[HISTORY: Adopted by the Borough Council of the Borough of
Chesilhurst as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Code of Ethics — See Ch. 26.
[Adopted 12-29-2010 by Ord. No. 2010-12]
As used in this article, the following terms shall have the
meanings indicated:
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 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 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 i), ii)
and v) above, as such term is used in 11 U.S.C. § 101(2).
i) Every candidate for Borough of Chesilhurst elective office;
ii) every candidate committee established by or for the benefit of
a candidate for Borough of Chesilhurst elective office; iii) every
joint candidate committee established in whole or in part by or for
the benefit of a candidate for Borough of Chesilhurst elective office;
iv) every political party committee of the Borough of Chesilhurst;
v) every political party committee of the County of Camden; 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 Borough of Chesilhurst or Camden County
elective offices or Borough of Chesilhurst or Camden County political
parties or political party committees.
The terms in the foregoing paragraph have the meanings 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.
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.
To the extent that it is not inconsistent with state or federal law, the Borough of Chesilhurst 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 i) a candidate, candidate committee or joint candidates committee of any candidate for elective office in the Borough of Chesilhurst or a holder of public office having ultimate responsibility for the award of a contract; or ii) to any Borough of Chesilhurst or Camden County political committee or political party committee; or iii) to any continuing political committee or political action committee that regularly engages in the support of Borough of Chesilhurst or Camden County elections and/or Borough of Chesilhurst or Camden County candidates, candidate 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.
No business entity who submits a proposal for, enters into negotiations
for, or agrees to any contract or agreement with the Borough of Chesilhurst
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: i) a candidate, candidate
committee or joint candidates committee of any candidate for elective
office in the Borough of Chesilhurst, or a holder of public office
having ultimate responsibility for the award of a contract; or ii)
to any Borough of Chesilhurst or Camden County political committee
or political party committee; or iii) any PAC between the time of
first communication between that business entity and the Borough of
Chesilhurst 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.
The monetary thresholds of this article are: i) a 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 Borough of Chesilhurst; ii) $500 maximum per calendar year to a Camden County political committee or political party committee; and iii) $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 subparagraph (d) of "Definitions" above,[1] by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Borough of Chesilhurst candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of Chesilhurst or Camden County political committees and political party committees as described herein combined, without violating Subsection A of this section.
D.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be: i)
the Borough of Chesilhurst Mayor or governing body, if the contract
requires approval or appropriation from the Mayor or governing body;
or ii) the Mayor of the Borough of Chesilhurst, if the contract requires
approval of the Mayor, or if a public officer who is responsible for
the award of a contract is appointed by the Mayor.
E.
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 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.
Prior to awarding any contract or agreement to procure professional services or extraordinary unspecified services from any business entity, the Borough of Chesilhurst 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 § 12-2 of this article. The Borough of Chesilhurst, its purchasing agents and departments shall be responsible for informing the Mayor and Borough Council 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.
A business entity shall have a continuing duty to report to the Borough
of Chesilhurst any contributions that constitute a violation of this
article that are made during the negotiation, proposal process or
the duration of a contract. The Borough of Chesilhurst, 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 Borough Council meeting following
receipt of said report from the business entity, or whichever comes
first.
C.
The certification required under this section shall be made prior
to entry into the contract or agreement with the Borough of Chesilhurst,
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 cure a violation of § 12-2 of this article, if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the Borough of Chesilhurst 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 § 12-2A do not apply to contracts which: i) 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 ii) 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.
It shall be a material breach of the terms of a Borough of Chesilhurst
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)
Made or solicited a contribution in violation of this article;
(2)
Knowingly concealed or misrepresented a contribution given or received;
(3)
Made or solicited contributions through intermediaries for the purpose
of concealing or misrepresenting the source of the contribution;
(4)
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 office
in the Borough of Chesilhurst, or a holder of public office having
ultimate responsibility for the award of a contract, or any Borough
of Chesilhurst or Camden County political committee or political party
committee, or any PAC;
(5)
Engaged or employed 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 professional business entity itself,
would subject that entity to the restrictions of this article;
(6)
Funded contributions made by third parties, including consultants,
attorneys, family members, and employees;
(7)
Engaged in any exchange of contributions to circumvent the intent
of this article; or
(8)
Directly or indirectly, through or by any other person or means,
done any act which if done directly would subject that entity to the
restrictions of this article.
C.
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 Borough of Chesilhurst.
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 this article, or any taxpayer or resident of the Borough
of Chesilhurst 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.
