[Adopted 3-1-2011 by Ord.
No. 2011-1 (Ch. 48 of the 1986 Code)]
As used in this article, the following terms shall have the
meanings indicated:
BUSINESS ENTITY
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 his or her spouse 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 which 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 Penns Grove elective municipal
office;
B.
Every candidate committee established by or for the benefit
of a candidate for the Borough of Penns Grove elective municipal office;
C.
Every joint candidate committee established in whole or in part
by or for the benefit of a candidate for the Borough of Penns Grove
elective municipal office;
D.
Every political party committee of the Borough of Penns Grove;
and
E.
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 Penns Grove municipal
elective offices or Borough of Penns Grove municipal political parties
or political party committees. The terms in the foregoing subsection
have the meaning prescribed in N.J.A.C. 19:25-1.7.
[Amended 7-5-2017 by Ord.
No. 2017-5]
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 §
21-2 of this article if, within 30 days after the date on which the applicable New Jersey Election Law Enforcement Commission (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 §
21-2A 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 an 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 this article or any taxpayer or resident of the Borough
of Penns Grove 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 attorney 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
drafters of this article, the persons signing the petition in support
of this article, and the persons who cast votes in favor of this article
declare that they would have supported this article and each section,
subsection, sentence, clause, phrase, or provision or application
thereof, irrespective of the fact that any one or more other sections,
subsections, sentences, clauses, phrases, or provisions or applications
thereof may be held invalid.