[HISTORY: Adopted by the Mayor and Council of the Borough
of Norwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-10-2014 by Ord. No. 14:14[1]]
[1]
Editor's Note: This chapter was adopted as Ch. 48 but
was renumbered to maintain the organizational structure of the Code.
The following words and terms, when used in this chapter, will
have the meanings set forth in this section, unless a different meaning
clearly appears from the context.
The Borough of Norwood or any of its purchasing agents or
agencies or those of its independent authorities, if any.
A 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. The term "business entity" includes for profit
and nonprofit entities and includes all directors, officers, partners,
members, principals, or any person holding or owning an interest in
the business entity, or any subsidiaries directly controlled by the
business entity.
An individual who:
Is seeking election to a public office of this state or of a
county, municipality or school or fire district at any election;
Has been elected or failed election to an office, other than
a party office, for which he or she sought election, and who receives
contributions and makes expenditures for any of the purposes authorized
by N.J.S.A. 19:44A-11.2;
This definition does not include an individual seeking federal
elective office or state, county, or municipal political party office.
A committee established by a candidate pursuant to N.J.S.A.
19:44A-9(a), for the purpose of receiving contributions and making
expenditures.
The New Jersey Election Law Enforcement Commission.
Includes any group of two or more persons acting jointly, or
any corporation, partnership, or any other incorporated or unincorporated
association, including a political club, political action committee,
civic association, or other organizations, which in any calendar year
contributes or expects to contribute at least $4,300 to aid or promote
the candidacy of an individual, or the candidacies of individuals,
for elective public office, or the passage or defeat of a public question
or public questions, and which may be expected to make contributions
toward such aid or promotion or passage or defeat during a subsequent
election, provided that the group, corporation, partnership, association,
or other organization has been determined by the Commission to be
a continuing political committee in accordance with N.J.S.A. 19:44A-8(b).
A continuing political committee does not include:
A candidate committee, joint candidates committee, political
committee, a political party committee, or a legislative leadership
committee; or
A contributor not involved in fundraising (that is, not soliciting
or accepting contributions to aid or promote candidates, or the passage
or defeat of public questions) and not conducting any election-related
activity, other than making contributions from its own funds to a
candidate committee, joint candidates committee, political committee,
continuing political committee, political party committee, or legislative
leadership committee.
Any contract, agreement, or purchase order authorized or
entered into on or after January 1, 2013, between the Borough and
a business entity for the provision of any goods or the provision
of any services in excess of $17,500, or any combination of goods
and services in excess of $17,500, except:
Contracts that are awarded to the lowest responsible bidder
as a result of open public bidding as set forth under the Local Public
Contracts Law, N.J.S.A. 40A:11-1 et seq.; and
Contracts that are awarded pursuant to the competitive contracting
requirements of N.J.S.A. 40A:11-4.1 to 40A:11-4.5.
Includes every loan, gift, subscription, advance, or transfer
of money or other thing of value, including any in-kind contribution,
made to or on behalf of any candidate committee, joint candidates
committee, political party committee, or legislative leadership committee
and any pledge or other commitment or assumption of liability to make
such transfer. For the purposes of this chapter, any such commitment
or assumption will be deemed to have been a contribution upon the
date when the commitment is made or liability assumed. Funds or other
benefits received solely for the purpose of determining whether an
individual should become a candidate are contributions.
A contribution or contributions in excess of $300 in the
aggregate per candidate made to or received by a candidate committee,
joint candidates committee, or political committee or $300 in the
aggregate per calendar year made to or received by a political party
committee, legislative leadership committee, or continuing political
committee.
A committee organized pursuant to N.J.S.A. 19:5-3.
Any member of the governing board of a corporation, including
a nonprofit corporation, whether designated as a director, trustee,
manager, governor, or by any other title.
A process for awarding contracts adopted pursuant to N.J.S.A.
19:44A-20.5, which provides, at a minimum, that the contract will
be:
Publicly advertised in newspapers or on the Internet website
maintained by the public entity in sufficient time to give notice
in advance of the contract;
Awarded under a process that provides for public solicitation
of proposals or qualifications and awarded and disclosed under criteria
established in writing by the public entity prior to the solicitation
of proposals or qualifications; and
Publicly opened and announced when awarded.
A contribution of goods or services received by a candidate
committee, joint candidates committee, political committee, continuing
political committee, political party committee, or legislative leadership
committee, which contribution is paid for by a person or entity other
than the recipient committee, but does not include services provided
without compensation by an individual volunteering a part of or all
of his or her time on behalf of a candidate or committee.
The ownership or control of more than 10% of the profits
or assets of a business entity or more than 10% of the stock, in the
case of a business entity that is a corporation for profit, as appropriate.
A committee established pursuant to N.J.S.A. 19:44A-9(a)
by at least two candidates for the same elective public offices in
the same election in a legislative district, county, or municipality,
but not more candidates than the total number of the same elective
public offices to be filled in that election, for the purpose of receiving
contributions and making expenditures. For the purpose of this definition,
the offices of members of the Senate and members of the General Assembly
are deemed to be the same elective public offices in a legislative
district; the offices of members of the Board of Chosen Freeholders
and County Executive are deemed to be the same elective public offices
in a county; and the offices of Mayor and members of the municipal
governing body are deemed to be the same elective public offices in
a municipality.
A corporation that possesses legal rights.
A committee established, authorized to be established, or
designated by the President of the Senate, the Minority Leader of
the Senate, the Speaker of the General Assembly, or the Minority Leader
of the General Assembly, pursuant to N.J.S.A. 19:44A-10.1 for the
purpose of receiving contributions and making expenditures.
A county, municipality, agency, or instrumentality of a county
or municipality, independent authority, board of education, or fire
district.
For each election and for each primary election a maximum
of $300 per election and $300 per primary election per candidate to
any candidate for or holder of the office of Mayor or Councilperson
or candidate committee or joint candidates committee supporting any
such candidate or officeholder, or $300 for each election and $300
for each primary election per candidate to any Norwood municipal committee
of a political party.
[Amended 11-11-2015 by Ord. No. 15:16[1]]
A member of a limited-liability company.
A committee organized pursuant to N.J.S.A. 19:5-2.
A human being.
A president, vice president with senior management responsibility,
secretary, treasurer, chief executive officer, or chief financial
officer of a corporation, including a nonprofit corporation, or any
person routinely performing such functions for a corporation.
One of two or more natural persons or other entities, including
a corporation, who or which are joint owners of and carry on a business
for profit, and which business is organized under the laws of this
state or of any other state or foreign jurisdiction, as a general
partnership, limited-liability company, limited partnership association,
or other such form of business organization.
A natural person or other entity who or which owns or controls
more than 10% of the profits or assets of a business entity or 10%
of the stock in the case of a business entity that is a corporation
for profit.
[1]
Editor's Note: This ordinance also set forth that it
is effective retroactively to 12-10-2014.
A.
The Borough will not enter into any contract or agreement to procure
any goods and services, or both, including those awarded pursuant
to a fair and open process, from any business entity that has solicited
or made any contribution to any candidate or holder of the offices
of Norwood Mayor or Councilperson, or candidate committee or joint
candidates committee supporting any such candidate or officeholder,
or to any Norwood municipal committee of a political party, in excess
of the maximum permitted contribution, 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 the Borough for any goods and services,
including those awarded pursuant to a fair and open process, will
solicit or make any contribution in excess of the maximum permitted
contribution to any candidate for or holder of the office of Norwood
Mayor or Councilperson, or candidate committee or joint candidates
committee supporting any such candidate or officeholder, or to any
Norwood municipal committee of a political party, between the time
of the first communications between that business entity and the Borough
regarding a contract or agreement and the later of the termination
of negotiations or the completion of the contract or agreement.
[Amended 11-11-2015 by Ord. No. 15:16[1]]
[1]
Editor's Note: This ordinance also set forth that it
is effective retroactively to 12-10-2014.
No contribution made by a business entity to any candidate for
or holder of the office of Norwood mayor or councilperson, or candidate
committee or joint candidates committee supporting any such candidate
or officeholder, or to any Norwood municipal committee of a political
party, will be deemed a violation of this chapter, nor will an agreement
for property, goods, or services, of any kind whatsoever, be disqualified
thereby, if that contribution was made by the business entity before
the effective date of this chapter.
A.
Within 10 days before awarding any contract or agreement to procure
any goods or services to any business entity, the Borough will receive
a sworn statement from the business entity made under penalty of perjury
stating the following:
(1)
The names of all of the following to which the business entity made
a contribution reportable by the recipient during the twelve-month
period preceding the date of the resolution awarding the contract
with the Borough:
(a)
Any political party committee;
(b)
Any legislative leadership committee;
(c)
Any continuing political committee; and
(d)
Any candidate committee or joint candidates committee of a candidate
for, or holder of, an elective office in the Borough or in Bergen
County, another local unit within Bergen County, and the legislative
district in which the Borough is located;
(2)
The date of the contribution; and
(3)
The amount of the contribution.
B.
As used in this section, the term "elective office" includes an office,
other than party office, for which candidates appear on the ballot
in a primary, general, municipal, school, or special election.
C.
When a public emergency, as determined by the Borough pursuant to
N.J.S.A. 40A:11-6, requires the immediate delivery of goods or services,
then the disclosure required by this section will be made and filed
by the business entity as soon as possible, but no later than 30 days
after the delivery of the goods and services.
D.
The business entity has a continuing duty to report any violation
of this section that may occur during the negotiation of or duration
of a contract. The certification required under this subsection will
be made before the Borough enters into the contract or agreement with
the business entity, and it is in addition to any other certifications
that may be required by any other provision of law.
A contribution will be deemed to be a contribution by a business
entity as follows:
A.
When a business entity is a natural person, a contribution made by
that person's spouse or child, residing therewith, will be deemed
to be a contribution by the business entity.
B.
When a business entity is other than a natural person, a contribution
made by any of the following will be deemed to be a contribution by
the business entity:
(1)
A person or other business entity having an interest in the business
entity;
(2)
A principal partner, officer, director, or trustee of the business
entity;
(3)
The spouse of a principal partner, officer, director, or trustee
of the business entity;
(4)
A subsidiary directly or indirectly controlled by the business entity;
and
(5)
A continuing political committee organized under Section 527 of the
Internal Revenue Code that is directly or indirectly controlled by
the business entity.
C.
If a corporation owns sufficient shares or voting interest in a second
corporation to elect a majority of the directors or trustees of the
second corporation, or if a business entity has sufficient control
of a second business entity to direct the decisionmaking of the second
corporation or a second business entity will be a subsidiary directly
or indirectly controlled by a business entity, the contribution will
be deemed to be a contribution of the controlling business entity
or corporation.
D.
The criteria to be applied to determine whether or not a business
entity directly or indirectly controls a continuing political committee
include, but are not limited to, whether or not the business entity
participates as an organizer of the continuing political committee,
participates in decisionmaking with regard to the specific activities
of the continuing political committee, or participates in formation
of the policies of the continuing political committee.
A business entity or any candidate for or holder of the office
of Norwood mayor or councilperson, or candidate committee or joint
candidates committee supporting any such candidate or officeholder,
or any Norwood or Bergen County county committee of a political party,
municipal committee of a political party, or any legislative leadership
committee that regularly engages in, or has as its primary purpose
the support of municipal elections or municipal parties, may cure
a violation of this chapter if, within 30 days after the date on which
an ELEC report disclosing the contribution is published, the business
entity notifies the Borough Council in writing and seeks and receives
reimbursement of the contribution.
A.
It will be a breach of the terms of the contract or agreement between
the Borough and a business entity to:
(1)
Make or solicit a contribution in violation of this chapter;
(2)
Knowingly 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 campaign committee of any candidate
or holder of the public office in Norwood;
(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 chapter;
(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 chapter; 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 chapter.
