[HISTORY: Adopted by the Mayor and Council
of the Borough of Dumont as indicated in article histories. Amendments
noted where applicable.]
[Adopted 3-4-2008 by Ord. No. 1359; amended
in its entirety 6-11-2019 by Ord. No. 1565]
This article shall be known as and may be cited as the "Fairness
in Employment and Elective Office Ordinance."
A.
The purpose of the following provisions of this article is to recognize
that the residents of Dumont regard their elected officials with a
level of trust that positions or contracts of employment or provision
of services within the Borough will be awarded on the basis of merit
and qualification and that no position or contract of employment or
provision of services within the Borough will be awarded, or consideration
for such employment or provision of services will be enhanced, upon
the basis of familial, personal or political relationship.
B.
Although professional services contracts and certain other contracts
for goods and services are exempt from the competitive bidding requirements
of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the
Borough of Dumont deems it appropriate and consistent with the provisions
of New Jersey legislation, codified at N.J.S.A. 19:44A-20.1 et seq.,
to henceforth award such contracts through a competitive, quality-based,
fair and open process, unless a specific determination to the contrary
is made by the Borough of Dumont through a duly adopted ordinance
or resolution.
C.
Political contributions have a profound impact on government decision
making. A conflict of interest may arise between the business of political
fundraising and the business of government in Borough Hall and other
government-owned premises which may cause a distraction from the people's
business. The paramount public interest in a clean accountable government
requires preventing this conflict and ensuring the integrity of government
decisions by prohibiting political fundraising on or by the use of
public property.
D.
This article requires disclosure by professionals and specified vendors
of contributions in lower amounts than that required by N.J.S.A. 19:44A-20.1
et seq., and N.J.S.A. 40A:11-1 et seq., in order to promote greater
transparency than required by New Jersey State law.
As used in this article, the following terms shall have the
meanings indicated:
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 any other state or
foreign jurisdiction.
Any individual seeking election to a public office of the
federal government, state, county, municipality, school district and/or
political organization at an election.
Includes all loans and transfers of money or other thing
of value to or by any candidate, elected official or political organization
and all pledges or other commitments or assumptions of liability to
make any such transfer. Contributions shall be deemed to have been
made upon the date when such commitment is made or liability assumed.
Any person holding elective office in the Borough of Dumont
or holding an appointed position in the government of Dumont Borough,
or in any agency, commission, board or office thereof, whether the
position is full-time or part-time, compensated or uncompensated;
and any employee in Dumont Borough government or in any agency, commission,
board or office thereof, whether the position is full-time or part-time.
Any two or more persons acting jointly, or any corporation,
partnership or any other incorporated or unincorporated association
which is organized to, or does, aid or promote the nomination, election
or defeat of any candidate or candidates for federal, state, county,
municipal or school board office. "Political organization" includes,
but is not limited to, organizations otherwise defined as a "political
committee," "joint candidates committee," "legislative leadership
committee" and "political action committee."
Buildings, land, vehicles, phones (landline, cellular and
otherwise), fax machines, computers or other office equipment or supplies
and other real or personal property owned, leased or controlled by
the municipality, except for public roads and open park land.
In relationship to the elected official, the spouse, child,
stepchild, parent, stepparent, grandchild, stepgrandchild, in-law,
sibling, child of sibling, or sibling of parent.
To seek, by oral or written communication, a contribution,
as same is defined herein.
A.
It shall be a violation of this article for an elected official to
make promises or representations binding the Borough for expenditure
of Borough funds, unless the elected official is acting within the
usual course of business of the elected office or under the authority
of a duly passed resolution or ordinance by the Borough.
It shall be a violation of this article for an elected official
or a relative of the elected official or the Borough Administrator
or a relative of the Borough Administrator of any department head
or a relative of the department head, as herein defined, to knowingly
undertake or execute any contract, award or agreement for services
or purchase either awarded or granted by the Borough or an agency
or instrumentality thereof.
No relative, as defined in § 13-3 of this article, of any Borough elected official of the Borough Administrator or any Borough department head shall, after the effective date hereof, be hired by any Borough department or autonomous agency in any full-time or part-time, summer and/or seasonal position during the elected officials' holding of office unless a waiver is granted by the Borough in the form of a resolution adopted by the governing body. This provision shall not apply to summer counselors.
A.
No Borough of Dumont board, agency, commission or other Borough body
shall, for a period of one year subsequent to the completion, resignation,
expiration or termination of a Mayoral and/or Council member's elected
or appointed term of office:
B.
Neither the Borough of Dumont nor any autonomous agency, board or
authority established by the Borough shall be subject to this restriction
with respect to the award of any contract which is publicly bid, pursuant
to N.J.S.A. 40A:11-1 et seq., or awarded pursuant to a "fair and open
process," as defined herein.
A.
Process for award of professional services and other no-bid contracts.
The Borough of Dumont, or any agency or instrumentality thereof, shall
not enter into a contract, including a professional services contract
or such other contract which is exempt from public bidding requirements
having an anticipated value in excess of $17,500, as determined by
the Borough of Dumont or any agency or instrumentality, with a business
entity, except through a contract that is awarded pursuant to a fair
and open process as codified in N.J.S.A. 19:44A-20.4 et seq. The fair
and open process shall be quality-based and shall be as follows:
(1)
Professional services may be awarded by virtue of a publicly advertised
request for qualifications (RFQ) which will be issued as one document
for those appointments which are made on an annual basis, such as,
but not limited to, the positions of Borough Attorney, Borough Engineer,
Borough Planner, Borough Labor Council, Joint Land Use Board Attorney,
Joint Land Use Board Engineer, and such other statutory and/or ordinance-
and/or resolution-created public positions.
(2)
For said positions, no contract shall be awarded unless and until
the positions are:
(a)
Publicly advertised in newspapers and on the internet website
maintained by the Borough at least 10 calendar days in advance, which
shall be deemed sufficient time to give notice in advance of the solicitation
for the contracts;
(b)
Awarded under a process that provides for public solicitation
of proposals and qualifications, including the following:
[1]
Experience and reputation in the field;
[2]
Knowledge of the subject matter of the services to be provided
to the Borough;
[3]
Knowledge of the Borough, its affairs and operations;
[4]
Availability to accommodate any required meetings of the Borough;
[5]
Compensation proposal;
[6]
Compliance with the minimum qualifications established by the
Borough for the position;
[7]
Other factors determined to be in the best interest of the Borough,
including quoted fees, where applicable.
(c)
The ultimate decision to award is decided by the governing body
(or board/authority/commission) as it deems in its best interests
and not subject to appeal;
(d)
Awarded and disclosed under criteria established in writing
by the Borough of Dumont prior to the solicitation of proposals or
qualifications as set forth in this article;
(e)
Publicly announced when awarded; and as to those RFQs which
prove to be unsuccessful, the Borough Clerk shall retain a copy of
same on file for a period of not less than 60 calendar days.
(3)
For contracts which arise on an occasional basis, such as appraisals
needed for the acquisition of land and/or open space, as well as title
searches, surveying, and similar work associated with same; and comparable
assignments, such as planning services needed for Master Plan updates,
appraisals, special counsel, special project engineer contracts, etc.,
professional services contracts may be awarded without following the
foregoing provisions, so long as:
B.
Review of RFQs.
(1)
Review of RFQs by review committee. A review committee shall be established
by the Mayor consisting of not less than two Council members, one
of which shall be the Council President, as well as the Mayor, to
prepare, process and evaluate any RFQ issued pursuant to the professional
services contracting procedures set forth above. The review committee
shall evaluate the respective qualifications and/or proposals, taking
into consideration the designated qualifications and/or performance
criteria, experience, reputation of vendor, quality of services, quoted
fee and other relevant factors in making a recommendation of award
to the governing body; and the Mayor or designee may, in his/her sole
discretion, conduct negotiations with qualified vendors after receipt
of proposals, in order to achieve the best possible contract terms
and conditions for the Borough and its taxpayers. No contract shall
be awarded, however, unless same is authorized by resolution duly
adopted in public session by the governing body.
C.
Contributions during term of contract. A business entity that has
entered into a contract having an anticipated value in excess of $17,500
with the Borough of Dumont, or any agency or instrumentality thereof,
shall report any such contribution made to a Dumont candidate, Dumont
political organization or Dumont municipal official in excess of $100
to the Borough Clerk within seven business days of making such a contribution.
D.
Submission of a contribution statement by a professional business
entity setting forth all contributions in excess of $100 made to a
Dumont candidate, Dumont political organization or Dumont municipal
official in the Borough of Dumont.
(1)
Prior to awarding any contract or agreement to procure services,
including banking or insurance coverage 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 offeror
has not made a contribution in violation of this article;
(2)
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.
E.
Contracts issued without use of the RFQ process.
(1)
In circumstances where the Mayor or designee or the governing body
determines that the use of the RFQ process is not appropriate, such
as, but not limited to, contracts with other government agencies,
and agreements with public utilities, the Administrator shall use
his/her best efforts to obtain at least two quotations for the work
and shall require the contractor to fully comply with the provisions
of N.J.S.A. 19:44A-20.27.
(2)
No business entity which enters into negotiations for or agrees to
enter into any contract or agreement with the Borough of Dumont 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, shall solicit or make any contribution
of money, or pledge of a contribution, including in-kind contributions,
to any Borough of Dumont 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 Dumont Borough party committee, 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. This
specifically and only relates to contracts dealt with under this specific
subsection.
F.
Emergency exceptions. Notwithstanding the foregoing, the governing
body recognizes that the New Jersey Legislature has provided for certain
emergencies and further recognizes that the procedure outlined above
might not be capable of being achieved in the event of an emergency
or other time constraints. Thus, should a situation arise and time
does not permit resort to this procedure, and the immediate performance
of services is necessary, then an award for same may be made in accordance
with the provisions of the Local Public Contracts Law[1] relating to emergency contracts and such rules and regulations
as may be promulgated, from time to time, by the governing body with
regard to same. No such emergency contracts, however, may be awarded
without a resolution establishing a basis for the deviation from the
procedures outlined herein.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
A.
Partisan political activity prohibited. No Borough officer or Borough
employee, who has a fixed or regular Borough set work schedule, shall
engage in partisan political activity for or on behalf of any individual
or political organization during paid working hours. This provision
shall not apply to the activities of any elected official during the
course of his official duties.
B.
Solicitation of political contributions on public property prohibited.
No Borough official, employee or appointee may solicit, commit to
pay or receive payment of or a commitment to pay any contribution
for any candidate, elected official or political organization while
in or on the property of the municipality, whether owned or leased,
or utilizing the property of the Borough of Dumont, whether owned
or leased.
C.
Prohibited forms of fundraising. Prohibited forms of fundraising
shall include, but are not limited to:
(1)
Soliciting or accepting contributions using municipal phones, fax
machines and/or computers;
(2)
Soliciting or accepting contributions using personal telephones while
on the property of the Borough of Dumont;
(3)
Soliciting or accepting contributions through the use of publicly
owned or leased computers or privately owned or leased personal computers
while on the property of the Borough of Dumont;
(4)
Using Borough of Dumont letterhead to solicit or accept contributions;
(5)
Sending correspondence from Borough of Dumont municipal buildings
or by the use of municipal services, equipment or postage;
(6)
Face-to-face soliciting of an individual or an owner or representative
of a business entity while on the property of the Borough of Dumont;
(7)
Use of automobiles owned or leased by the Borough of Dumont to accept
or solicit contributions.
It shall be unlawful for any employee, elected official or appointee
to be dismissed, reprimanded, retaliated against or otherwise intimidated
for reporting any violations of this article.
Any business entity determined by the Borough Business Administrator
to have willingly and knowingly violated the provisions of this article
shall be served with notice of such violation by the Borough Business
Administrator and terminated. Such a business entity may, within five
days of receipt of such notice, request a hearing by the Mayor and
Council. The Mayor and Council shall take such evidence as they deem
appropriate and determine if the violation was willingly and knowingly
made, and, if so, the termination shall be final; otherwise, the termination
shall be rescinded.
To the extent that any provision hereof is found to be invalid
or unenforceable, that provision shall be severed from this article
and render the remainder of said article effective and enforceable.
