As used in this ordinance, the following terms shall have the
meanings indicated:
CONFIDENTIAL INFORMATION
A.
Defined in accordance with the exceptions contained in P.L.
1975, c. 231, commonly referred to as the Sunshine Law, and means
as follows:
(1)
Matters rendered confidential by federal law or that, if publicly
disclosed, would impair the receipt of federal funds.
(2)
Matters rendered confidential by state statute or court rule.
(3)
Material that would constitute an unwarranted invasion of individual
privacy if disclosed.
(4)
The terms and conditions of an existing or proposed collective
bargaining agreement, including negotiation positions.
(5)
Matters related to the purchase, lease or acquisition of real
property with public funds.
(6)
Matters related to the setting of banking rates or the investing
of public funds, provided that public disclosure could adversely affect
the public interest.
(7)
Tactics and techniques utilized in protecting the safety and
property of the public, provided that public disclosure could impair
such protection.
(8)
Investigations of violations or possible violations to the law.
(9)
Pending or anticipated litigation or contract negotiations in
which the township or any board, commission, agency or other body
of the township may become a party.
(10)
Matters falling within the attorney-client privilege, to the
extent that confidentiality is required in order for the attorney
to exercise his ethical duties as a lawyer.
(11)
Personnel matters concerning the employment of a current or
prospective township official or employee.
(12)
Quasi-judicial deliberations occurring after a public hearing
that may result in the imposition of a civil penalty or the suspension
or loss of a license or permit.
B.
In the event the Sunshine Law is hereafter amended with respect
to the definitions of "confidential information," said amendments
shall be incorporated by reference as though fully set forth herein.
INTEREST
A pecuniary or material benefit accruing to a township official
or employee, unless the context otherwise requires.
TOWNSHIP OFFICIAL OR EMPLOYEE
Any elected official, appointee or employee, whether paid
or unpaid, including members of any board, commission, agency or other
body of the Township of Barnegat.
[Added 2-22-05 by Ord. No. 2005-02]
A. Definitions.
CANDIDATE
(1) any individual seeking election to a public office of
the federal, state, county, or municipal government, or school district
or political party, and (2) any individual who shall have been elected
or failed of election to any such office.
MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE
Any person holding elective municipal office or holding an
appointed position in the municipal government, or in any agency,
commission, board, or officer thereof, whether the position is full
time or part time, compensated or uncompensated; and any employee
of municipal government or of any municipal agency, commission, board,
or office thereof, whether the position is full time or part time.
MUNICIPALITY
The government of the Township of Barnegat, including any
officer, department, board, commission, or agency, thereof.
POLITICAL CONTRIBUTION
Any loans and transfers of money or other things of value
to any candidate, elected official, or representative of any political
organization, or other commitments or assumptions of liability to
make any such transfer. Political contributions shall be deemed to
have been made upon the date when such commitment is made or liability
assumed.
POLITICAL ORGANIZATION
Any two (2) or more persons acting jointly, or any corporation,
partnership or other incorporated or unincorporated association which
is organized to, or does, aid or promote the nomination, election
or defeat of any candidate or candidates for federal, state, county,
municipal or school board office or political party office. "Political
organization" includes, but is not limited to, organizations defined
in N.J.S.A. 19:44A-3 as a "political committee," "joint candidates
committee," continuing political committee," "political party committee,"
"candidate committee," or "legislative leadership committee."
PUBLIC PROPERTY
All real or personal property owned, leased, or controlled
by the Township of Barnegat.
SOLICIT
To ask for, by oral or written communication, a contribution
as defined herein.
B. General regulations.
(1) Prohibitions against soliciting or accepting political contribution
in rooms or buildings occupied in the discharge of public duties.
No municipal official, employee or appointee may solicit, commit to
pay, or receive payment of or a commitment to pay any political contribution
for any candidate, elected official or political organization while
in any township room or building occupied in the discharge of official
municipal business. This subsection shall include solicitation or
acceptance of political contributions made over a private cell phone
or by use of a private computer, if the person soliciting or accepting
the political contribution or using the cell phone or computer for
purposes of soliciting or accepting the political contribution, is
in any township room or building occupied in the discharge of official
municipal business.
(2) Prohibition against use of public property for political fundraising.
No municipal official, employee, or appointee may solicit, commit
to pay, or receive payment of or a commitment to pay any political
contribution for any candidate, elected official or political organization,
while utilizing public property.
(3) Exception. In the event township public facilities are made available
to any group for nongovernmental use, this prohibition shall not be
deemed to prevent fund-raising of any sort among members of such groups
during the time such groups have reserved exclusive use of the township
facility.
(4) Violation. Violation of any provision of this section shall be punished
by a fine not exceeding one thousand two hundred fifty dollars ($1,250.).
[Added 2-22-05 by Ord. No. 2005-041
A. Definitions.
APPLICATION CHECKLIST
The list of submission requirements adopted by ordinance
and provided by the municipal agency to a developer pursuant to N.J.S.A.
40:55D-10.3.
CONTRIBUTION
Every loan, gift, subscription, advance or transfer or money
or other thing of value, including any item of real property or personal
property, tangible or intangible (but not including services provided
without compensation by individuals volunteering a part or all of
their time on behalf of a candidate, committee or organization), made
to or on behalf of any candidate, candidate committee, joint candidates
committee, political committee, continuing political committee or
political party committee and any pledge, promise or other commitment
or assumption of liability to make such transfer. For purposes of
reports required under the provisions of the ordinance, any such commitment
or assumption shall be deemed to have been a contribution upon the
date when such commitment is made or liability assumed.
CONTRIBUTION DISCLOSURE STATEMENT
A list specifying, the amount, date, and the recipient of
any and all contributions made to or on behalf of any candidate, candidate
committee, joint candidates committee, political committee, continuing
political committee or political party committee of, or pertaining
to, this municipality, made up to one (1) year prior to filing the
variance application and/or during the pendency of the application
process, and required to be report pursuant to N.J.S.A. 19:44A-1 et
seq.
DEVELOPER
A developer as defined by N.J.S.A. 40:55D-4; i.e., the legal
or beneficial owner or owners of a lot or of any land proposed to
be included in a proposed development, including the holder of an
option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
PROFESSIONAL
Any person or entity whose principals are required to be
licensed by New Jersey Law and who supplies legal representation,
expert testimony or written reports in support of an application.
Professionals shall include both any individuals supplying the representation,
testimonies or reports and the firms or entities in which said individuals
practice.
B. General provisions.
(1) Disclosure requirements.
(a)
Any applicant for a variance pursuant to N.J.S.A. 40:55D-70(d),
or a variance pursuant to N.J.S.A. 40:55D70c in conjunction with any
application for a subdivision not considered a minor subdivision pursuant
to local ordinance, or a site plan not considered a minor site plan
pursuant to local ordinance, as well as any application for a subdivision
not considered a minor subdivision pursuant to local ordinance, or
site plan not considered a minor site plan pursuant to local ordinance
requiring waivers or exceptions pursuant to N.J.S.A. 40:55D-51, shall,
for applications made after the effective date of this section, include
in the application, contribution disclosure statements for all developers,
all associates of said developers who would be subject to disclosure
pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2, and all professionals
who apply for or provide testimony, plans, or reports in support of
said variance and who have an enforceable proprietary interest in
the property or development which is the subject of the application
or whose fee in whole or part is contingent upon the outcome of the
application. Regardless of whether the owner of the property which
is subject of the variance application falls in any of the categories
established in the preceding sentence, the applicant shall include
in the application a contribution disclosure statement for said owner.
(b)
During the pendency of the application process for applications
made after the effective date of this section, until final site plan
approval is granted, any applicant required to comply with this section
shall amend its contribution disclosure statements to include continuing
disclosure of all contributions within the scope of disclosure requirement
of the above paragraph.
(2) Inclusion of contribution disclosure statements as an element of
the application checklist.
(a)
An Application Checklist is hereby adopted pursuant to N.J.S.A. 40:55D-10.3 to require that the contribution disclosure statements specified in Subsection
B(1) of this section shall be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
(b)
The Municipal Planning Board and Board of Adjustment shall amend its Application Checklist for variances pursuant to N.J.S.A. 40:55D-70(d) as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance to include the contribution disclosure statements specified in Subsection
B(1) of this section.
(c)
An application shall not be deemed complete by the administrative
official or accepted for public hearing by the Municipal Agency until
the required contribution disclosure statements are submitted.
(3) Availability of the disclosure statement. All contribution disclosure
statements shall be available in the office of the administrative
officer for review by any member of the public.
(4) Intent of the disclosure statement. It is the intent of this section
that the disclosure statement shall serve to inform the public and
not serve as evidence relevant to the decision criteria for variance
applications pursuant to N.J.S.A. 40:55D70(d) as well as for relief
pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications
for site plan and subdivision approval not considered to be minor
site plans or minor subdivisions pursuant to local ordinance.
[Added 2-22-05 by Ord. No. 2005-05; amended 12-5-2017 by Ord. No. 2017-31]
[Added 12-5-2017 by Ord.
No. 2017-31]
The purpose of this chapter is to comply with the provisions
of N.J.S.A. 19:44A-20.3 et seq.
[Added 12-5-2017 by Ord.
No. 2017-31]
As used in this chapter, unless otherwise noted, the terms set
forth in this chapter shall have the meanings delineated within N.J.S.A.
19:44A-20.7.
[Added 12-5-2017 by Ord.
No. 2017-31]
A. The Township of Barnegat, or any agency or instrumentality thereof,
shall not enter into a contract having an anticipated value in excess
of seventeen thousand five hundred dollars ($17,500.), as determined
in advance and certified in writing by the Township of Barnegat, with
a business entity, except a contract that is awarded pursuant to a
fair and open process, if, during the preceding one-year period, that
business entity has made a contribution that is reportable by the
recipient under N.J.S.A. 19:44A-1 et seq., to any municipal committee
of a political party in the municipality if a member of the political
party is serving in an elective public office of the Township of Barnegat
when the contract is awarded, or to any candidate committee of any
person serving in an elective office of the municipality when a contract
is awarded.
B. A business entity that has entered into a contract having an anticipated
value in excess of seventeen thousand five hundred dollars ($17,500.)
with the Township of Barnegat or any agency or instrumentality thereof,
except a contract that is awarded pursuant to a fair and open process,
shall not make a contribution, reportable by the recipient under N.J.S.A.
19:44A-1 et seq., to any municipal committee or political party in
the municipality if a member of a political party is serving in an
elective office of that municipality when the contract is awarded,
or to any candidate committee of any person serving in an elective
public office of that municipality when the contract is awarded during
the term of the contract.
C. No such committee shall accept such a contribution from a business
entity during the term of its contract with the municipality.
[Added 12-5-2017 by Ord.
No. 2017-31]
When a business entity is a natural person, a contribution by
that person's spouse or child, residing therewith, shall be deemed
to be a contribution by the business entity. When a business entity
is other than a natural person, a contribution by a person or other
business entity having an interest therein shall be deemed to be a
contribution by the business entity. When a business entity is other
than a natural person, a contribution by: all principals, partners,
officers, or directors of the business entity or their spouses; any
subsidiaries directly or indirectly controlled by the business entity;
or any political organization organized under Section 527 of the Internal
Revenue Code that is directly or indirectly controlled by the business
entity, other than a candidate committee, election fund, or political
party committee, shall be deemed to be a contribution by the business
entity.
[Added 12-5-2017 by Ord.
No. 2017-31]
If a business entity makes a contribution that would cause it
to be ineligible to receive a public contract, or in the case of a
contribution made during the term of a public contract, that would
constitute a violation of the Pay to Play Acts, the business entity
may request in writing within sixty (60) days of the date on which
the contribution was made that the recipient thereof repay the contribution
and, if repayment is received within those sixty (60) days, the business
entity would again be eligible to receive a contract, or would no
longer be in violation, as appropriate.
[Added 12-5-2017 by Ord.
No. 2017-31]
Nothing contained in this chapter shall be construed as prohibiting
the awarding of a contract when the public exigency requires the immediate
delivery of goods or performance of emergency services.
[Added 12-5-2017 by Ord.
No. 2017-31]
Prior to awarding any contract, except a contract that is awarded
pursuant to a fair and open process, the Township of Barnegat shall
require the business entity to which the contract is to be awarded
to provide a written certification that is has not made a contribution
that would bar the award of a contract pursuant to this chapter. A
business entity shall have a continuing duty to report to the Election
Law Enforcement Commission any contributions that constitute a violation
of this chapter that are made during the duration of a contract.
[Added 12-5-2017 by Ord.
No. 2017-31]
Violations of this chapter shall result in penalties as prescribed
with N.J.S.A. 19:44A-20.10 and N.J.S.A. 19:44A-20.11.
[Added 2-22-05 by Ord. No. 2005-031]
A. Definitions.
PROFESSIONAL SERVICES
For purposes of this section means, as defined at N.J.S.A.
§ 40A:11-2(6), services rendered or performed by a person
authorized by law to practice a recognized profession, whose practice
is regulated by law, and the performance of which services requires
knowledge of an advanced type in a field of learning acquired by a
prolonged formal course of specialized instruction and study as distinguished
from general academic instruction or apprenticeship and training.
For purposes of this ordinance, however, professional services shall
not include professional artistic services as defined at N.J.S.A.
§ 40A:11-2(6). Professional services shall include financial
services or insurance services.
B. General provisions.
(1) The municipality shall award all contracts or agreements for the
provision of professional services on the basis of qualification based,
competitive negotiation.
(2) Professional Service contract requests for proposal shall be published
by the posting of a public notice at least ten (10) days prior to
the awarding of any contract for professional services.
(3) The public notice shall be;
(a)
Prominently posted in the public place reserved for Sunshine
Law notices;
(b)
Mailed, telephoned, telegrammed, faxed or hand delivered to
at least two (2) newspapers designated to receive such notices because
they have the greatest likelihood of informing the public within the
municipality, one (1) of which shall be the official newspaper of
the municipality; and
(c)
Final with the Clerk of the municipality.
(4) The public notice shall, at minimum, include:
(a)
A description of the professional services needed, including,
where appropriate, a description of tasks involved.
(b)
Threshold qualification requirements setting the highest possible,
minimum standards for qualifying to compete for the particular services
and tasks involved.
(c)
Notice that standardized submission requirements and selection
criteria are on file and available at a stated location in the township.
(d)
Deadline and place for all submissions.
(5) Standardized submission requirements shall include:
(a)
Names and roles of the individuals who will perform the task
and a description of their experience with projects similar to the
matter being advertised.
(b)
References and record of success.
(c)
Description of ability to provide the services in a timely fashion
(including staffing, familiarity and location of key staff).
(d)
Cost details, including the hourly rates of each of the individuals
who will perform services and time estimates for each individual,
all expenses, and, where appropriate, total cost of "not to exceed"
amount.
(6) The selection criteria to be used in awarding a contract or agreement
for professional services shall include:
(a)
Qualifications of the individuals who will perform the tasks
and the amounts of their respective participation.
(b)
Experience and references.
(c)
Ability to perform the task in a timely fashion, including staffing
and familiarity with subject matter.
(d)
Cost consideration—including, but not limited to, historical
costs for similar professional services, expertise involved and comparable
costs for comparable public entities.
(7) All submissions shall be kept on file during the term of the related
contract, and shall be public records after the deadline for the submission
of proposals.
(8) In the event that compliance with part or all of the requirements
of this ordinance is impracticable as regards a particular contract
or agreement, the Township Committee may waive part or all of the
requirements by a majority vote of the full Committee in the appointing
resolution, setting forth with specificity the reasons such waiver
is required.