Township of Mine Hill, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Mine Hill as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-2-2004 by Ord. No. 11-04]

§ 29-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
BUSINESS ENTITY
Any natural or legal person, business corporation, professional services corporation, limited-liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this state or of any other state or foreign jurisdiction.

§ 29-2 Prohibition on awarding public contracts to certain contributors.

A. 
Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies, as the case may be, shall not enter into an agreement or otherwise contract to procure services or any material, supplies or equipment, or to acquire, sell, or lease any car or building, from any business entity, if that business entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to a campaign committee of any Mine Hill candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any Mine Hill party committee, or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting Mine Hill municipal candidates or municipal officeholders in excess of the thresholds specified in Subsection D within one calendar year immediately preceding the date of the contract or agreement.
B. 
No business entity that enters into negotiations for, or agrees to, any contract or agreement with Mine Hill or any department or agency thereof or of its independent authorities for the provision of any services or any material, supplies or equipment, or to acquire, sell, or lease any car or building shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any Mine Hill candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any Mine Hill party committee, or to any PAC that is organized for the primary purpose of promoting or supporting Mine Hill municipal candidates or municipal officeholders between the time of first communications between that business entity and the Township regarding a specific agreement and the later of the termination of negotiations or the completion of the contract or agreement.
C. 
For purposes of this article, a "business entity" means an individual, including the individual's spouse, if any, and any child living at home; any person, firm, corporation, professional corporation, partnership, organization, or association. The definition of a "business entity" 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 as well as any subsidiaries directly controlled by the business entity.
D. 
Any individual meeting the definition of "business entity" under this section may annually contribute a maximum of $400 each person for any purpose to any candidate for Mayor or Council, or $500 to a Mine Hill party committee, or to a PAC that is organized for the primary purpose of promoting or supporting Mine Hill municipal candidates or municipal officeholders referenced in this article, without violating Subsection A of this section. Any group of individuals meeting the definition of "business entity" under this section, including such principals, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $2,500 to all Mine Hill candidates and officeholders with ultimate responsibility for the award of the contract, and all Mine Hill or Morris County political parties and PACs referenced in this article combined, without violating Subsection A of this section.
E. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
(1) 
The Mine Hill Council, if the contract requires approval or appropriation from the Council; or
(2) 
The Mayor of Mine Hill, 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.

§ 29-3 Contributions made prior to effective date.

No contribution of money or any other thing of value, including in-kind contributions, made by a business entity to any municipal candidate for Mayor or Council, or municipal or county party committee or PAC referenced in this article 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 business entity prior to the effective date of this article.

§ 29-4 Contribution statement by business entity.

A. 
Prior to awarding any contract or agreement to procure services or any material, supplies or equipment, or to acquire, sell, or lease any car or building, including banking or insurance coverage services, with any business entity, the Township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the business entity, made under penalty of perjury, that the bidder or offeror has not made a contribution in violation of § 29-2 of this article.
B. 
The business entity shall have a continuing duty to report any violations of this article that may occur during the negotiation or duration of a contract. The certification required under this section shall be made prior to entry into the contract or agreement with the Township and shall be in addition to any other certifications that may be required by any other provision of law.

§ 29-5 Return of excess contributions.

A business entity or Township candidate or officeholder or municipal party committee or PAC referenced in this article may cure a violation of § 29-2 of this article, if, within 30 days after receiving notice of such violation, the business entity notifies the Township Council in writing and seeks and receives reimbursement of a contribution from the Township candidate or municipal political party or PAC referenced in this article.

§ 29-6 Violations and penalties.

A. 
All Mine Hill public contracts shall provide that it shall be a breach of the terms of the public contract for a business entity as defined in § 29-1 to violate § 29-2 or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
B. 
Any business entity as defined in § 29-1 who knowingly fails to reveal a contribution made in violation of this Act, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future Mine Hill contracts for a period of four calendar years from the date of the violation.