Borough of Lavallette, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Lavallette 3-20-2006 by Ord. No. 2006-01 (989). Amendments noted where applicable.]

§ 20A-1 Prohibition on awarding public contracts to certain contributors.

A. 
Any other provisions of law to the contrary notwithstanding, the Borough of Lavallette shall not enter into an agreement or otherwise procure professional, banking, insurance coverage and/or any other consulting services from any professional business entity if that entity has made any contribution of money, including in-kind contributions, to any Lavallette Borough municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or officeholder, or to any Lavallette Borough party committee, or to any Ocean County party committee or to any candidate seeking the office of Ocean County Freeholder, Surrogate or Sheriff, or to any political action committee (PAC) that regularly engages in the support of municipal elections and/or municipal parties in excess of the thresholds specified in Subsection D within one calendar year immediately preceding the date of the contract; or
[Amended 10-16-2006 by Ord. No. 2006-23 (1011)]
B. 
No professional business entity which enters into negotiations for or agrees to any contract or agreement with the Borough of Lavallette for the rendering of professional, banking, insurance coverage or any other consulting services shall make any contribution of money, including in-kind contributions, to any Lavallette Borough municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or officeholder, or to any Lavallette Borough or Ocean County party committee, or to any candidate seeking the office of Ocean County Freeholder, Surrogate or Sheriff, or to any political action committee (PAC) that regularly engages in the support of municipal elections and/or municipal parties. No contribution shall be made in excess of Subsection D below.
[Amended 10-16-2006 by Ord. No. 2006-23 (1011)]
C. 
For purposes of this chapter, 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 any of the equity in the corporation or business or partnership, trust, partners and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.
D. 
Anyone meeting the definition of "professional business entity" under this section may annually contribute a maximum of $300 each for any purpose to each and every candidate for Mayor or Council, or $300 to the Lavallette Borough party committee, or $500 to an Ocean County party committee, or $500 to a single or joint campaign account for Ocean County Freeholder, or $500 to a candidate for Surrogate, or $500 to a candidate for Sheriff, or $500 to a PAC referenced in this chapter, without violating Subsection A or B of this section.
[Amended 10-16-2006 by Ord. No. 2006-23 (1011)]
E. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
[Amended 10-16-2006 by Ord. No. 2006-23 (1011)]
(1) 
The Lavallette Borough Council and the Mayor of the Lavallette Borough, if the contract requires approval or appropriation from the Council;
(2) 
The Mayor of the Borough of Lavallette, 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.
F. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection F, pertaining to time constraints on contributions, was repealed 10-16-2006 by Ord. No. 2006-23 (1011).
G. 
All provisions of § 20A-1 are subject to the provisions of § 20A-2 of this chapter below.

§ 20A-2 Contributions made prior to the effective date.

[Amended 10-16-2006 by Ord. No. 2006-23 (1011)]
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 any candidate for Ocean County Freeholder, Ocean County Sheriff or Ocean County Surrogate, or municipal or County party committee or PAC referenced in this chapter, 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 chapter.

§ 20A-3 Contribution statement by professional business entity.

[Amended 10-16-2006 by Ord. No. 2006-23 (1011)]
A. 
Prior to awarding any contract or agreement to procure services, including but not limited to banking or insurance coverage services, with any professional business entity, the Borough shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offeror has not made a contribution in violation of § 20A-1 of this chapter.
B. 
The professional business entity shall have a continuing duty to report any violations of this chapter that may occur during the negotiation or duration of a contract. The certification required under this section shall be made prior to execution of the contract or agreement with the Borough and shall be in addition to any other certifications that may be required by any other provision of law.

§ 20A-4 Return of excess contributions.

A professional business entity or Borough candidate or officeholder or municipal or county party committee or PAC referenced in this chapter may cure a violation of § 20A-1 of this chapter if, within 30 days, excluding Sundays, after contribution and award of a contract, the professional business entity notifies the Borough Council in writing and seeks and receives reimbursement of a contribution from the Borough candidate or municipal political party or PAC referenced in this chapter.

§ 20A-5 Penalty.

A. 
It shall be a breach of the terms of the Borough of Lavallette professional service agreement for a business entity to:
(1) 
Make a contribution in violation of this chapter;
(2) 
Knowingly conceal or misrepresent a contribution given or received;
(3) 
Make contributions through intermediaries for the purpose of concealing or misrepresenting the sources of the contribution;
(4) 
Make 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 Borough of Lavallette;
(5) 
Engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make any contribution which, if trade by the business entity itself, would subject that entity to the restrictions of this chapter;
(6) 
Fund contributions to be made by third parties, including consultants, attorneys, family members and employees;
(7) 
Engage in any exchange of contributions to circumvent the intent of this chapter; and/or
(8) 
Directly or indirectly, through or by any person or means, do any act which would subject that entity to the restrictions of this chapter.
B. 
Furthermore, any professional business entity who violates Subsection A(2) through (8) shall be disqualified for eligibility for future Lavallette Borough contacts for a period of two calendar years from the date of the violation.