[Adopted by the Collingswood voters at the 11-7-2006
General Election by Ord. No. 1425[1]]
[1]
Editor's Note: Ord. No. 1415, which established political contribution
limits for professional contracts, was adopted by the Borough Commission of
the Borough of Collingwood 9-5-2006.
A.
Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure professional, banking, insurance coverage services or any other consulting services, from any professional business entity, including those awarded pursuant to a fair and open process, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to any Collingswood 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 Collingswood Borough or Camden County party committee, or to any political action committee that regularly engages in the support of Borough or county elections and/or Borough or county parties (PAC) in excess of the thresholds specified in Subsection C within one calendar year immediately preceding the date of the contract or agreement.
B.
No professional business entity which enters into negotiations
for or agrees to any contract or agreement with the municipality or any department
or agency thereof or of its independent authorities for the rendition of professional,
banking or insurance coverage services or any other consulting services, including
those awarded pursuant to a fair and open process, shall solicit or make any
contribution of money, or pledge of a contribution, including in-kind contributions,
to any Collingswood 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 Collingswood
Borough or Camden County party committee, or to any PAC that regularly engages
in the support of Borough or county elections and/or Borough or county parties
between the time of first communications between that business entity and
the Borough regarding a specific professional services agreement and the later
of the termination of negotiations or the completion of the contract or agreement.
C.
Contribution limits.
(1)
Subject to the limitations in Subsection C(2), any entity meeting the definition of professional business entity under this section may annually contribute a maximum of $300 for any purpose to each candidate for Mayor or Council, or $300 to each Collingswood Borough party committee, or $500 to each Camden County party committee, or to a PAC referenced in this article, without violating Subsection A of this section.
(2)
However, any entity meeting the definition of "professional 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 a total of $2,500 to all Collingswood Borough candidates and officeholders with ultimate responsibility for the award of the contract and all Collingswood Borough or Camden County political parties and PACs referenced in this article combined without violating Subsection A of this section.
D.
For purposes of this article, a "professional business
entity" is any entity seeking or performing a public contract for professional,
banking or insurance coverage services or any other consulting services and
which may be an individual including the individual's spouse, if any,
and any child living at home; a person; firm; corporation; professional corporation;
partnership; organization; or association. The definition of a business entity
includes all principals who own 5% 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.
E.
For purposes of this section, the office that is considered
to have ultimate responsibility for the award of contract shall be:
(1)
The Borough of Collingswood Commission and the Mayor
of the Borough of Collingswood, if the contract requires approval or appropriation
from the Commission.
(2)
The Mayor of the Borough of Collingswood, if the contract
requires approval of the Mayor, or if a public officer who is responsible
for the award of the contract is appointed by the Mayor.
No contribution of money or any other thing of value, including in-kind
contributions, made by a professional business entity to any Borough candidate
for Mayor or Commission or Borough 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 professional business entity
prior to the effective date of this article.
A.
Prior to awarding any contract or agreement to procure
professional services, or banking or insurance coverage services or any other
consulting services, with any professional business entity, the Borough or
any of its purchasing agents or agencies, as the case may be, shall receive
a sworn statement from the professional business entity made under penalty
of perjury that the bidder or officer has not made a contribution in violation
of Section 1 of this article;
B.
The professional 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 subsection
shall be made prior to entry into 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.
A professional business entity or Borough candidate or officeholder or Borough or county party committee or PAC referenced in this article may cure a violation of § 221-6 of this article, if, within 30 days after the contribution, the professional business entity notifies the Borough Commission in writing and seeks and receives reimbursement of a contribution from the Borough candidate or Borough or county political party or PAC referenced in this article.
A.
It shall be a breach of the terms of the Collingswood
Borough professional service agreement for a business entity to:
(1)
Make or solicit a contribution in violation of this article;
(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 of Collingswood Borough;
(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.
