[Adopted 6-8-2011 by Ord. No. 10-40]
As used in this article:
BUSINESS ENTITY
Whose contributions are regulated by this article:
A.
An individual including the individual's spouse, and any
child/children;
B.
A firm; corporation; professional corporation; partnership;
limited liability company; organization ; association; and any other
manner and kind of business entity;
C.
Any person who owns 10% or more of the equity or ownership or income interest in a person or entity as defined in Subsections
A and
B of this definition above and their spouses and child/children;
D.
All partners or officers of such an entity, in the aggregate,
and their spouses and child/children;
E.
Any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquired the right to receive, from a person described in Subsection
A of this definition above, more than $100,000 in compensation or income of any kind (including, by way of illustration and not limitation, wages, salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stock, stock options or gifts, in any twelve-month period prior to the award of or during the term of a contract subject to this article; and
F.
All persons who are an "affiliate" of a business entity as defined in Subsections
A,
B and
E of this definition above, as such term is used in 11 U.S.C. § 101(2).
CAMPAIGN COMMITTEE
Every candidate for City of Bridgeton elective municipal
office; every candidate committee established by or for the benefit
of a candidate for City of Bridgeton elective municipal office; every
joint candidate committee established in whole or in part by or for
the benefit of a candidate of City of Bridgeton elective municipal
office; every political party committee of the City of Bridgeton;
every political party committee of the County of Cumberland; and every
political committee, continuing political committee, or other form
of association or organization that regularly engages in the support
of candidates for the City of Bridgeton municipal or Cumberland County
elective offices or City of Bridgeton municipal or Cumberland political
parties or political party committees. The terms in the foregoing
definition have the meaning prescribed in N.J.A.C. 19:25-1.7.
CONTRIBUTION
Has the meaning prescribed in N.J.A.C. 19:25-1.7. By way
of illustration, and not limitation, this definition includes pledges,
loans and in-kind contributions.
No contribution or solicitation of contributions made prior
to the effective date of this article shall be deemed to give rise
to a violation of this article.
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 this article
if it were an initial contract.
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of §
12-2 of this article, 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 receives reimbursement of the contribution from the recipient of such contribution.
The contribution limitations prior to entering into a contract in §
12-2A 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.
In addition to any rights that were heretofore available, or
which may hereafter be available, to citizens, taxpayers, or associations,
to challenge violations of this article, every person aggrieved by
a violation of the article, or any taxpayer or resident of the City
of Bridgeton has the right, consistent with the Rules of Court, to
file charges in a court of competent jurisdiction, and/or to pursue
a civil action for a violation of this article in a court of competent
jurisdiction, and to seek and obtain declaratory, injunctive, or other
legal or equitable relief, including but not limited to attorney fees
and costs, arising from or related to a violation of this article.