appropriation from the Committee or from a public officer appointed by Council; or
A designated redevelopment entity, if the redevelopment agreement requires the approval of the redevelopment entity.
No solicitation or contribution made by a redeveloper or consultant as defined in §§ 84-3C and 84-6, respectively, shall be deemed a violation of this article if that contribution or agreement was made by the redeveloper or consultant prior to the effective date of this article which shall be December 18, 2019.
It shall be the municipality's continuing responsibility to give notice to this article when the municipality gives notice of redevelopment pursuant to N.J.S.A. 40A:12A-6 and when the municipality adopts a resolution directing the Planning Board to prepare a redevelopment plan and at the time that the municipality adopts the ordinance to implement the redevelopment plan.
Prior to arranging and entering into the redevelopment agreement or any other financial agreement with any redeveloper, the Township of Rochelle Park or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in violation of § 84-3A above. Furthermore, the redeveloper shall have a continuing duty to report any violations of this article that may occur while arranging and entering into the redevelopment agreement, and until all specified terms of the agreement have been completed. The certification required under this section shall be made prior to entry into the agreement with the municipality and shall be in addition to any other certifications that may be required by any other provision of law.
A redeveloper or consultant may cure a violation of § 84-3 of this article, and shall not be deemed to be in violation thereof if, within 30 days after the cited violation, the redeveloper notifies the Municipal Council in writing and seeks and receives reimbursement of a contribution from the municipal candidate or municipal or county political party or PAC referenced in this article.
It shall be a breach of the terms of the Township of Rochelle Park redevelopment agreement if it is demonstrated by a preponderance of the evidence that such redeveloper has:
Made or solicited a contribution in violation of this article;
Purposely, knowingly or recklessly concealed or misrepresented a contribution given or received;
Made or solicited contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;
Made or solicited 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 Township of Rochelle Park;
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 redeveloper itself, would subject that entity to the restrictions of this article;
Funded contributions made by third parties, including consultants, attorneys, family members, and employees;
Engaged in any exchange of contributions to circumvent the intent of this article; or
Directly or indirectly, through or by any other person or means, done any act which would subject that entity to the restrictions of this article.
Additionally, the redeveloper shall also be subject to a fine of $1,000.