Borough of Hopatcong, NJ
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Hopatcong as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Claims approval — See Ch. 9.
Fraudulent checks — See Ch. 87.
[Adopted 5-2-1974]
[Amended 2-22-1989 by Ord. No. 5-89]
There is hereby created a fund or account to be known or designated as the "Borough of Hopatcong Trust Account." Disbursement from said account shall be made by checks signed by the Chief Financial Officer and countersigned by the Mayor and Clerk after approval by the governing body.
Whenever any person, firm or corporation has agreed, or is otherwise required, to reimburse the Borough of Hopatcong for costs, expenses or fees of any kind or character, all sums paid by any such third person to the Borough of Hopatcong shall be deposited in the trust account herein established. Funds received from such third persons may be to cover such things as the following enumerated costs, expenses or fees but not limited thereto: the costs of preparing and publishing any notice, ordinance or resolution; the costs of mailing notices required pursuant to the provisions of any law or ordinance; the legal fees of the Municipal Attorney or the attorney for the Planning Board or any other local agency incurred by reason of preparation of papers, ordinances, attendance at conferences or other services; the fees of the Borough Engineer incurred by reason of making inspections required by the governing body, Planning Board or other official body or made pursuant to the provision of any ordinance, or for the preparation of plans or other services required by the Borough; the fees of the Borough Planning Consultant for consultations or special planning work required in connection with any proposed development of land within the Borough of Hopatcong; and the fees, expenses or charges or the estimated pro rata costs to the Borough for any services rendered by any Borough official or employee, all as directed by the governing body under circumstances where the Borough of Hopatcong is entitled to be reimbursed for the costs, expenses and charges incurred by it in connection therewith.
Except where there is a specific ordinance requirement as to the amount of any deposit, the governing body shall, by resolution, detail the services to be performed by any of said Borough officials or employees and shall obtain an estimate of the costs of such services, and of all other charges or costs which may be involved. Said resolution shall provide the sum which shall be deposited by the third person, firm or corporation as agreed with the governing body, and all terms and conditions relating thereto. Said amount, upon receipt, shall be deposited in the trust account and shall be disbursed therefrom only as may be directed by the governing body.
[Amended 2-22-1989 by Ord. No. 5-89]
Upon deposit of said sum or sums as directed by the governing body in the trust account, the officers or employees of the Borough who have been so designated or directed may proceed to perform such services or incur such costs or expenses as may be necessary for the carrying out of the contemplated purposes, and thereafter, upon receipt of proper vouchers and approval by the governing body the costs, expenses or fees for which vouchers have been submitted and approved shall be paid out of said account. Any funds remaining after the payment of all costs, expenses or fees in connection with any particular matter or project may be returned to the person, firm or corporation depositing said funds. Should there be insufficient funds in said trust account to pay all such expenses, charges or fees, the Municipal Chief Financial Officer and/or Clerk shall immediately notify the depositor and require that additional funds sufficient to pay all such expenses, charges or fees be immediately deposited with the Borough of Hopatcong.
[Adopted 9-7-2011 by Ord. No. 24-2011]
As used in this article, the following terms shall have the meanings indicated:
BUSINESS ENTITY
A "business entity" whose contributions are regulated by this article means:
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;
E. 
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 Subsection A above, more than $100,000 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-month period prior to the award of, or during the term of, a contract subject to this article; and
F. 
All persons who are an "affiliate" of a business entity as defined in Subsections A, B and E above, as such term is used in 11 U.S.C. § 101(2).
A. 
Every candidate for Borough of Hopatcong elective municipal office;
B. 
Every candidate committee established by or for the benefit of a candidate for Borough of Hopatcong elective municipal office;
C. 
Every joint candidate committee established in whole or in part by or for the benefit of a candidate for Borough of Hopatcong elective municipal office;
D. 
Every political party committee of the Borough of Hopatcong; and
E. 
Every political party committee of the County of Sussex. The terms in the foregoing paragraph have the meaning prescribed in N.J.A.C. 19:25-1.7.
A CONTRACT FOR PROFESSIONAL OR EXTRAORDINARY SERVICES
All contracts for "professional services" and "extraordinary unspecifiable services" as such term is used in N.J.S.A. 40A:11-5.
CONTRIBUTION
Has the meaning 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.
A. 
To the extent that it is not inconsistent with state or federal law, the Borough of Hopatcong 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 solicited or made any contribution to:
(1) 
Any candidate for Borough of Hopatcong elective municipal office;
(2) 
Any candidate committee established by or for the benefit of a candidate for Borough of Hopatcong elective municipal office;
(3) 
Any joint candidate committee established in whole or in part by or for the benefit of a candidate for Borough of Hopatcong elective municipal office;
(4) 
Any political party committee of the Borough of Hopatcong; and
(5) 
Any political party committee of the County of Sussex in excess of the thresholds specified in Subsection C within one calendar year immediately preceding the date of the contract or agreement.
B. 
No business entity who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement with the Borough of Hopatcong or any of its departments or instrumentalities, for the rendition of professional services or extraordinary unspecified services shall knowingly solicit or make any contribution, to:
(1) 
A candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Borough of Hopatcong, or a holder of public office having ultimate responsibility for the award of a contract; or
(2) 
To any Borough of Hopatcong or County of Sussex political committee or political party committee between the time of first communication between that business entity and the municipality regarding a specific agreement for professional services or extraordinary unspecified services, and the later of the termination of negotiations or rejection of any proposal, or the completion of the performance or specified time period of that contract or agreement.
C. 
Monetary thresholds.
(1) 
The monetary thresholds of this article are:
(a) 
A maximum of $300 per calendar year each for any purpose to any candidate or candidate committee for mayor or governing body, or $500 per calendar year to any joint candidates committee for mayor or governing body, or $300 per calendar year to a political committee or political party committee of the Borough of Hopatcong; and
(b) 
A maximum of $500 per calendar year to a County of Sussex political committee or political party committee.
(2) 
However, for each business entity party to a contract for professional or extraordinary unspecified services as defined in Subsection A or engaged in negotiations for a contract defined in Subsection A when such business entity's contribution is aggregated with all "persons" defined in § 20-5, Definitions, above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Borough of Hopatcong candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of Hopatcong or County of Sussex political committees and political party committees as described herein combined, without violating Subsection A of this section.
D. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
(1) 
The Borough of Hopatcong Mayor or governing body, if the contract requires approval or appropriation from the Mayor or governing body; or
(2) 
The Mayor of the Borough of Hopatcong, 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.
E. 
Rules regarding subcontractors. No person 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 who would be disqualified by Subsection A from receiving the contract perform substantially all of obligations described in a contract for professional or extraordinary services that is subject to this article.
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 Hopatcong 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 § 20-6 of this article. The Borough of Hopatcong, its purchasing agents and departments shall be responsible for informing the Mayor and Council 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 Hopatcong any contributions that constitute a violation of this act that are made during the negotiation, proposal process or the duration of a contract. The Borough of Hopatcong, 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 Mayor and Council meeting following receipt of said report from the business entity, or whichever comes first.
C. 
The certification required under this subsection shall be made prior to entry into the contract or agreement with the Borough of Hopatcong, 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 business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of § 20-6 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 § 20-6C do not apply to contracts which 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 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.
A. 
It shall be a material breach of the terms of a Borough of Hopatcong 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 recontributed to a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Borough of Hopatcong, or a holder of public office having ultimate responsibility for the award of a contract, or any Borough of Hopatcong or County of Sussex political committee or political party 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 (7) shall be disqualified from eligibility for future Borough of Hopatcong contracts for a period of four 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 fixed by law for violations of the ordinances of the Borough of Hopatcong.