[HISTORY: Adopted by the Township Committee of the Township of Hanover as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-8-2011 by Ord. No. 23-11]
As used in this article, the following terms shall have the meanings indicated:
- CANDIDATE COMMITTEE
- Any candidate committee or joint candidate committee established for the candidacy to any elected office in the Township of Hanover pursuant to N.J.S.A. 19:44A-1 et seq. and any New Jersey Election Law Enforcement Commission regulations promulgated thereto, N.J.A.C. 19:25-1.1 et seq.
- CONTINUING POLITICAL COMMITTEE
- Defined as per the New Jersey Election Law Enforcement Commission regulations set forth at N.J.A.C. 19:25-1.1 et seq.
- POLITICAL PARTY COMMITTEE
- Any political party committee established pursuant to N.J.S.A. 19:5-2 in the Township of Hanover and any New Jersey Election Law Enforcement Commission regulations promulgated thereto, N.J.A.C. 19:25-1.1 et seq.
- PROFESSIONAL BUSINESS ENTITY
- An individual, firm, corporation, partnership, limited-liability partnership, limited-liability company, any and all labor unions (which shall include labor unions affiliated with the Township of Hanover and labor unions not affiliated with the Township of Hanover) or other entity contracting with the Township of Hanover. "Professional business entity" shall also mean, refer to and include all individuals who own 10% or more of the equity in the entities described in the preceding sentence, including their spouses and children living in the same residence. Thus, individuals with 10% or more ownership of or equity in a business entity may not avoid the contributions limitations by contracting with the Township of Hanover in his or her individual name.
- TOWNSHIP OF HANOVER
- The municipality of Hanover, and all agencies, boards, utilities, authorities, departments and instrumentalities thereof.
To the extent that it is not inconsistent with state or federal law, the Township of Hanover shall not enter into any agreement or otherwise enter into a contract for professional services or extraordinary unspecifiable services with any professional business entity and/or contracts with labor unions if such professional business entity has made any contribution of money, or pledge of a contribution, including reportable in-kind contributions, in excess of the thresholds specified in Subsection B within one calendar year immediately preceding the date of such contract or agreement to:
A campaign committee of any municipal candidate or holder of public office in the Township of Hanover having ultimate responsibility for the award of a contract; or
To any municipal political party committee organized in the Township of Hanover; or
To any continuing political committee that regularly engages in the support of municipal elections in the Township of Hanover and/or municipal political party committees organized in the Township of Hanover.
Any professional business entity under this section shall be permitted, without violating Subsection A, to:
Annually contribute a maximum of $300 to the candidate committee of any municipal candidate or holder of public office in the Township of Hanover; and/or
Annually contribute a maximum of $300 to a political party committee organized in the Township of Hanover; and/or
Annually contribute $500 to a continuing political committee subject to this article.
Notwithstanding the limitations set forth above, any professional business entity under this section may not annually contribute in the aggregate in excess of $2,500 to all candidate committees, political party committees and continuing political committees referenced in this article combined without violating this article.
For purposes of this section, the officials considered to have ultimate responsibility for the award of the contract shall be the Township's Business Administrator/Township Clerk acting in his or her capacity as the qualified purchasing agent or the Township Committee, if the contract requires approval or appropriation from the governing body.
No contribution of money or any other thing of value, including reportable in-kind contributions, made by a professional business entity subject to this article to any candidate committees, political party committees, and continuing political committees referenced in this article shall be deemed a violation of this article if that contribution was made by the professional business entity prior to the effective date of this article.
Prior to awarding any contract or agreement to procure professional services or extraordinary unspecifiable services having an anticipated value in excess of $17,500, as determined in advance and certified in writing by the Township's qualified purchasing agent, except a contract that is awarded pursuant to a fair and open process, the business entity which is the intended recipient of said contract shall file the following sworn certifications with the Township that said entity has not made a contribution in violation of § 14-2 of this article:
The professional business entity shall have a continuing duty to report to the Township of Hanover any contributions that constitute a violation of this article that are made during the duration of the contract. The certification required under this subsection shall be made prior to entry into the contract with the Township of Hanover, 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 unspecifiable services may cure a violation of this article, if, within 30 days after the date on which the applicable Election Law Enforcement Commission report is published, including the filing of the relevant contribution, the professional business entity notifies the Township in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
This article shall only apply to professional services and extraordinary unspecifiable services contracts.
The contribution limitations set forth in § 14-2 shall not apply to contracts which are awarded to the lowest responsive and 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, however, for contracts awarded pursuant to a "fair and open process" under N.J.S.A. 19:44A-20 et seq.
It shall be a breach of the terms of the Township of Hanover professional services or extraordinary unspecifiable services agreement to knowingly and intentionally:
Make or solicit a contribution in violation of this article;
Conceal or misrepresent a contribution given or received;
Make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;
Make or solicit any contribution on the condition or with the agreement that it will be contributed to a candidate committee of any candidate or holder of the public office of Township of Hanover;
Engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the business entity itself, would subject that entity to the restrictions of this article;
Fund contributions made by third parties, including consultants, attorneys, family members, and employees;
Engage in any exchange of contributions to circumvent the intent of this article; or
Directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this article.
Any person who knowingly, purposely, or recklessly violates any provisions 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 Hanover.