[HISTORY: Adopted by the Township Committee of the Township
of Washington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 3-18-2013 by Ord. No. 04-13]
As used in this article, the following terms shall have the
meanings indicated:
Any natural or legal person, business corporation, professional
services corporation, limited liability company, partnership, limited
partnership, business trust, association or any other legal commercial
entity organized under the laws of this state or of any other state
or foreign jurisdiction.
An individual seeking election to a public office of this state
or of a county, municipality or school or fire district at any election;
An individual who shall have been elected or failed of election
to an office, other than a party office, for which he or she sought
election and who receives contributions and makes expenditures for
any of the purposes authorized by N.J.S.A. 19:44A-11.2; and
This definition does not include an individual seeking federal
elective office, or state, county or municipal political party office.
A committee established by a candidate pursuant to N.J.S.A.
19:44A-9(a) for the purpose of receiving contributions and making
expenditures.
Includes every loan, gift, subscription, advance or transfer
of money or other thing of value, including any in-kind contribution,
made to or on behalf of any candidate committee, joint candidates
committee, political committee, continuing political committee, political
party committee or legislative leadership committee and any pledge
or other commitment or assumption of liability to make such transfer.
For purposes of this article, any such commitment or assumption shall
be deemed to have been a contribution upon the date when such commitment
is made or liability assumed. Funds or other benefits received solely
for the purpose of determining whether an individual should become
a candidate are contributions.
Any election in which a public question is to be voted upon
by the voters of the state or any political subdivision thereof; and
any election for any public office of the state or any political subdivision
thereof. It does not include federal elective office, or state, county
or municipal political party office.
At a minimum, that the contract shall be publicly advertised
in newspapers or on the Internet website maintained by the Township
in sufficient time to give notice in advance of the contract; awarded
under a process that provides for public solicitation of proposals
or qualifications and awarded and disclosed under criteria established
in writing by the Township prior to the solicitation of proposals
or qualifications; and publicly opened and announced when awarded.
The decision of the Township as to what constitutes a fair and open
process shall be final.
The ownership or control of more than 10% of the profits
or assets of a business entity or 10% of the stock in the case of
a business entity that is a corporation for profit, as appropriate.
A.
The
Township shall not enter into a contract having an anticipated value
in excess of $17,500, as determined in advance and certified in writing
by the Township, with a business entity, except a contract that is
awarded pursuant to a fair and open process, if, during the preceding
one-year period, that business entity has made a contribution that
is reportable by the recipient under N.J.S.A. 19:44A-1 et seq. to
any municipal committee of a political party in the Township if a
member of that political party is serving in an elective public office
of the Township when the contract is awarded or to any candidate committee
of any person serving in an elective public office of the Township
when the contract is awarded.
B.
A
business entity that has entered into a contract having an anticipated
value in excess of $17,500 with the Township, except a contract that
is awarded pursuant to a fair and open process, shall not make a contribution
reportable by the recipient under N.J.S.A. 19:44A-1 et seq., to any
municipal committee of a political party in the Township if a member
of that political party is serving in an elective public office of
the Township when the contract is awarded or to any candidate committee
of any person serving in an elective public office of the Township
when the contract is awarded, during the term of the contract.
No contribution made prior to the effective date of this article
shall be deemed to give rise to a violation of this article.
Prior to awarding any contract, except a contract that is awarded
pursuant to a fair and open process, the Township shall require the
business entity to which the contract is to be awarded to provide
a written certification that it has not made a contribution that would
bar the award of a contract pursuant to the New Jersey Campaign Contributions
and Expenditures Reporting Act, N.J.S.A. 19:44A-1 et seq.
A business entity that is a party to a contract with the Township may cure a violation of § 7-2 of this article, if, within 60 days after the date on which the applicable Election Law Enforcement Commission (ELEC) report is published, said business entity notifies the Township in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
Compliance with this article shall not relieve a business entity
of its obligations to comply with the provisions of the New Jersey
Campaign Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1
et seq. and any other related statutory or regulatory provisions.
