[HISTORY: Adopted by the Township Committee of the Township
of Readington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-3-2011 by Ord. No. 18-2011]
For the purposes of this article, the following definitions
shall apply:
An individual, including the individual's spouse and any
child/children;
A firm; a corporation; professional corporation; partnership;
limited liability company; organization; association; and any other
manner and kind of business entity;
All partners or officers of such an entity, in the aggregate,
and their spouses and child/children;
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 or 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
Every candidate for Readington Township elective municipal
office; every candidate committee established by or for the benefit
of a candidate for the Township of Readington elective municipal office;
every joint candidate committee established in whole or in part by
or for the benefit of a candidate for Readington Township elective
municipal office; every political party committee of the Township
of Readington; every political party committee of the County of Hunterdon;
and every political committee, continuing political committee, or
other form of association or organization that regularly engages in
the support of candidates for the Township of Readington municipal
or County of Hunterdon elective offices or Readington Township municipal
or Hunterdon 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.
All contracts for professional services and extraordinary
unspecifiable services as such terms are used in N.J.S.A. 40A:11-5.
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.
A.Â
To the extent that it is not inconsistent with state or federal law, the Township of Readington and any of its departments, instrumentalities or purchasing agents shall not enter into any agreement or otherwise contract to procure professional services, as such term is defined at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i), and/or banking, insurance or other consulting service (hereinafter "professional services") nor extraordinary unspecified services, as such term is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5(1)(a)(ii), and/or media, public relations, lobbying, parking garage management or other consulting and/ or management service (hereinafter "extraordinary unspecified services") from any business entity if such business entity has solicited or made any contribution to a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Readington Township or a holder of a public office having ultimate responsibility for the award of a contract, or to any Readington Township or Hunterdon County political committee or political party committee, or to any continuing political committee or political action committee that regularly engages in the support of Readington Township municipal or Hunterdon County elections and/or Readington Township municipal or candidates, candidates committees, joint candidate committees, political committees, political parties, political party committees, (hereinafter "PAC"), in excess of the thresholds specified in Subsection C within one calendar year immediately preceding the date of the contract or agreement.
B.Â
No business entity who submits a proposal for, enters into negotiations
for, or agrees to any contract or agreement with the Township of Readington
or any of its departments or instrumentalities, for the rendition
of professional services or extraordinary unspecified services shall
knowingly solicit or make any contribution to a candidate, candidate
committee or joint candidate committee of any candidate for elective
municipal office in the Township of Readington, or a holder of any
public office having ultimate responsibility for the award of a contract,
or to any Readington Township or Hunterdon County political committee
or political party committee, or any PAC between the time of first
communication between that business entity and the municipality regarding
a specific agreement for professional services or extraordinary unspecified
services, and the later of the termination of negotiations or rejection
of any proposal, or the completion of the performance or specified
time period of that contract or agreement.
C.Â
The monetary thresholds of this article are maximum of $300 per calendar year each for any purpose to any candidate or candidate committee for mayor or governing body, or $500 per calendar year to any joint candidates committee for mayor or governing body, or $300 per calendar year to a political committee or political party committee of the Township of Readington; $500 maximum per calendar year to a Hunterdon County political committee or political party committee; and $500 maximum per calendar year to any PAC. However, for each business entity party to a contract for professional or extraordinary unspecified services as defined in Subsection A, or engaged in negotiations for a contract defined in Subsection A, when such business entity's contribution is aggregated with all persons defined in § 11-1, Definitions, above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Readington Township candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Readington Township political committees and political party committees as described herein combined, without violating Subsection A of this section.
D.Â
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be the
Readington Township Committee, if the contract requires approval or
appropriation from the governing body.
E.Â
Rules regarding subcontractors. No person may be awarded a subcontract to perform under a contract subject to this article, if the subcontractor would be disqualified by Subsection A from receiving the contract at the time that the subcontract is awarded; nor may any person who would be disqualified by Subsection A from receiving the contract perform substantially all of the obligations described in a contract for professional or extraordinary services that is subject to 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.Â
Prior to awarding any contract or agreement to procure professional services or extraordinary unspecified services from any business entity, the Township of Readington or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said business entity which is the intended recipient of said contract that he/she/it has not made a contribution in violation of § 11-1 of this article. The Township of Readington, its purchasing agents and departments shall be responsible for informing the Readington Township Committee that the aforementioned sworn statement has been received and that the business entity is not in violation of this article, prior to awarding the contract or agreement.
B.Â
The business entity shall have a continuing duty to report to the
Township of Readington any contributions that constitute a violation
of this act that are made during the negotiation, proposal process
or duration of a contract. The Township of Readington, its purchasing
agents and departments shall be responsible for informing the governing
body within 10 business days after receipt of said report from the
business entity, or at the next Readington Township meeting following
receipt of said report from the business entity, whichever comes first.
C.Â
The certification required under this subsection shall be made prior
to entry into the contract or agreement with the Township of Readington,
or prior to the provision of services or goods, as the case may be,
and shall be in addition to any other certifications that may be required
by any other provision of law.
A business entity that is a party to a contract for professional services or extraordinary unspecified services may a cure violation of § 11-2 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 received reimbursement of the contribution from the recipient of such contribution.
The contribution limitations prior to entering into a contract in § 11-2(a) 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.
A.Â
It shall be a material breach of the terms of the Readington Township
agreement or contract for professional services or extraordinary unspecified
services when a business entity that is a party to such agreement
or contract has:
(1)Â
Made or solicited a contribution in violation of this article;
(2)Â
Knowingly concealed or misrepresented a contribution given or received;
(3)Â
Made or solicited contributions through intermediaries for the purpose
of concealing or misrepresenting the source of the contribution;
(4)Â
Made or solicited any contribution on the condition or with the agreement
that it will be recontributed to a candidate, candidate committee
or joint candidates committee of any candidate for elective municipal
office in the Township of Readington, or a holder of public office
having ultimate responsibility for the award of a contract, or any
Readington Township or Hunterdon County political committee or political
party committee, or any PAC;
(5)Â
Engaged or employed as a lobbyist or consultant with the intent or
understanding that such lobbyist as consultant would make or solicit
any contribution which, if made or solicited by the professional business
entity itself, would subject that entity to the restrictions of this
article;
(6)Â
Funded contributions made by third parties, including consultants,
attorneys, family members, and employees;
(7)Â
Engaged in any exchange of contributions to circumvent the intent
of this article; or
(8)Â
Directly or indirectly, through or by any persons or means, done
any act which if done directly would subject that entity to the restrictions
of this article.
C.Â
Any person who knowingly, purposely, or recklessly violates any provision
of this article or who conspires with another person to violate any
provision of this article, or who, with the purpose of promoting or
facilitating a violation of this article, solicits another person
to commit it, or aids or agrees, or attempts to aid another person
in planning or committing it, shall be subject to punishment including
fines and/or imprisonment as fixed by law for violations of the ordinances
of the Township of Readington.