Township of Parsippany-Troy Hills, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
[Adopted 3-16-2010 by Ord. No. 2010:02[1]]
[1]
Editor's Note: This article also repealed former Art. I, Prohibitions on Contract Awards, adopted 8-31-2009 by Ord. No. 2009:33.
For purposes of this article, the following words shall have the meanings indicated:
CANDIDATE COMMITTEE
Any candidate committee or joint candidate committee established for the candidacy to any elected office in the Township of Parsippany-Troy Hills pursuant to N.J.S.A 19:44A-1 et seq. and any New Jersey Election Law Enforcement Commission regulations promulgated thereto, N.J.A.C 19:25-1.1 et seq.
POLITICAL PARTY COMMITTEE
Any political party committee established pursuant to N.J.S.A 19:5-2 in the Township of Parsippany-Troy Hills and any New Jersey Election Law Enforcement Commission regulations promulgated thereto, N.J.A.C 19:25-1.1 et seq.
CONTINUING POLITICAL COMMITTEE
Defined as per the New Jersey Election Law Enforcement Commission regulations set forth at N.J.A.C 19:25-1.1 et seq.
PROFESSIONAL BUSINESS ENTITY
An individual, firm, corporation, partnership, limited liability partnership, limited liability company, any and all labor unions (which shall include labor unions affiliated with the Township of Parsippany-Troy Hills and labor unions not affiliated with the Township of Parsippany-Troy Hills) or other entity contracting with the Township of Parsippany-Troy Hills. "Professional business entity" shall also mean, refer to and include all individuals who own 10% or more of the equity in the entities described in the preceding sentence, including their spouses and children living in the same residence. Thus, individuals with 10% or more ownership of or equity in a business entity may not avoid the contributions limitations by contracting with the Township of Parsippany-Troy Hills in his or her individual name.
TOWNSHIP OF PARSIPPANY-TROY HILLS
The municipality of Parsippany-Troy Hills, and all agencies, boards, utilities, authorities, departments and instrumentalities thereof.
A. 
To the extent that it is not inconsistent with state or federal law, the Township of Parsippany-Troy Hills shall not enter into any agreement or otherwise enter into a contract for professional services with any professional business entity and/or contracts with labor unions if such professional business entity has made any contribution of money, or pledge of a contribution, including reportable in-kind contributions, in excess of the thresholds specified in Subsection B within one calendar year immediately preceding the date of such contract or agreement to:
(1) 
A campaign committee of any municipal candidate or holder of public office in the Township of Parsippany Troy Hills having ultimate responsibility for the award of a contract; or
(2) 
Any municipal political party committee organized in the Township of Parsippany-Troy Hills; or
(3) 
Any continuing political committee that regularly engages in the support of municipal elections in the Township of Parsippany-Troy Hills and/or municipal political party committees organized in the Township of Parsippany-Troy Hills.
B. 
Limits for permitted contributions.
(1) 
Any professional business entity under this section shall be permitted, without violating Subsection A, to annually contribute:
(a) 
A maximum of $300 to the candidate committee of any municipal candidate or holder of public office in the Township of Parsippany-Troy Hills; and/or
(b) 
A maximum of $300 to a political party committee organized in the Township of Parsippany-Troy Hills; and/or
(c) 
Five hundred dollars to a continuing political committee subject to this article.
(2) 
Notwithstanding the limitations set forth above, any professional business entity under this section may not annually contribute in the aggregate in excess of $2,500 to all candidate committees, political party committees and continuing political committees referenced in this article combined without violating this article.
C. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
(1) 
The Township of Parsippany-Troy Hills Mayor or governing body, if the contract requires approval or appropriation from the Mayor or governing body.
(2) 
The Mayor of the Township of Parsippany-Troy Hills, if the contract requires approval of the Mayor, or if a public officer, board or agency that is responsible for the award of the contract is appointed by the Mayor or the Council.
No contribution of money or any other thing of value, including reportable in-kind contributions, made by a professional business entity subject to this article to any candidate committees, political party committees, and continuing political committees referenced in this article shall be deemed a violation of this article 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 services with any professional business entity, the Township of Parsippany-Troy Hills shall receive a sworn statement from the professional business entity, made under penalty of perjury, that the contracting party has not made a contribution in violation of this article.
B. 
The professional business entity shall have a continuing duty to report any violations of this article. The certification required under this subsection shall be made prior to entry into the contract with the Township of Parsippany-Troy Hills, and shall be in addition to any other certifications that may be required by any other provision of law.
A professional business entity, or municipal candidate committee, or Township of Parsippany-Troy Hills political party committee or continuing political committee referenced in this article, may cure a violation of this article if, within the later of 60 days after the general election or 60 days after the applicable Election Law Enforcement Commission Report including the relevant contribution is filed, the professional business entity seeks and receives reimbursement of the contribution from the relevant municipal candidate committee, Township of Parsippany-Troy Hills political party committee or continuing political committee referenced in this article.
A. 
The contribution limitations set forth in § 12-2 do not apply to contracts which are required by law to be awarded to the lowest responsible bidder or to any nonprofessional service contracts.
B. 
This article shall only apply to professional service contracts. This article shall not apply to contracts specifically exempted from the requirement to be publicly bid under N.J.S.A. 40A:11-5 et seq. and N.J.S.A. 58:27-19 et seq.; except professional services.
C. 
This article shall not apply to contracts awarded under exigent circumstances.
A. 
It shall be a breach of the terms of the Township of Parsippany-Troy Hills professional service agreement to knowingly and intentionally:
(1) 
Make or solicit a contribution in violation of this article;
(2) 
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 candidate committee of any candidate or holder of the public office of Township of Parsippany-Troy Hills;
(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.
B. 
Furthermore, any individual or professional business entity that violates Subsection A(1) through (7) shall be disqualified from eligibility for future Township of Parsippany-Troy Hills contracts for a period of four calendar years from the date of the violation.