[HISTORY: Adopted by the Township Council of the Township
of Parsippany-Troy Hills as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
[Adopted 3-16-2010 by Ord. No. 2010:02[1]]
[1]
Editor's Note: This article also repealed former Art.
I, Prohibitions on Contract Awards, adopted 8-31-2009 by Ord. No.
2009:33.
For purposes of this article, the following words shall have
the meanings indicated:
Any candidate committee or joint candidate committee established
for the candidacy to any elected office in the Township of Parsippany-Troy
Hills pursuant to N.J.S.A 19:44A-1 et seq. and any New Jersey Election
Law Enforcement Commission regulations promulgated thereto, N.J.A.C
19:25-1.1 et seq.
Any political party committee established pursuant to N.J.S.A
19:5-2 in the Township of Parsippany-Troy Hills and any New Jersey
Election Law Enforcement Commission regulations promulgated thereto,
N.J.A.C 19:25-1.1 et seq.
Defined as per the New Jersey Election Law Enforcement Commission
regulations set forth at N.J.A.C 19:25-1.1 et seq.
An individual, firm, corporation, partnership, limited liability
partnership, limited liability company, any and all labor unions (which
shall include labor unions affiliated with the Township of Parsippany-Troy
Hills and labor unions not affiliated with the Township of Parsippany-Troy
Hills) or other entity contracting with the Township of Parsippany-Troy
Hills. "Professional business entity" shall also mean, refer to and
include all individuals who own 10% or more of the equity in the entities
described in the preceding sentence, including their spouses and children
living in the same residence. Thus, individuals with 10% or more ownership
of or equity in a business entity may not avoid the contributions
limitations by contracting with the Township of Parsippany-Troy Hills
in his or her individual name.
The municipality of Parsippany-Troy Hills, and all agencies,
boards, utilities, authorities, departments and instrumentalities
thereof.
A.
To the extent that it is not inconsistent with state or federal law, the Township of Parsippany-Troy Hills shall not enter into any agreement or otherwise enter into a contract for professional services with any professional business entity and/or contracts with labor unions if such professional business entity has made any contribution of money, or pledge of a contribution, including reportable in-kind contributions, in excess of the thresholds specified in Subsection B within one calendar year immediately preceding the date of such contract or agreement to:
(1)
A campaign committee of any municipal candidate or holder of public
office in the Township of Parsippany Troy Hills having ultimate responsibility
for the award of a contract; or
(2)
Any municipal political party committee organized in the Township
of Parsippany-Troy Hills; or
(3)
Any continuing political committee that regularly engages in the
support of municipal elections in the Township of Parsippany-Troy
Hills and/or municipal political party committees organized in the
Township of Parsippany-Troy Hills.
B.
Limits for permitted contributions.
(1)
Any professional business entity under this section shall be permitted, without violating Subsection A, to annually contribute:
(a)
A maximum of $300 to the candidate committee of any municipal
candidate or holder of public office in the Township of Parsippany-Troy
Hills; and/or
(b)
A maximum of $300 to a political party committee organized in
the Township of Parsippany-Troy Hills; and/or
(c)
Five hundred dollars to a continuing political committee subject
to this article.
(2)
Notwithstanding the limitations set forth above, any professional
business entity under this section may not annually contribute in
the aggregate in excess of $2,500 to all candidate committees, political
party committees and continuing political committees referenced in
this article combined without violating this article.
C.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be:
(1)
The Township of Parsippany-Troy Hills Mayor or governing body, if
the contract requires approval or appropriation from the Mayor or
governing body.
(2)
The Mayor of the Township of Parsippany-Troy Hills, if the contract
requires approval of the Mayor, or if a public officer, board or agency
that is responsible for the award of the contract is appointed by
the Mayor or the Council.
No contribution of money or any other thing of value, including
reportable in-kind contributions, made by a professional business
entity subject to this article to any candidate committees, political
party committees, and continuing political committees referenced in
this article shall be deemed a violation of this article if that contribution
was made by the professional business entity prior to the effective
date of this article.
A.
Prior to awarding any contract or agreement to procure services with
any professional business entity, the Township of Parsippany-Troy
Hills shall receive a sworn statement from the professional business
entity, made under penalty of perjury, that the contracting party
has not made a contribution in violation of this article.
B.
The professional business entity shall have a continuing duty to
report any violations of this article. The certification required
under this subsection shall be made prior to entry into the contract
with the Township of Parsippany-Troy Hills, and shall be in addition
to any other certifications that may be required by any other provision
of law.
A professional business entity, or municipal candidate committee,
or Township of Parsippany-Troy Hills political party committee or
continuing political committee referenced in this article, may cure
a violation of this article if, within the later of 60 days after
the general election or 60 days after the applicable Election Law
Enforcement Commission Report including the relevant contribution
is filed, the professional business entity seeks and receives reimbursement
of the contribution from the relevant municipal candidate committee,
Township of Parsippany-Troy Hills political party committee or continuing
political committee referenced in this article.
A.
The contribution limitations set forth in § 12-2 do not apply to contracts which are required by law to be awarded to the lowest responsible bidder or to any nonprofessional service contracts.
B.
This article shall only apply to professional service contracts.
This article shall not apply to contracts specifically exempted from
the requirement to be publicly bid under N.J.S.A. 40A:11-5 et seq.
and N.J.S.A. 58:27-19 et seq.; except professional services.
C.
This article shall not apply to contracts awarded under exigent circumstances.
A.
It shall be a breach of the terms of the Township of Parsippany-Troy
Hills professional service agreement to knowingly and intentionally:
(1)
Make or solicit a contribution in violation of this article;
(2)
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 candidate committee of any candidate
or holder of the public office of Township of Parsippany-Troy Hills;
(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.
