[HISTORY: Adopted by the Mayor and Council of the Borough of Lawnside 4-6-2011 by Ord. No. 11-FY2011. Amendments noted where applicable.]
As used in this chapter:
A. 
CAMPAIGN COMMITTEE — (i) Every candidate for the Borough of Lawnside elective municipal office; (ii) every candidate committee established by or for the benefit of a candidate for the Borough of Lawnside elective municipal office; (iii) every joint candidate committee established in whole or part by or for the benefit of a candidate for the Borough of Lawnside elective municipal office; (iv) every political party committee of the Borough of Lawnside; and (v) every political committee, continuing political committee, or other form of association or organization that regularly engages in the support of candidates for Borough of Lawnside municipal offices. The terms in the foregoing paragraph have the meaning prescribed in N.J.A.C. 19:25-1.7.
B. 
CONTRIBUTION — Has the meaning prescribed in N.J.A.C. 19-25-1.7. By way of illustration, and not limitation, this definition includes pledges, loans, and inkind contributions.
C. 
CONTRACT FOR PROFESSIONAL OR EXTRAORDINARY SERVICES — All contracts for "professional services" and "extraordinary unspecifiable services" as such term is used in N.J.S.A. 40A:11-5.
D. 
BUSINESS ENTITY — Whose contributions are regulated by this chapter — For purposes of this chapter: (i) an individual including the individual's spouse, and any child/children; (ii) a firm; corporation; professional corporation; partnership; limited liability company; organization; association; and any other manner and kind of business entity; (iii) any person who owns 10% or more of the equity or ownership or income interests in a person or entity as defined in sections (i) and (ii) above and their spouses and child/children; (iv) all partners or officers of such an entity, in the aggregate, and their spouses and child/children; (v) any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquired the right to receive, from a person described in subparagraph (i) above, more than $100,000 in compensation or income of any kind (including, by way of illustration, and not limitation: wages, salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stock, stock options or gifts), in any twelve-month period prior to the award or during the term of a contractor subject to this chapter; and (vi) all persons who are an "affiliate" of a business entity as defined in sections (i), (ii) and (v) above, as such term is used in 11 U.S.C. 101(2).
A. 
To the extent that it is not inconsistent with state or federal law, the Borough of Lawnside and any of its departments, instrumentalities or purchasing agents shall not enter into any agreement or otherwise contract to procure "professional services" as such term is defined at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1)(a)(i) and/or banking, insurance or other consulting service (hereinafter "professional services") nor "extraordinary unspecified services" as such term is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5(1)(a)(ii) and/or media public relations, lobbying, parking garage management or other consulting and/or management service (hereinafter "extraordinary unspecified services") from any business entity if such business entity has solicited or made any contribution to (i) a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office the Borough of Lawnside or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Borough of Lawnside political committee or political party committee, or (iii) to any continuing political committee or political action committee that regularly engages in the support of the Borough of Lawnside municipal elections and/or the Borough of Lawnside municipal candidates, candidate committees, joint candidate committees, political committees, political parties, political party committees, (hereinafter "PAC"), in excess of the thresholds specified in Subsection C within one calendar year immediately preceding the date of the contract or agreement.
B. 
No business entity who submits a proposal for, enters into negotiations for contract or agreement with the Borough of Lawnside or any of its departments for the rendition of professional services or extraordinary unspecified service shall knowingly solicit or make any contribution, to (i) a candidate, candidate committee, committee of any candidate for elective municipal officer in the Borough of Lawnside, or office having ultimate responsibility for the award of a contract, or (ii) any Borough of Lawnside political committee or political party committee, or (iii) any PAC between the time of first communication between that business entity and the municipality regarding a specific agreement for professional services or extraordinary unspecified services, and the later of the termination of negotiations or rejection of any proposal, or the completion of the performance or specified time period of that contract or agreement.
C. 
The monetary thresholds of this chapter are: (i) a maximum of $300 per calendar year each for any purpose to any candidate or candidate committee for mayor or governing body, or $500 per calendar year to any joint candidates committee for mayor or governing body, or $300 per calendar year to a political committee or political party committee of the Borough of Lawnside; (ii) $500 maximum per calendar year to Borough of Lawnside political committee or political party committee; and (iii) $500 maximum per calendar year to any PAC. However, for each business entity party to a contract for professional or extraordinary unspecified services as defined in Subsection A, or engaged in negotiations for a contract defined in Subsection A, when such business entity's contribution is aggregated with all "persons" defined in Section 51-1D, of Definitions above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Borough of Lawnside candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of Lawnside political committees as described herein combined, without violating Subsection A of this section.
D. 
For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be (i) the Borough of Lawnside Mayor or governing body, if the contract requires approval or appropriation from the Mayor or governing body, or (ii) the Mayor of the Borough of Lawnside, 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.
E. 
Rules regarding subcontractors. No person may be awarded a subcontract to perform under a contract subject to this chapter, if the subcontractor would be disqualified by Subsection A from receiving the contract at the time that the subcontract is awarded. Nor may any person who would be disqualified by Subsection A from receiving the contract perform substantially all of obligation described in a contract for professional or extraordinary services that is subject to this chapter.
No contribution or solicitation of contributions made prior to the effective date of this chapter shall be considered a violation of this chapter.
No contract subject to this chapter may be renewed, extended, or materially modified unless the resulting renewal, extension, or modification would be allowable under the provisions of this chapter if it were an initial contract.
A. 
Prior to awarding any contract or agreement to procure professional services or extraordinary unspecified services from any business entity, the Borough of Lawnside or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said business entity which is the intended recipient of said contract that he/she/it has not made a contribution in violation of Section 51-1 of this chapter. The Borough of Lawnside, its purchasing agents and departments shall be responsible for informing the governing body that the aforementioned sworn statement has been received and that the business entity is not in violation of this chapter, prior to awarding the contract or agreement.
B. 
A business entity shall have a continuing duty to report to the Borough of Lawnside any contributions that constitute a violation of this act that are made during the negotiations, proposal process or the duration of a contract. The Borough of Lawnside, its purchasing agents and departments shall be responsible for informing the governing body within 10 business days after receipt of said report from the business entity, or at the next City Council meeting following receipt of said report from the business entity, or whichever comes first.
C. 
The certification required under this section shall be made prior to entry into the contract or agreement with the Borough of Lawnside, or prior to the provision of services or goods, as the case may be, and shall be in addition to any other certifications that may be required by any other provision of law.
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of Section 51-1 of this chapter, if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the municipality in writing and seeks and receives reimbursement of the contribution from the recipient such contribution.
The contribution limitations prior to entering into a contract in Section 51-1D do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefore within the meaning of N.J.S.A. 40A:11-4, or (ii) are awarded in the case of emergency under N.J.S.A. 40A:11-6. There is no exemption for contracts awarded pursuant to a "Fair and Open Process" under N.J.S.A. 19:44A-20 et seq.
A. 
It shall be a material breach of the terms of a Borough of Lawnside agreement or contract for professional services or extraordinary unspecified services when a business entity that is a party to such agreement or contract has: (i) made or solicited a contribution in violation of this chapter; (ii) knowingly concealed or misrepresented a contribution given or received; (iii) made or solicited contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iv) made or solicited any contribution on the condition or with the agreement that it will be recontributed to a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in the Borough of Lawnside, or a holder of public office having ultimate responsibility for the award of a contract, or any Borough of Lawnside political committee or political party committee, or any PAC; (v) engaged or employed a lobbyist or constituent with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited any professional business entity itself, would subject that entity to the restrictions of this chapter; (vi) funded contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engaged in any exchange of contributions to circumvent the intent of this chapter; or (viii) directly or indirectly, through or by any other person or means, done any act which if done directly would subject that entity to the restrictions of this chapter.
B. 
Furthermore, any business entity that violates Section 51-8A(i)-(viii) shall be disqualified from eligibility for future Borough of Lawnside contracts for a period of four calendar years from the date of the violation.
C. 
Any person who knowingly, purposely, or recklessly violates any provision of this chapter, or who conspires with another person to violate any provision of this chapter, or who, with the purpose of promoting or facilitating a violation of this chapter, solicits another person to commit it, or aids or agrees, or attempts to aid another person in planning or committing it, shall be subject to punishment including fines and/or imprisonment affixed by law for violations or the ordinances of the Borough of Lawnside.
In addition to any rights that were heretofore available, or which may hereafter be available, to citizens, taxpayers, or associations, to challenge violations of this chapter, every person aggrieved by a violation of the chapter, or any taxpayer or resident of the Borough of Lawnside has the right, consistent with the Rules of Court, to file charges in a court of competent jurisdiction, and/or to pursue a civil action for a violation of this chapter in a court of competent jurisdiction and to seek and obtain declaratory, injunctive, or other legal or equitable relief, including but not limited to attorneys' fees and costs, arising from or related to a violation of this chapter.
If any provision of this chapter, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this chapter to the extent it can be given effect, or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby, and to this extent the provisions of this chapter are severable. The drafters of this chapter, the persons signing the petition in support of this chapter, and the persons who cast votes in favor of this chapter, declare that they would have supported the chapter and each section, subsection, sentence, clause, phrase, or provision or supported the chapter and each section, subsection, sentence, clause, phrase, or provision or application thereof, irrespective of the fact that any one or more other sections, subsections, sentences, clauses, phrases, or provisions or applications thereof may be held invalid.