As used in this chapter, the following terms shall have the
meanings indicated:
BUSINESS ENTITY WHOSE CONTRIBUTIONS ARE REGULATED BY THIS CHAPTER
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
C above, as such term is used in 11 U.S.C. § 101(2).
CAMPAIGN COMMITTEE
Every candidate for the City of Union City elective municipal
office; every candidate committee established by or for the benefit
of a candidate for the City of Union City elective municipal office;
every joint candidate committee established in whole or in part by
or for the benefit of a candidate for the City of Union City elective
municipal office; every political party committee of the City of Union
City; every political party committee of the County of Hudson; 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 Union City or County of Hudson
elective offices or the City of Union City municipal or County of
Hudson political parties or political party committees. The terms
in the foregoing subsection have the meaning prescribed in N.J.A.C.
19:25-1.7.
CONTRIBUTION
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 §
22-2 of this chapter 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 §
22-2A 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 chapter, every person aggrieved by
a violation of the chapter, or any taxpayer or resident of the City
of Union City 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 in §
22-1 of "business entity whose contributions are regulated by this chapter" and §
22-2C 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 City of Union City 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.
All ordinances or parts of ordinances which are inconsistent
with any provisions of this chapter are hereby repealed as to the
extent of such inconsistencies. This repealer also expressly includes
the repeal of an ordinance captioned "An Ordinance Establishing That
a Business Entity Which Makes Political Contributions to Municipal
Candidates and Municipal Political Parties in Excess of Certain Thresholds
Shall be Limited in its Ability to Receive Public Contracts From the
City of Union City," which was adopted on March 6, 2012, and becomes
effective as of April 1, 2012, shall be deemed repealed as of the
effective date that this chapter becomes law.