[Amended 8-10-2016 by Ord. No. 1819-2016]
Developers, sometimes at the request of candidates for local
elected office or political party officials, make substantial political
contributions to the election campaigns of local candidates, and to
the political parties that support them.
The local government officials are, once elected or appointed,
responsible for deciding the terms of a redevelopment agreement.
Political contributions from developers entering into agreements
for redevelopment projects approved by the elected officials who receive
such contributions raise reasonable concerns on the part of taxpayers
and residents as to their trust in the process of local redevelopment,
including but not limited to redevelopment decisions on tax abatements,
zoning densities, publicly funded infrastructure improvements, and
acquisition of property rights pursuant to eminent domain.
The Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1
et seq. provides a mechanism to empower and assist local governments
in efforts to promote programs for redevelopment.
N.J.S.A. 40A:12A-8 allows municipalities or a designated redevelopment
entity to enter into agreements with redevelopers for planning, replanning,
construction or undertaking of any project or redevelopment work without
public bidding and at such prices and upon such terms as it deems
reasonable within areas designated for redevelopment.
N.J.S.A. 40A:12A-11 provides that redevelopment entities are
instrumentalities of the City of Perth Amboy.
Both the exceptions to the Open Public Meetings Act, more specifically
N.J.S.A. 10:4-12(b), and N.J.S.A. 40A:12A-8 provide that discussions
about the negotiations for such agreements can be conducted in executive
session, provided the full terms of any such agreements are discussed
and approved in open session.
The City of Perth Amboy has previously or may in the future
declare certain areas of the City of Perth Amboy to be Areas in Need
of Redevelopment under the Local Redevelopment and Housing Law, and
has or may adopt an amended Redevelopment Plan.
Given the potential of negotiating with private parties or redevelopers
and the entering into agreements with such redevelopers without a
formal public bidding process, as permitted by the Local Redevelopment
and Housing Law, it is necessary to establish certain limitations
on political contributions which may undermine public confidence in
any redevelopment effort.
The restriction against local political contributions contained
herein does not impair in any way the remaining opportunities for
such redevelopers to speak, write and publish their sentiments about
local elections and candidates or to volunteer or associate with campaigns
of their own choosing.
[Amended 8-10-2016 by Ord. No. 1819-2016]
The policy of the City of Perth Amboy is that any entity or
individual seeking to enter into a redevelopment agreement or amendment
thereto or is otherwise seeking to obtain rights to develop pursuant
to a redevelopment agreement, who makes substantial political contributions
to City of Perth Amboy elected officials, candidates for such positions
and local and county political committees, will be ineligible to receive
such agreements, or rights from the City of Perth Amboy.
[Amended 8-10-2016 by Ord. No. 1819-2016]
Prohibition of entering into or amending redevelopment agreements
with contributors:
A. Any other provision of law to the contrary notwithstanding, the Perth Amboy Redevelopment Agency, City of Perth Amboy, or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, (collectively referred to as the "City of Perth Amboy") shall not enter into an agreement, amend an agreement, or otherwise contract with any redeveloper for the planning, replanning, construction or undertaking of any redevelopment project, including the acquisition or leasing of any public property in conjunction with the redevelopment of any area within the City of Perth Amboy pursuant to the Local Redevelopment and Housing Law, if that redeveloper has made any contribution of money (except as set forth in Subsection
98-13D) or pledge of a contribution, including in-kind contributions, during the applicable time period as specified below, to a campaign committee of any candidate for office in the City of Perth Amboy, or holder of public office within the City of Perth Amboy having responsibility for arranging, entering into, or approving the redevelopment agreement, or for appointing those who enter into the agreement on behalf of the City of Perth Amboy or of its Redevelopment Authority or; to any municipal political campaign committee, or to any Middlesex County party committee, or to any political action committee which regularly engages in the support of municipal elections and/or municipal parties or which engages in the support of Perth Amboy municipal campaigns (PAC). For purposes of this section, the "applicable time period" shall be defined as the one (1) year prior to the entry of the Redevelopment Agreement, amendment, Conditional Designation Agreement, Interim Cost Agreement or contract between the Perth Amboy Redevelopment Agency and/or City of Perth Amboy and the redeveloper. The provisions of this section are applicable as of the initial effective date of this Article.
B. All redevelopment agreements or amendments thereto entered into by the City of Perth Amboy or Perth Amboy Redevelopment Authority shall contain a provision prohibiting redevelopers as defined in Subsection
C to solicit or make any contribution of money or pledge of a contribution including in-kind contributions, to any City of Perth Amboy candidate or holder of public office within the City of Perth Amboy having responsibility for arranging, entering into, or approving the redevelopment agreement, or for appointing those who enter into the agreement on behalf of the City of Perth Amboy or its Redevelopment Authority, or; to any Perth Amboy political campaign committee, or to any City of Perth Amboy or Middlesex County Party Committee, or to any political action committee which regularly engages in the support of municipal elections and/or municipal parties or which engages in the support of City of Perth Amboy municipal campaigns (PAC), between the time of first communication between that redeveloper and the City of Perth Amboy regarding a redevelopment project and the termination of negotiations or the completion of the redevelopment agreement, which ever is later.
C. As defined in N.J.S.A. 40A:12A-3, a "redeveloper" means any person,
firm, corporation or public body that shall enter into or propose
to enter into a contract with a City of Perth Amboy or other redevelopment
entity for the redevelopment or rehabilitation of an area in need
of redevelopment, or an area in need of rehabilitation, or any part
thereof, under the provisions of this Act, or for any construction
or other work forming part of a redevelopment or rehabilitation project.
For the purposes of this Article the definition of a redeveloper 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 provider as well as any affiliates or subsidiaries
directly controlled by the redeveloper. Spouses and adult children
at home shall also be included.
D. Any individual meeting the definition of "redeveloper" under this section may contribute a maximum of three hundred dollars ($300) within a municipal election cycle to each candidate or holder of office within the City of Perth Amboy or to any City of Perth Amboy party, Middlesex Party Committee or to a PAC referenced in this section without violating Subsections
A,
B or
C of this section. The provisions of this section are applicable as of the initial effective date of this Article.
E. For the purposes of this section, the office that is considered to
have responsibility for arranging and entering into the redevelopment
agreement under the Act shall be:
(1) The Perth Amboy Council if the redevelopment agreement requires approval
or appropriation from the Council or a public officer who is responsible
for arranging and entering into the redevelopment agreement if that
public officer is appointed by Council; or
(2) The Mayor of City of Perth Amboy if the redevelopment agreement requires
the approval of the Mayor or a public officer who is responsible for
arranging and entering into the redevelopment agreement if that public
officer is appointed by the Mayor; or
(3) A designated redevelopment entity, if the redevelopment agreement
requires the approval of the redevelopment entity.
F. For the purpose of this section, "candidate" is defined as an individual
who has filed a D-1 "Single Candidate Committee — Certificate
of Organization and Designation of Campaign Treasurer and Depository"
form for candidacy in conformance with the New Jersey Election Law
Enforcement Commission ("ELEC").
[Amended 8-10-2016 by Ord. No. 1819-2016]
No contribution of money or any other thing of value, including
in-kind contributions, made by a redeveloper to any candidate for
Mayor or Council or political campaign committee shall be deemed a
violation of this Article nor shall an agreement for redevelopment
projects of any kind whatsoever be disqualified thereby if that contribution
or agreement was made by the redeveloper prior to the effective date
of this Article.
[Amended 8-10-2016 by Ord. No. 1819-2016]
A. It shall be the City of Perth Amboy's continuing responsibility
to give notice of this Article when the City of Perth Amboy gives
notice of redevelopment pursuant to N.J.S.A. 40A:12A-6 and when the
City of Perth Amboy adopts a resolution directing the Planning Board
to prepare a redevelopment plan and at the time that the City of Perth
Amboy adopts the ordinance to implement the redevelopment plan.
B. Prior to arranging and entering into the redevelopment agreement with any redeveloper, the City of Perth Amboy, or any of its purchasing agents or agencies or independent authorities, as the case may be, shall receive a sworn statement from the redeveloper that the redeveloper has not made any contribution in violation of Section
98-13A above. Furthermore, the redeveloper shall have a continuing duty to report any violations of this Article that may occur while arranging and entering into the redevelopment agreement, and until all specified terms of the agreement have been completed. The certification required under this subsection shall be made prior to entry into the agreement with the City of Perth Amboy and shall be in addition to any other certifications that may be required by any other provision of law.
[Amended 8-10-2016 by Ord. No. 1819-2016]
A. The contribution and disclosure requirements in this Article shall
apply to all redevelopers as well as professionals, consultants or
lobbyists contracted or employed by the business entity ultimately
designated as the redeveloper to provide services related to the:
(1) Lobbying of government officials in connection with the examination
of an area and its designation as an area in need of redevelopment
or in connection with the preparation, consultation and adoption of
the redevelopment plan;
(2) Obtaining the designation or appointment as redeveloper;
(3) Negotiating the terms of a redevelopment agreement or any amendments
or modifications thereto; and
(4) Performing the terms of a redevelopment agreement.
B. It shall be a breach of the consultant's contract, and shall
require immediate termination for a consultant to violate the contribution
limits and disclosure requirements in this Article.
C. A redeveloper who participates in, or facilitates, the circumvention
of the contribution restrictions through consultants or professionals
shall be deemed to be in breach.
[Amended 8-10-2016 by Ord. No. 1819-2016]
A redeveloper or municipal candidate or officeholder or municipal or county party committee or PAC referenced in this Article may cure a violation of Section
98-13 of this Act, if, within thirty (30) days after the date on which the applicable ELEC Report is published, the redeveloper notifies the Municipal Council in writing and seeks and receives reimbursement of a contribution from the municipal candidate or municipal or county political party or PAC referenced in this Article.