[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:
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.
Defined as per the New Jersey Election Law Enforcement Commission
regulations set forth at N.J.A.C. 19:25-1.1 et seq.
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.
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.
The municipality of Hanover, and all agencies, boards, utilities,
authorities, departments and instrumentalities thereof.
A.Â
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:
(1)Â
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
(2)Â
To any municipal political party committee organized in the Township
of Hanover; or
(3)Â
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.
B.Â
Any professional business entity under this section shall be permitted, without violating Subsection A, to:
(1)Â
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
(2)Â
Annually contribute a maximum of $300 to a political party committee
organized in the Township of Hanover; and/or
(3)Â
Annually contribute $500 to a continuing political committee subject
to this article.
(4)Â
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.
C.Â
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.
A.Â
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:
B.Â
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.
A.Â
This article shall only apply to professional services and extraordinary
unspecifiable services contracts.
B.Â
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.
A.Â
It shall be a breach of the terms of the Township of Hanover professional
services or extraordinary unspecifiable services agreement to knowingly
and intentionally:
(1)Â
Make or solicit a contribution in violation of this article;
(2)Â
Conceal or misrepresent a contribution given or received;
(3)Â
Make or solicit contributions through intermediaries for the purpose
of concealing or misrepresenting the source of the contribution;
(4)Â
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;
(5)Â
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;
(6)Â
Fund contributions made by third parties, including consultants,
attorneys, family members, and employees;
(7)Â
Engage in any exchange of contributions to circumvent the intent
of this article; or
(8)Â
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.
C.Â
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.
