[Adopted 11-27-2012 by Ord. No. 12-15]
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:
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 article; and
F.
All persons who are an affiliate of a business entity as defined in Subsections
A,
B and
E above, as such term is used in 11 U.S.C. 101(2).
CAMPAIGN COMMITTEE
A.
Every candidate for Borough of Garwood elective municipal office;
B.
Every candidate committee established by or for the benefit
of a candidate for Borough of Garwood elective municipal office;
C.
Every joint candidates committee established in whole or in
part by or for the benefit of a candidate for Borough of Garwood elective
municipal office;
D.
Every political party committee of the Borough of Garwood;
E.
Every political party committee of the County of Union; and
F.
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 Garwood municipal or
County of Union elective offices or Borough of Garwood municipal or
County of Union political parties or political party committees.
G.
The terms in the foregoing paragraph 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 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 unspecified services may cure a violation of §
74-2 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.
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 ordinance, or any taxpayer or resident of the Borough
of Garwood 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.