[Adopted 10-4-2011 by Ord. No. 13-2011]
As used in this article, the following terms shall have the
meanings indicated:
BUSINESS ENTITY
For purposes of this article, a business entity whose contributions
are regulated by this article means i) an individual, including the
individual's spouse and any child/children; ii) a firm; corporation;
professional corporation; partnership; limited liability company;
organization; association; and any other manner and kind of business
entity; iii) any person who owns 10% or more of the equity or ownership
or income interests in a person or entity as defined in items i) and
ii) above and their spouses and child/children; iv) all partners or
officers of such an entity, in the aggregate, and their spouses and
child/children; v) 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 item i) 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 vi) all persons who are an "affiliate" of a business
entity as defined in items i), ii) and v) above, as such term is used
in 11 U.S.C. § 101(2).
CAMPAIGN COMMITTEE
i) Every candidate for the Township of Byram elective municipal
office; ii) every candidate committee established by or for the benefit
of a candidate for the Township of Byram elective municipal office;
iii) every joint candidate committee established in whole or in part
by or for the benefit of a candidate for the Township of Byram elective
municipal office; iv) every political party committee of the Township
of Byram; v) every political party committee of the County of Sussex;
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 Township of Byram municipal or
County of Sussex elective offices or the Township of Byram municipal
or County of Sussex 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 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 unspecifiable 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 the article or any taxpayer or resident of the Township
of Byram 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 of the definition of "business entity" in §
10-1 and §
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 Township of Byram 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.