[Ord. #2007-21, 8-3-07]
Whereas, professional business entities are exempt from public
bidding requirements, and
Whereas, it has become common for professional business entities
to make substantial political contributions to the election campaigns
of the local government elected officers who are ultimately responsible
for awarding professional service contracts or other contracts or
agreements which are not subject to public bidding; and
Whereas, substantial local political contributions from professionals
receiving discretionary contracts from the elected officials who receive
such contributions raise reasonable concerns of the part of taxpayers
as to their trust in the process of local government, if not the quality
or cost of services received, and
Whereas, pursuant to N.J.S.A. 40A: 11-5 and N.J.S.A. 40:48-2,
municipalities have the right to establish rules and procedures for
contracting with professional business entities,
Now therefore, be it resolved, that the policy of the Township
of Cherry Hill will be to set maximum amounts professional business
entities may contribute politically beyond which they become ineligible
to receive a public professional service contract from the Township
of Cherry Hill.
[Ord. #2007-21, 8-3-07]
a.
Any other provision of law to the contrary notwithstanding, the municipality
or any of its purchasing agents or agencies or those of its independent
authorities, 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 Cherry Hill 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 Cherry Hill Township or Camden County party committee, or to
any political action committee (PAC) or candidate committee 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
paragraph c within one (1) calendar year immediately preceding the
date of the contract or agreement.
b.
No professional business entity 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 rendition 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 a contribution, including in-kind contributions,
to any Cherry Hill Township municipal candidate or holder of the public
office having ultimate responsibility for the award of the contract,
or campaign committee supporting such candidate of officeholder, or
to any Cherry Hill Township or Camden County party committee, or to
any political action committee (PAC) or candidate committee 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 the Township regarding a specific
professional services agreement and the later of the termination of
negotiations or the completion of the contract or agreement.
c.
(i) Subject to the limitations in any entity meeting the definition
of "professional business entity" under this section may annually
contribute a maximum of three hundred ($300.00) dollars for any purpose
to each candidate, for mayor or council, or three hundred ($300.00)
dollars to any Cherry Hill Township party committee, or five hundred
($500.00) dollars to any Camden County party committee, or to a PAC
or candidate committee referenced in this section, without violating
paragraph a of this subsection. However, (ii) any entity meeting the
definition of "professional business entity" under this section, including
such principals, partners, and officers of the entity in the aggregate,
may not annually contribute for any purpose in excess of a total of
two thousand five hundred ($2,500.00) dollars to: all Cherry Hill
Township candidates and officeholders with ultimate responsibility
for the award of the contract and all Cherry Hill Township or Camden
County political parties and PACs referenced in this ordinance combined,
without violating paragraph a of this subsection.
d.
For purposes of this section, a "professional business entity" is
any entity seeking or performing a public contract for professional,
banking or insurance coverage services or any other consulting services
and which may be an individual including the individual's spouse,
if any, and any child living at home; a person; firm; corporation;
professional corporation; partnership; organization; or association.
The definition of a business entity includes all principals who own
ten (10%) percent 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.
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 Township of Cherry Hill Council and the Mayor of the Township
of Cherry Hill, if the contract requires approval or appropriation
from the Council.
2.
The Mayor of Township of Cherry Hill, if the contract requires approval
of the Mayor, or if a public officer who is responsible for the award
of the contract is appointed by the Mayor.
[Ord. #2007-21, 8-3-07]
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 section 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.
[Ord. #2007-21, 8-3-07]
a.
Prior to awarding any contract or agreement to procure professional services, or banking or insurance coverage services or any other consulting services, with any professional business entity, the Township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offer or has not made a contribution in violation of subsection 2-52.1 of this section;
b.
The professional business entity shall have a continuing duty to
report any violations of this section 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.
[Ord. #2007-21, 8-3-07]
A professional business entity or Cherry Hill Township candidate or officeholder or municipal or County party committee or PAC referenced in this section may cure a violation of subsection 2-52.1 of this section, if, within thirty (30) days after the date on which the applicable ELEC Report is published, the professional business entity notifies the Township Council in writing and seeks and receives reimbursement of a contribution from the Township candidate or municipal or County political party or PAC referenced in this section.
[Ord. #2007-21, 8-3-07]
a.
It shall be a breach of the terms of the Cherry Hill Township professional
service agreement for a business entity to: (i) make or solicit a
contribution in violation of this section; (ii) knowingly conceal
or misrepresent a contribution given or received; (iii) make or solicit
contributions 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 Cherry Hill 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
if made or solicited by the business entity itself, would subject
that entity to the restrictions of this section; (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 section; 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 section.
b.
Furthermore, any professional business entity who violates paragraph
a (ii—viii) shall be disqualified from eligibility for future
Cherry Hill Township contracts for a period of four (4) calendar years
from the date of the violation.
