As used in this chapter, the following terms shall have the
meanings indicated:
BUSINESS ENTITY
For purposes of this chapter, a business entity whose contributions
are regulated by this chapter 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 chapter; 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
i) Every candidate for Borough of Haledon elective municipal
office; ii) every candidate committee established by or for the benefit
of a candidate for Borough of Haledon elective municipal office; iii)
every joint candidates committee established in whole or in part by
or for the benefit of a candidate for Borough of Haledon elective
municipal office; iv) every political party committee of the Borough
of Haledon; v) every political party committee of the County of Passaic;
and vi) 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 Haledon municipal
or Passaic County elective offices or Borough of Haledon municipal
or Passaic County political parties or political party committees.
The terms in the foregoing paragraph 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 chapter shall be deemed to give rise
to a violation of this chapter.
No contract subject to this chapter may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this chapter
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 §
44-2 of this section 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 §
44-2A do not apply to contracts which i) 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 ii) 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 chapter, every person aggrieved by
a violation of the ordinance, or any taxpayer or resident of the Borough
of Haledon 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 chapter 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 chapter.
The monetary thresholds of the definition of "business entity" in §
44-1 and §
44-2C of this chapter 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 Borough of Haledon 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.