It shall be the purpose of this article to foster competition
in the contracting process that is exempt from public bidding and
thereby to avoid the appearance of improper influence in public contracting
through unregulated contributions to public officials who award contracts
by business entities who seek public contracts.
As used in this article, the following terms shall have the
meanings set forth below:
BUSINESS ENTITY
An individual person, firm, corporation, professional corporation,
partnership, organization or association. When a business entity is
a natural person, a contribution by that person's spouse or any child
living at home shall be deemed to be a contribution by the business
entity. When a business entity is other than a natural person, a contribution
by all principals, partners, officers or directors of the entity or
their spouses; any subsidiaries directly or indirectly controlled
by the entity; or any political organization organized under Section
527 of the Internal Revenue Code that is directly or indirectly controlled
by the entity shall be deemed to be a contribution by the business
entity.
CANDIDATE
A.
Includes:
(1)
Every candidate for Borough of Washington elective municipal
office;
(2)
Every candidate committee established by or for the benefit
of a candidate for Borough of Washington elective municipal office;
(3)
Every joint candidate committee established in whole or in part
by or for the benefit of a candidate for Borough of Washington elective
municipal office;
(4)
Every political party committee of the Borough of Washington;
(5)
Every political party committee of the County of Warren; and
(6)
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 Washington municipal
or Warren County elective offices or Borough of Washington municipal
or Warren County political parties or political party committees.
B.
The terms in the foregoing paragraph have the meaning set forth
in N.J.A.C. 19:25-1.7.
CONTRIBUTION
Has the meaning set forth in N.J.A.C. 19:25-1.7. By way of
illustration, and not limitation, this definition includes gifts,
pledges, loans and in-kind contributions.
No contribution or solicitation of a contribution made prior to the effective date of this article shall be deemed to give rise to a violation of §
3-26.3.
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 §
3-26.3 if it were an initial contract.
A business entity that is a party to a contract for professional
or extraordinary services may cure a violation of § 3-26A,
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 received reimbursement of the contribution from the
recipient of such contribution.
The contribution limitations prior to entering into a contract in §
3-26.3 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.
The monetary thresholds in §
3-26.3C shall 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 (CPI-U) for New York-Northern New Jersey-Long Island region, rounded to the nearest $10. The Clerk of the Borough of Washington shall, by 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.