As used in this chapter, the following terms shall have the
meanings indicated:
BUSINESS ENTITY
For purposes of this chapter only, a "business entity" whose
contributions are regulated by this chapter 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 chapter; 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 U.S.C. 101(2).
CAMPAIGN COMMITTEE
A.
Shall mean:
(1)
Every candidate for the Borough of Glen Rock elective municipal
office;
(2)
Every candidate committee established by or for the benefit
of a candidate for Borough of Glen Rock elective municipal office;
(3)
Every joint candidate committee established in whole or in part
by or for the benefit of a candidate for Borough of Glen Rock elective
municipal office;
(4)
Every political party committee of the Borough of Glen Rock;
(5)
Every political party committee of Bergen County;
(6)
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 Glen Rock municipal or
Bergen County elective offices or Borough of Glen Rock municipal or
Bergen County political parties or political party committees.
B.
The terms in the foregoing paragraphs 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 of money or any other thing of value, including
in-kind contributions, made by a professional business entity to any
municipal candidate for Mayor or Council, or municipal or county party
committee or PAC referenced in this chapter shall be deemed a violation
of this section, nor shall an agreement for property, goods or services
of any kind whatsoever be disqualified thereby, if that contribution
was made by the professional business entity prior to the effective
date of this section.
No contract subject to this chapter may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this chapter
if it were an initial contract.
A business entity that is party to a contract for professional services or extraordinary unspecified services may cure a violation of §
7-2 of this chapter, if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the Borough Council in writing and seeks and receives a reimbursement of the contribution from the Borough Candidate, or municipal or county political party or PAC as referenced in this chapter. Reimbursement must be received within 60 days.
The contribution limitations prior to entering into a contract in §
7-2A do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefore 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.
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 chapter, every person aggrieved by
a violation of this chapter, or any taxpayer resident of the Borough
of Glen Rock 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 the violation of this chapter 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 chapter.
If any provision of this chapter, or the application of any
such provision to any person or circumstances, shall be held invalid,
the remainder of this chapter 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 provision of this chapter are severable.
All ordinances or parts of ordinances which are inconsistent
with any provisions of this chapter are hereby repealed as to the
extent of such inconsistencies.
This chapter shall become effective upon passage and publication
as required by law.