[Adopted 12-21-2010 by Ord. No. 32-12-2010[1]]
The Township of Evesham reaffirms the policy of the Township
to set maximum dollar amounts that professional business entities
may contribute politically, beyond which they become ineligible to
receive a public professional service contract from the Township of
Evesham, as well as the Township's policy to prohibit professional
business entities which are performing or being paid under existing
contracts with the Township from making political contributions in
amounts that exceed the Township's limits on political contributions
by professionals. The Township also hereby establishes a policy prohibiting
the transfer or "wheeling" of political contributions by professionals
to candidates or municipal political committees who are not affiliated
with the Township of Evesham.
For purposes of this article, the terms used herein shall be
given the broadest possible meaning in order to effectuate the policy
objectives stated and adopted. Certain specific terms used shall have
the following meanings:
The act of giving money or providing in-kind contributions
to aid a municipal political candidate or any of the political committees
or political entities otherwise referenced in this article.
Shall have the same meaning as "contributing."
Shall be given the same meaning and use generally utilized
by the Election Law Enforcement Commission of the State of New Jersey
under the statutes and regulations governing that agency. The term
shall include but not be limited to payments or donations of money
and in-kind contributions.
The terms "PAC" or "PACs" are abbreviations for "political
action committee" or "political action committees," respectively.
The terms refer to organizations that regularly engage in, or whose
primary purpose is, the support of municipal elections and/or municipal
parties in excess of the thresholds specified in this article. The
foregoing shall be limited to organizations and entities which support
or oppose Evesham Township candidates for Mayor or Township Council,
or which engage in political activities in support or opposition to
candidates for Evesham Township Mayor or Evesham Township Council.
Has the same definition as "contributions," hereinabove.
A "professional business entity" seeking a public contract
means individuals and firms engaged in the rendering of legal services,
engineering services, survey work, architectural services, planning
services, design services, financial consulting and other consulting
work, auditing, accounting, appraisal services, insurance services
and banking. If a professional business entity is an individual, the
definition includes the individual and the individual's spouse, if
any, and any child living at home. "Professional business entities"
also include firms, corporations, professional corporations, partnerships,
business organizations, and/or business associations who provide professional
services, where those professional services are exempt from public
bidding for public contracts pursuant to the Local Public Contracts
Law.[1] As it relates to corporations, business trusts, partnerships,
and subsidiaries directly controlled by a business entity, the definition
of a business entity includes all principals who own 10% or more of
the equity in the corporation or business trust, and includes all
partners and officers in the aggregate employed by the entity and
by any subsidiaries directly controlled by the business entity.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
The following prohibitions are imposed upon those individuals
or entities seeking professional, banking or insurance contracts with
the Township of Evesham:
A.
Notwithstanding the provisions of any other law to the contrary, Evesham Township, its purchasing agents, boards, commissions or committees or agencies or those of its independent authorities, as the case may be, shall not enter into a professional services contract having an anticipated value in excess of $17,500, as determined in advance and certified in writing by the municipality, agency or instrumentality, with a business entity, except a contract that is awarded pursuant to a fair and open process, if, during the preceding one-year period, that business entity has made a contribution to any campaign committee of any Township of Evesham candidate or candidates or holder of public office having the ultimate responsibility for awarding of the contract or to any Evesham political party committee or to any municipal political action committee as defined in § 27-6 in excess of the threshold specified in Subsection D.
[Amended 3-18-2014 by Ord. No. 4-3-2014]
B.
No professional business entity that has entered into a contract having an anticipated value in excess of $17,500 with Evesham Township, its purchasing agents, boards, commissions or committees or agencies or those of its independent authorities, as the case may be, except a contract that is awarded pursuant to a fair and open process, shall make a contribution to any campaign committee of any Township of Evesham candidate or candidates or holder of public office having the ultimate responsibility for awarding of the contract, or to any Evesham political party committee or to any municipal political action committee as defined in § 27-6 in excess of the threshold specified in Subsection D during the term of that contract.
[Amended 3-18-2014 by Ord. No. 4-3-2014]
C.
For purposes of this article, a "professional business entity" seeking
a public contract means an individual including the individual's spouse,
if any, and any child living at home; 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 "professional business entity" under this section may contribute a maximum of $2,600 per election for any purpose to each candidate for Mayor and Council. Said entity may also contribute $7,200 annually to each Evesham Township political party committee and to any political action committees, as defined in this chapter, without violating Subsections A and B of this section. The figures identified herein shall mirror the contribution limits established by Title 19 of the Revised Statutes as may be amended from time to time by the state. When and if the state adjusts contribution limit figures, Evesham limits shall automatically adjust to remain consistent and legally compliant.
[Amended 3-18-2014 by Ord. No. 4-3-2014]
E.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be the
Township Council of the Township of Evesham, if the contract requires
approval or appropriation from the Council.
No contribution of money or any other thing of value, including
in-kind contributions, made by a professional business entity to any
municipal candidate for Mayor or Council, or municipal 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 section.
All Township of Evesham municipal candidates or municipal officeholders
shall sign an acknowledgement statement at the time of submission
of candidacy petitions to the Township of Evesham Clerk that they
have received a copy of the Township of Evesham's Ordinance for Public
Contracting ("Pay-to-Play") Reform.
A.
Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional business entity, the Township or any of its purchasing agents or agencies or boards, commissions or committees, as the case may be, shall receive a certification from the professional business entity made that the bidder or offer or has not made a contribution in violation of § 27-5 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
Township and shall be in addition to any other certifications that
may be required by any other provision of law.
A professional business entity or Township candidate or officeholder or municipal or county party committee or PAC referenced in this article may cure a violation of § 27-5 of this article; if, within 30 days after the general election, the professional 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.
A candidate for Mayor or Council shall not make a contribution
to any other candidate committee or municipal party committee not
affiliated with the Township of Evesham; nor shall any such candidate
accept a contribution from any other candidate committee or municipal
party committee not affiliated with the Township of Evesham.
A.
It shall be a breach of the terms of the Evesham Township 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 Evesham Township;
(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.
This article shall be filed by the Township Clerk with the Secretary
of State in compliance with N.J.S.A. 40A:11-51(c).
