[HISTORY: Adopted by the Borough Council of the Borough of
Seaside Heights as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-6-2016 by Ord.
No. 16-07[1]]
[1]
Editor’s Note: Section 3 of this ordinance also set forth that the monetary thresholds of provided in the definition of “business entity” and in § 65.1-2C are to be increased effective March 1 of each calendar year by the percentage increase in the prior calendar year of the consumer price index for all urban consumers for the New York-Northern New Jersey-Long Island or Philadelphia region, rounded to the nearest $10. In addition, the ordinance stated that the Borough Clerk shall, no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper.
As used in this article, the following terms shall have the
meanings indicated:
A business entity whose contributions are regulated by this
article means:
An individual including the individual's spouse, and any
child/children;
A firm; corporation; professional corporation; partnership;
limited liability company; organization; association; and any other
manner and kind of business entity;
All partners or officers of such an entity, in the aggregate,
and their spouses and child/children;
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
Means:
Every candidate for Borough of Seaside Heights elective municipal
office;
Every candidate committee established by or for the benefit
of a candidate for Borough of Seaside Heights elective municipal office;
Every joint candidate committee established in whole or in part
by or for the benefit of a candidate for Borough of Seaside Heights
elective municipal office;
Every political party committee of the Borough of Seaside Heights;
Every political party committee of the County of Ocean; and
Every political committee, continuing political committee, or
other form of association or organization that regularly engages in
the support of candidates for the Borough of Seaside Heights municipal
or County of Ocean elective offices or Borough of Seaside Heights
municipal or County of Ocean political parties or political party
committees.
The terms in the foregoing definition have the meaning prescribed
in N.J.A.C. 19:25-1.7.
All contracts for "professional services" and "extraordinary
unspecifiable services" as such term is used in N.J.S.A. 40A:11-5.
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 Seaside Heights 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) a candidate, candidate
committee or joint candidates committee of any candidate for elective
municipal office in Borough of Seaside Heights or a holder of public
office having ultimate responsibility for the award of a contract,
or 2) to any Borough of Seaside Heights or County of Ocean political
committee or political party committee, or 3) to any continuing political
committee or political action committee that regularly engages in
the support of Borough of Seaside Heights municipal or County of Ocean
elections and/or Borough of Seaside Heights municipal or County of
Ocean candidates, candidate committees, joint candidate committees,
political committees, political parties, political party committees,
(hereinafter PAC), in excess of the thresholds specified in Subsection
G 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 Seaside
Heights 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 the Borough of Seaside Heights, or a holder of
public office having ultimate responsibility for the award of a contract,
or 2) to any Borough of Seaside Heights or County of Ocean political
committee or political party committee, or 3) any PAC 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 Seaside Heights;
(b)
Five hundred dollars maximum per calendar year to a County of
Ocean political committee or political party committee; and
(c)
Five hundred dollars maximum per calendar year to any PAC.
(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 § 65.1-1, Definitions, above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Borough of Seaside Heights candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of Seaside Heights or County of Ocean 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 Seaside Heights 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 Seaside Heights, 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 Seaside Heights 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 § 65.1-2 of this article. The Borough of Seaside Heights, its purchasing agents and departments shall be responsible for informing the Borough 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 Seaside Heights any contributions that constitute a violation of
this article that are made during the negotiation, proposal process
or the duration of a contract. The Borough of Seaside Heights, 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 Borough Council meeting following
receipt of said report from the business entity, or whichever comes
first.
C.
The certification required under this section shall be made prior
to entry into the contract or agreement with the Borough of Seaside
Heights, 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 § 65.1-2 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 § 65.1-2A 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 Seaside
Heights 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 Seaside Heights, or a holder of public office
having ultimate responsibility for the award of a contract, or any
Borough of Seaside Heights or County of Ocean political committee
or political party committee, or any PAC;
(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.
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 Seaside Heights.
In addition to any rights that were heretofore available or
which may hereafter be available to citizens, taxpayers, or associations,
to challenge violations of this article, every person aggrieved by
a violation of the article, or any taxpayer or resident of the Borough
of Seaside Heights has the right, consistent with the Rules of Court,
to file charges in a court of competent jurisdiction, and/or to pursue
a civil action for a violation of this article in a court of competent
jurisdiction, and to seek and obtain declaratory, injunctive, or other
legal or equitable relief, including but not limited to, attorneys
fees and costs, arising from or related to a violation of this article.