[HISTORY: Adopted by the Township Council
of the Township of Moorestown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-17-2008 by Ord. No. 32-2008[1]]
[1]
Editor's Note: This preamble to this ordinance
also stated: "The policy of the Township of Moorestown will be to
set maximum amounts professional business entities may contribute
politically beyond which they become ineligible to receive a public
professional service contract from the Township of Moorestown."
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 Moorestown Township 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 Moorestown Township party committee, or to any political action committee (PAC) that regularly engages in the support of Township elections in excess of the thresholds specified in Subsection C within one calendar year immediately preceding the date of the contract or agreement.
[Amended 10-5-2009 by Ord. No. 23-2009]
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 Moorestown Township municipal candidate
or holder of the public office having ultimate responsibility for
the award of the contract, or campaign committee supporting such candidate
of officeholder, or to any Moorestown Township party committee, or
to any PAC that regularly engages in the support of Township elections
or Township parties between the time of first communications between
that business entity and the Township regarding a specific professional
services agreement and the later of the termination of negotiations
or the completion of the contract or agreement.
[Amended 10-5-2009 by Ord. No. 23-2009]
C.
Contribution limits.
[Amended 10-5-2009 by Ord. No. 23-2009]
(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 council, or $300 to each Moorestown Township party committee, or $500 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 Moorestown Township candidates and officeholders with ultimate responsibility for the award of the contract and all Moorestown Township 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
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.
E.
No Moorestown
Township candidate for council, officeholder, political party committee
or PAC shall solicit any contribution or funds from any state or county
political party or committee or PAC for the purpose of supporting
the election of any Council candidate or officeholder.
[Added 10-5-2009 by Ord. No. 23-2009]
[Amended 10-5-2009 by Ord. No. 23-2009]
No contribution of money or any other thing
of value, including in-kind contributions, made by a professional
business entity to any Township candidate for Council, or Township
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.
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 Township 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 offer or has not made a contribution in violation of § 10-1 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 Township and shall be in addition to any other
certifications that may be required by any other provision of law.
[Amended 10-5-2009 by Ord. No. 23-2009]
A professional business entity or Township candidate or officeholder or Township party committee or PAC referenced in this article may cure a violation of § 10-1 of this article if, within 30 days after the contribution, the professional business entity notifies the Township Council in writing and seeks and receives reimbursement of a contribution from the Township candidate or Township political party or PAC referenced in this article.
A.
It shall be a breach of the terms of the Moorestown
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 Moorestown 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 become effective 20 days
following the earlier of final adoption thereof by the Township Council
of Moorestown Township; or the date on which the passage of this article
as a public question is certified pursuant to N.J.S.A. 19:20-9 or
other applicable law, and shall be published as required by law.
