[Adopted 8-22-2011 by Ord. No. 2011-16]
As used in this article:
BUSINESS ENTITY
A business entity whose contributions are regulated by this
article means:
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 interests in a person or entity as defined in Subsections
A and
B 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 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 above, as such term is used in 11 U.S.C. § 101(2).
CAMPAIGN COMMITTEE
A.
Every candidate for the Town of Newton elective municipal office;
every candidate committee established by or for the benefit of a candidate
for the Town of Newton elective municipal office; every joint candidate
committee established in whole or in part by or for the benefit of
a candidate for the Town of Newton elective municipal office; every
political party committee of the Town of Newton; and every political
committee, continuing political committee, or other form of association
or organization that regularly engages in the support of candidates
for the Town of Newton municipal or Sussex County elective offices
or Town of Newton municipal or Sussex County political parties or
political party committees.
B.
The terms in the foregoing paragraph have the meanings 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 §
10-2 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 §
10-2A 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 this article or any taxpayer or resident of the Town
of Newton 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 attorneys' fees and
costs, arising from or related to a violation of this article.
The monetary thresholds in the definition of "business entity" in §
10-1 and in §
10-2C of this article 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 the New York/Northern New Jersey/Long Island region, rounded to the nearest $10. The Clerk of the Town of Newton 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.