[HISTORY: Adopted by the Mayor and Common Council of the
City of Gloucester City 11-22-2011 by Ord. No. O17-2011. Amended in entirety 12-21-2017 by Ord. No. O35-2017. Prior ordinances include Ord. Nos. 22-2013 and O04-2017.
Subsequent amendments noted where applicable.]
The City of Gloucester City reaffirms the policy of the City
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 City of Gloucester
City as well as the City's policy to prohibit professional business
entities which are performing or being paid under existing contracts
with the City from making political contributions in amounts that
exceed to City's limits on political contributions by professionals.
The City 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
City of Gloucester City.
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 chapter.
Shall have the same meanings 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 statues 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 and 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 Gloucester City candidates for Mayor or Common Council,
or which engage in political activities in support or opposition to
candidates for Gloucester City Mayor or Common Council.
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 Contract
Law.
A.
Any other provisions of law to the contrary notwithstanding, Gloucester City or any of its purchasing agents or agencies or those of its independent authorities, the Land Use 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, form any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a 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 Gloucester City political party committee or PAC that regularly engaged 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 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 City or any department or agency
thereof or of its independent authorities for the rendering or 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 contributions of money, or pledge of contribution,
including in-kind contributions, to any Gloucester City 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 Gloucester City 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
Gloucester City 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 Ordinance, 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
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 may not annually contribute more than $2,600 each for any purpose to any candidate for Mayor or candidate for Common Council, or $7,200 to a Gloucester City political party committee or PAC without violating Subsection A of this section.
E.
For purposes of this section, the office that is considered to have
ultimate responsibility for the award of the contract shall be:
(1)
Gloucester City Common Council and the Mayor of Gloucester City if
the contract requires approval or appropriation from the Council or
Mayor;
(2)
The Mayor of Gloucester City 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 Gloucester City Land Use 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 Gloucester City shall not be deemed in violation of
this Ordinance nor does the Ordinance 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 Common Council Candidate, or Gloucester
City political party committee or PAC referenced in this Ordinance
shall be deemed a violation of this Ordinance, 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 Ordinance.
A.
Prior to awarding any contract or agreement to procure services,
including banking or insurance coverage services, with any professional
business entity, the City or any of its purchasing agents or agencies,
the Land Use Board may be, shall receive a sworn statement from the
professional business entity made under penalty or perjury that the
bidder or offerer has not made a contribution in violation of this
Ordinance.
B.
The professional business entity shall have a continuing duty to
report any violations of this Ordinance that may occur during the
negotiation of a contract. The certification required under this subsection
shall be made prior to entry into the contract or agreement with the
City and shall be in addition to any other certifications that may
be required by any other provision of law.
A professional business entity or City candidate or officeholder
or Gloucester City, political party committee or PAC referenced in
this Ordinance may cure a violation of this Ordinance, if, within
60 days after the date on which the applicable ELEC Report is published,
the professional business entity notifies the City Committee in writing
and seeks and receives reimbursement of a contribution from the Gloucester
City candidate or political party committee or PAC referenced in this
Ordinance.
A candidate for Mayor or Common Council shall not make a contribution
to any other candidate committee or municipal party committee not
affiliated with the City of Gloucester City; nor shall any such candidate
accept a contribution from any other candidate committee or municipal
party committee not affiliated with the City of Gloucester City.
A.
It shall be a breach of the terms of the Gloucester City professional
services agreement for a business entity to: (i) make or solicit a
contribution in violation of this Ordinance; (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 Gloucester City; (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 Ordinance; (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 Ordinance; 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 Ordinance.
