[Adopted 3-25-08 by Ord.
No. O-09-08; amended in its entirety 4-23-13 by Ord. No. O-2013-008]
The Township of Winslow reaffirms
the policy of the township to set maximum dollar amounts that professional
business entities may contribute politically, beyond which they become
ineligible to receive a public professional service contract from
the Township of Winslow, as well as the township's policy to prohibit
professional business entities which are performing or being paid
under existing contracts with the township from making political contributions
in amounts that exceed the township's limits on political contributions
by professionals. The township also hereby establishes a policy prohibiting
the transfer or "wheeling" of political contributions by professionals
to candidates of municipal political committees who are not affiliated
with the Township of Winslow.
For purposes of this Article, the
terms used herein shall be given the broadest possible meaning in
order to effectuate the policy objectives stated and adopted. Certain
specific terms used shall have the following meanings:
The act of giving money or providing in-kind contributions
to aid a municipal political candidate or any of the political party
committees or PACs otherwise referenced in this Article.
Shall have the same meaning as "Contributing."
Shall be given the same meaning and use generally utilized
by the Election Law Enforcement Commission of the State of New Jersey
under the statutes and regulations governing that agency. The term
shall include but not be limited to payments or donations of money
and in-kind contributions.
The term "PAC" or "PACS" are abbreviations for "political
action committee" or "political action committees," respectively.
The terms refer to organizations that regularly engage in, or whose
primary purpose is, the support of municipal elections and/or municipal
parties in excess of the thresholds specified in this Article. The
foregoing shall be limited to organizations and entities which support
or oppose Winslow Township candidates for Mayor or Township Committee,
or which engage in political activities in support or opposition to
candidates for Winslow Township Mayor or Winslow Township Committee.
Has the same definition as "contributions," hereinabove,
A "professional business entity" seeking a public contract
means, individuals and firms engaged in the rendering of legal services,
engineering services, survey work, architectural services, planning
services, design services, financial consulting and other consulting
work, auditing, accounting, appraisal services, insurance services
and banking. If a professional business entity is an individual, the
definition includes the individual and individual's spouse, if any,
and any child living at home. "Professional business entities" also
include firms, corporations, professional corporations, partnerships,
business organizations, and/or business associations who provide professional
services, where those professional services are exempt from public
bidding for public contracts pursuant to the Local Public Contracts
Law.
A.
Any other provision of law to the contrary notwithstanding, Winslow Township or any of its purchasing agents or agencies or those of its independent authorities, the Planning Board and Zoning Board, as the case may be, shall not enter into an agreement or otherwise contract to procure professional, banking, insurance coverage services or any other consulting services, including those awarded pursuant to a "fair and open" process, from any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, to any Winslow Township municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting each candidate or officeholder, or to any Winslow Township political party committee or PAC that regularly engages in, or whose primary purpose is the support of municipal elections and/or municipal parties in excess of the thresholds specified in Subsection D. within one (1) calendar year immediately preceding the date of the contract or agreement.
B.
No professional business which enters into
negotiations for, or agrees to, any contract or agreement with the
municipality or any department or agency thereof or of its independent
authorities for the rendering of professional, banking or insurance
coverage services or any other consulting services, including those
awarded pursuant to a "fair and open" process, shall solicit or make
any contribution of money, or pledge of contribution, including in-kind
contributions, to any Winslow Township municipal candidate or holder
of the public office having ultimate responsibility for the award
of the contract, or campaign committee supporting such candidate or
officeholder, or to any Winslow Township political party committee
or PAC that regularly engages in, or whose primary purpose is the
support of municipal elections and/or municipal parties between the
time of first communications between that business entity and Winslow
Township regarding a specific professional services agreement and
the termination of negotiations or the completion of the contract
or agreement, whichever is later.
C.
For purposes of this Article, a "professional
business entity" seeking a public contract means an individual, including
the individual's spouse, if any, and any child living at home; person;
firm; corporation; professional corporation; partnership; organization;
or association. The definition of a business entity includes all principals
who own ten percent (10%) or more of the equity in the corporation
or business trust, partners, and officers in the aggregate employed
by the entity as well as any subsidiaries directly controlled by the
business entity.
D.
Any "professional business entity" under this section shall not contribute more than what is permitted under the New Jersey Campaign Contributions and Expenditures Reporting Act (N.J.S.A. 19:44A-1 et seq.) for any purposes to any candidate for Mayor or Township Committee, or to a Winslow Township political party committee or PAC without violating Subsection A of this section.
[Amended 2-25-2020 by Ord. No. O-2020-004]
E.
For purposes of this section, the office
that is considered to have ultimate responsibility for the award of
the contract shall be:
(1)
The Winslow Township Committee and the
Mayor of Winslow Township, if the contract requires approval or appropriation
from the Committee,
(2)
The Mayor of Winslow Township, if the contract
requires approval of the Mayor, or if a public officer who is responsible
for the award of a contract is appointed by the Mayor.
(3)
The Winslow Township Planning Board.
(4)
The Winslow Township Zoning Board.
F.
Contributions given to members of, or candidates
for, another municipal governing body that is engaged in a shared
services or joint purchasing agreement with Winslow Township shall
not be deemed in violation of this Article nor does the Article preclude
the participation of a shared services or joint purchasing agreement
on account of such contributions.
No contributions 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 Township Committee,
or Winslow Township political party committee or PAC referenced in
this Article shall be deemed a violation of this Article, 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 Article. (Adopted
April 23, 2013)
A.
Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional business entity, the Township or any of its purchasing agents or agencies, the Planning Board and Zoning Board as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offeror has not made a contribution in violation of Section 52-41 of this Article.
B.
The professional business entity shall
have a continuing duty to report any violations of this Article that
may occur during the negotiation or duration of a contract. The certification
required under this subsection shall be made prior to entry into the
contract or agreement with the township and shall be in addition to
any other certifications that may be required by any other provision
of law.
A professional business entity or township candidate or officeholder or Winslow Township political party committee or PAC referenced in this Article may cure a violation of Section 52-41 of this Article, if, within sixty (60) days after the date on which the applicable ELEC Report is published, the professional business entity notifies the Township Committee in writing and seeks and receives reimbursement of a contribution from the Winslow Township candidate or political party committee or PAC referenced in this Article.
A candidate for Mayor or Township
Committee shall not make a contribution to any other candidate committee
or municipal party committee not affiliated with the Township of Winslow;
nor shall any such candidate accept a contribution from any other
candidate committee or municipal party committee not affiliated with
the Township of Winslow.
A.
It shall be a breach of the terms of the Winslow Township professional services agreement for a business entity to: (i) make or solicit a contribution in violation of this Article; (ii) knowingly conceal or misrepresent a contribution given or received; (iii) make or solicit a contribution through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iv) make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee of any candidate or holder of the public office of Winslow Township; (v) engage or employ a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which is made or solicited by the business entity itself, would subject that entity to the restrictions of this Article; (vi) fund contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engage in any exchange of contributions to circumvent the intent of this Article; or (viii) directly or indirectly, through or by any other person or means, do any act which would subject that entity to the restrictions of this Article. (ix) Any professional business entity who violates Subsection A. above shall be disqualified from eligibility for future Winslow Township contracts for a period of four (4) calendar years from the date of the violation.
