As used in this article, the following terms shall have the
meanings indicated:
BUSINESS ENTITY
Whose contributions are regulated by this article:
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 Palmyra elective municipal office;
B.
Every candidate committee established by or for the benefit
of a candidate for Borough of Palmyra elective municipal office;
C.
Every joint candidate committee established in whole or in part
by or for the benefit of a candidate for Borough of Palmyra elective
municipal office;
D.
Every political party committee of the Borough of Palmyra;
E.
Every political party committee of the Burlington County; 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 Palmyra municipal or
Burlington County elective offices or Borough of Palmyra municipal
or Burlington County political parties or political party committees.
The terms in the foregoing definition have the meaning prescribed
in N.J.A.C. 19:25-1.7.
CONTRIBUTION
Has 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 §
47-10 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.
The contribution limitations prior to entering into a contract in §
47-10A do not apply to contracts which 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 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.
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 article, or any taxpayer or resident of the Borough
of Palmyra 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.
If any provision of this article, or the application of any
such provision to any person or circumstances, shall be held invalid,
the remainder of this article to the extent it can be given effect,
or the application of such provision to persons or circumstances other
than those to which it is held invalid, shall not be affected thereby,
and to this extent the provisions of this article are severable.
The monetary thresholds of §
47-9, Definitions, definition of "business entity," and §
47-10C of this article shall be increased effective March 1 of each calendar year by the percentage increase, in the prior calendar year, of the consumer price index for all urban consumers (CPI-U) for the Philadelphia region, rounded to the nearest $10. The Clerk of the Borough of Palmyra shall, by no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper.
This article shall become effective 20 days following the final
adoption thereof by the governing body of the Borough of Palmyra and
shall be published as required by law.