[Ord. 12-10-90 § II]
a.
A requisition and purchase order system shall be maintained.
b.
No employee or official of the Borough shall incur any liability
on the part of the Borough of East Newark unless it shall have been
properly authorized by a purchase order.
c.
In case of emergencies during off hours, work may be authorized,
but a purchase order must be obtained on the next working day.
d.
In instance where numerous miscellaneous purchases are made from
a particular vendor, a purchase order may be issued in an amount not
to exceed $200; an additional purchase order may be issued in an amount
not to exceed $200 for a specific month. A new purchase order shall
be issued for each month.
e.
The Councilmember who is in charge of the respective departments
shall designate in writing and file with the Treasurer's office and
the Borough Clerk's office the name of the person or persons in each
department or office who shall prepare and sign requisitions for purchase
orders.
f.
The requisition and purchase order system shall be operated as follows:
1.
The requisition and purchase order system shall be combined on one
form.
2.
The forms shall be prepared in quintuplicate.
3.
The requisition shall be prepared, coded and signed by the properly
designated person.
4.
The requisition shall be approved by the Councilmember in charge
of the department, or by the person properly designated.
5.
The requisition shall be given to the office of the Treasurer.
6.
The Treasurer shall check the requisition to the budget appropriation
and, if the balance is sufficient, authorize the purchase by signing
same and assigning a prenumbered purchase order.
7.
The purchase order shall be distributed as follows:
(a)
The original shall be the voucher.
(b)
The first copy shall be the purchase order and shall be delivered
to the vendor along with the original.
(c)
The second copy shall be given to the department or office that is
to receive the purchase. When the purchase is received, the second
copy shall be returned to the office of the Treasurer, along with
the delivery ticket. If no delivery ticket is available, the person
receiving the goods or services shall so signify in writing.
(d)
The third copy shall be retained by the Treasurer's office and filed
in appropriation file until payment is made and thereafter it shall
be pulled and attached to the voucher together with the second copy.
(e)
The fourth copy shall be retained by the Treasurer and shall be used
for encumbering the amount and filed in numerical order.
(f)
The fifth copy shall be filed by the Treasurer in alphabetical order.
[New]
There is a growing problem of delinquent payment of property
taxes and assessments by individuals and businesses; and the New Jersey
Legislature has adopted an Act, P.L. 1987, Ch. 174 which empowers
a municipality to control the issuance and revocation of certain licenses,
permits or certificates of occupancy, if the owner thereof either
owes or is delinquent in paying property taxes or assessments thereon.
The promotion of public interest is best served by regulating delinquent
taxpayers by controlling the issuance, renewal and revocation of the
permits and licenses.
[New]
As a precondition to the issuance or renewal of any license,
permit or certificate of occupancy issued by, or requiring the approval
of the Borough, the applicant, if he is the owner thereof, shall pay
any delinquent property taxes, assessments, water-sewer connection
fees, and water and sewer charges on the property wherein the business
or activity for which the license or permit is sought or wherein the
business or activity is to be conducted.
[New]
If the owner of the property upon which the licensed business
or activity is conducted has failed to pay the taxes, assessments,
water-sewer connection fees and water and sewer charges due on the
property for at least three consecutive quarters, then that license,
permit or certificate of occupancy shall be revoked or suspended.
[New]
Upon payment of delinquent taxes or assessment, pursuant to
the provisions of this section, the license, permit or certificate
of occupancy shall be restored.
[New]
The provisions of this section shall not apply to or include
any Alcoholic Beverage License or permit issued pursuant to the Alcoholic
Beverage Control Act, N.J.S.A. 33:1-1 et seq.
[Ord. No. 05-09]
The following words, terms and phrases, when used in this section
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Shall mean the Borough provision of funding or facilities,
including maintenance of facilities.
Shall mean a determination of whether a person has a criminal
record by cross-referencing that person's name and fingerprints with
those on file with the Federal Bureau of Investigation, Identification
Division and the State Bureau of Identification in the Division of
State Police.
Shall mean a corporation, association or other organization
established pursuant to Title 15 of the Revised Statutes, Title 15A
of the New Jersey Statutes or other law of the State and is exempt
from Federal income taxes but excluding public and nonpublic schools,
and which provides sports related activities or services for persons
younger than 18 years of age, in connection with Borough of East Newark
sponsored or cosponsored sports programs or leagues.
Shall mean a three-member committee consisting of the Mayor,
the Chief of the East Newark Police Department and an official member
of the East Newark Police Department. The Committee shall be charged
with the review of all appeals by any employee or volunteer whose
criminal history background check reveals a disqualifying criminal
conviction.
Shall mean leagues and recreation run directly by the Borough
of East Newark Recreation Division, including, oversight, control
and/or fiscal contribution.
Shall mean to have the direction and oversight of the performance
of others.
Shall mean not supervised or not under constant observation.
Shall mean any person involved with a Borough of East Newark-sponsored
or cosponsored sports program or league who has regular unsupervised
direct access to minors as a result of their involvement with the
organization.
[Ord. No. 05-09]
a.
The Borough of East Newark requires that all nonprofit youth-serving
organizations request that the State Bureau of Investigation in the
Division of State Police conduct a criminal history record background
check on each prospective and current employee and volunteer of the
organization. This criminal history background check shall be conducted
by the New Jersey State Police or their designated vendor for that
purpose. Each youth league must ensure that all employees and volunteers
comply with the instructions provided by the New Jersey State Police
or its designee. Each youth league must supply each employee or volunteer
with the necessary forms and information to complete the process.
There shall be a thirty-day grace period for each new employee or
volunteer of the youth-serving organization to make application for
this criminal history record background check. All coaches must have
their fingerprinting and application completed by the end of the thirty-day
grace period.
b.
The youth organizations shall request a criminal history record background
check only upon receipt of the written consent for such a check from
the prospective or current employee or volunteer with direct unsupervised
access to minors.
c.
The Borough shall bear the costs associated with conducting the criminal
history record background checks required by this section in accordance
with the fees established by the State Bureau of Identification in
the Division of State Police, and in accordance with N.J.S.A. 15A:3A-2(d).
The initial expense is to be borne by the employee or volunteer. Upon
completing the processing, the youth organization shall reimburse
each employee or volunteer. The youth organization will then submit
to the Borough a request for reimbursement by showing how much is
due, with proof of completion and names of employees or volunteers.
d.
The State Police or its designee shall inform the youth organization whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in subsection 2-44.3 below. Any information received by the youth organization shall be communicated to the Borough of East Newark Police Department, which information shall be confidential, except as otherwise provided herein.
e.
Any person who, by virtue of their occupation, is required by statute
to undergo a Federal and State criminal history record background
check similar in nature to the requirements contained herein, and
who can provide proof of the results of such background check, is
exempt from the requirements hereunder until three years has elapsed
since the most current background check.
[Ord. No. 05-09]
a.
A person may be disqualified from serving as an employee or volunteer
of a nonprofit youth-serving organization if that person's criminal
history record background check reveals a record of conviction of
any of the following crimes and offenses:
1.
In New Jersey, any crime or disorderly persons offense:
(a)
Involving danger to the person, meaning those crimes and disorderly
persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as
criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless
endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as
kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A.
2C:15-1 et seq., such as robbery;
(b)
Against the family, children or incompetents, meaning those
crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1
et seq., such as endangering the welfare of the child;
2.
In any other state or jurisdiction, conduct which, if committed in
New Jersey, would constitute any of the crimes or disorderly persons
offenses described in this section.
[Ord. No. 05-09]
a.
Access to criminal history record information for noncriminal justice
purposes, including licensing and employment, is restricted to the
members of the Review Committee, as authorized by Federal or State
statute, rule or regulation, executive order, local ordinance or resolution
regarding obtaining and disseminating of criminal history information
obtained under this section.
b.
The Review Committee shall limit its used of criminal history record
information solely to the individual for which it was obtained. The
criminal history record information furnished shall not be disseminated
to persons or organizations not authorized to receive the records
for authorized purposes. This information shall be limited solely
to the authorized purpose for which it was given and it shall not
be disseminated to any unauthorized persons. Any person violating
Federal or State regulations governing access to criminal history
records information may be subject to criminal and/or penalties.
[Ord. No. 05-09]
a.
A person is not presumed guilty of any charges or arrests for which
there are no final dispositions indicated on the criminal industry
record background check. The State Police shall make the initial recommendation
concerning the individual, based solely on the New Jersey State Statutes,
to the Borough of East Newark Police Department who shall provide
the information to the Review Committee and advise the Review Committee
whether or not the individual is being recommended. The Review Committee
will receive a preprinted form on each individual submitted to the
State Police for a background check. One form will be for recommendation
and the other will be for rejection. If there is a rejection, the
Review Committee may nonetheless allow the employee or volunteer to
participate in Borough-sponsored or cosponsored recreation. It is
within the Review Committee's discretion to supersede the State Police
recommendation.
b.
Upon receipt of the information from the Borough of East Newark Police
Department, the Review Committee shall promptly provide written notice
to a prospective or current employee or volunteer whose criminal history
record background check reveals a disqualifying conviction. The person
shall have 30 days from the receipt of that notice to petition the
Review Committee (in writing addressed to the Borough's Administrative
Assistant), of an intention to challenge and/or review the accuracy
of the information received and the Committee's determination. The
individual shall cite reasons substantiating the challenge and review.
c.
Notwithstanding the criteria set forth in subsection 2-44.3 of this section, no person shall be disqualified from serving as an employee or volunteer of a nonprofit youth-serving organization, if the person can affirmatively demonstrate rehabilitation to the Review Committee. In determining whether a person has affirmatively demonstrated rehabilitation, the Review Committee shall consider the following factors:
1.
The nature and responsibility of the position which the convicted
person would hold or has held, as the case may be;
2.
The nature and seriousness of the offense;
3.
The circumstances under which the offense occurred;
4.
The date of the offense;
5.
The age of the person and the victim (if any) when the offense was
committed;
6.
Whether the offense was an isolated or repeated incident;
7.
Any social conditions which may have contributed to the offense;
8.
Any evidence of rehabilitation, including good conduct in prison
or the community, counseling or psychiatric treatment received, acquisition
of additional academic or vocational schooling, successful participation
in correctional work-release programs, or the recommendation of those
who have had the person under their supervision.
d.
The Review Committee shall promptly advise an organization in writing
if a current or prospective employee or volunteer whose criminal history
record background check reveals a disqualifying offense has affirmatively
demonstrated rehabilitation under this section.
e.
The potential demonstration of rehabilitation shall not apply to persons who have been convicted, adjudicated, delinquent or acquitted by reason of insanity, of any of the following crimes: aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c of N.J.S.A. 2C:13-1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b of N.J.S.A. 2C:24-4; luring or enticing pursuant to N.J.S.A. 2C:13-6; criminal sexual contact pursuant to N.J.S.A. 2C:14-3b, if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2, or false imprisonment pursuant to N.J.S.A. 2C:13-3, if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated offenses.
f.
When the Review Committee provides written notification to an individual
stating whether the criminal history record background check performed
pursuant to this section reveals a disqualifying offense, or stating
that the person has affirmatively demonstrated rehabilitation under
this section, the Review Committee may file that written notification
with the Borough of East Newark Police Department.
g.
The Borough of East Newark Police Department shall keep any such
written notification received from the Review Committee on file for
three years from the date it was issued.
h.
The Review Committee may request the Borough of East Newark Police
Department to review its files to determine if there is written notification
on file stating whether a criminal history record background check
of a current or prospective employee or volunteer revealed a disqualifying
offense, or stating that the person has affirmatively demonstrated
rehabilitation under this section. A current or prospective employee
or volunteer shall not be required to submit to another criminal history
record background check if such written notification was issued within
the past three years.
i.
No person or entity shall be held liable in any civil or criminal
action brought by any party based on any written notification that
may be on file with the Borough of East Newark Police Department pursuant
to the provisions of this section.
[Ord. No. 05-09]
Failure to comply with the criminal history background check
requirements of this section may result in the Borough withholding
funding for the subject program or league and/or prohibiting the use
of Borough facilities by that program or league.
[Ord. No. 05-11]
Large political contributions from those seeking or performing
contracts with a municipality raise reasonable concerns on the part
of taxpayers and residents as to their trust in government and its
business practices.
Pursuant to N.J.S.A. 40:48-2, a municipality is authorized to
adopt such ordinances, regulations, rules and bylaws as necessary
and proper for good government, as well as the public health, safety
and welfare.
Pursuant to P.L. 2005, c. 271 (codified at N.J.S.A. 40A:11-51)
a municipality is authorized to adopt by ordinance, measures limiting
the awarding of public contracts to business entities that have made
political contributions, and limiting the contributions that the recipient
of such a contract can make during the term of a contract.
In the interest of good government, the people and the government
of the Borough of East Newark desire to establish a policy that will
avoid the perception of improper influence in public contracting and
local elections.
It shall be the policy of the Borough of East Newark to create
such a regulation which states that a business entity which makes
political contributions to municipal candidates and municipal and
County political parties in excess of certain thresholds shall be
limited in its ability to receive public contracts from the Borough
of East Newark.
[Ord. No. 05-11]
As used in this section:
Shall mean (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 paragraph (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
of, or during the term of, a contract subject to this section; and
(vi) all persons who are an "affiliate" of a business entity as defined
in (i), (ii) and (v) above, as such term is used in 11 U.S.C. 101(2).
Shall mean (i) every candidate for Borough of East Newark
elective municipal office; (ii) every candidate committee established
by or for the benefit of a candidate for Borough of East Newark elective
municipal office; (iii) every joint candidate committee established
in whole or in part by or for the benefit of a candidate for Borough
of East Newark elective municipal office; (iv) every political party
committee of the Borough of East Newark; (v) every political party
committee of the County of Hudson; and (vi) every political committee,
continuing political committee, or other form of association or organization
that regularly engages in the support of candidates for the Borough
of East Newark or County of Hudson elective offices or Borough of
East Newark or County of Hudson political parties or political party
committees. The terms in the foregoing paragraph have the meaning
prescribed in N.J.A.C. 19:25-1.7.
Shall mean all contracts for "professional services" and
"extraordinary unspecifiable services" as such term is used in N.J.S.A.
40A:11-5.
Shall have 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 in-kind contributions.
Shall mean pursuant to N.J.S.A. 19:44A-20.7, at a minimum,
that the contract shall be: publicly advertised in newspapers or on
the Internet website maintained by the public entity in sufficient
time to give notice in advance of the contract; awarded under a process
that provides for public solicitation of proposals or qualifications
and awarded and disclosed under criteria established in writing by
the public entity prior to the solicitation of proposals or qualifications;
and publicly opened and announced when awarded. The decision of a
public entity as to what constitutes a fair and open process shall
be final.
[Added 6-9-2021 by Ord.
No. 07-2021]
Shall mean pursuant to N.J.S.A. 19:44A-20.5 et seq., at a
minimum, when a contract for professional and unspecified extraordinary
services in excess of $17,500 is awarded without a "fair and open
process." For a non-fair and open contract to be awarded: (a) the
contractor may not have made a "reportable contribution" in the previous
year; (b) the contractor may not make a reportable contribution during
the term of the contract; and (c) the contractor must certify that
no reportable contributions were made during the one year preceding
the award of the contract.
[Added 6-9-2021 by Ord.
No. 07-2021]
[Ord. No. 05-11 § 1; Ord. No. 04-14]
a.
To the extent that it is not inconsistent with State and Federal law, the Borough of East Newark and any of its departments, instrumentalities or purchasing agents, except when a contract is awarded pursuant to a fair and open process as defined in § 2-45.2 above, 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" such as 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 in Borough of East Newark or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Borough of East Newark or County of Hudson political committee or political party committee, or (iii) to any continuing political committee or political action committee that regularly engages in the support of Borough of East Newark or County of Hudson elections and/or Borough of East Newark or County of Hudson candidates, candidate committees, joint candidate committees, political committees, political parties, political party committees, (hereinafter "PAC"), in excess of the thresholds specified in paragraph c within one calendar year immediately preceding the date of the contract or agreement. It is the intent of the Governing Body that this section apply to contracts awarded through a non-fair and open process.
[Amended 6-9-2021 by Ord. No. 07-2021]
b.
Except when a contract is awarded pursuant to a fair and open process as defined in § 2-45.2 above, no business entity who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement with the Borough of East Newark or any of its departments or instrumentalities, for the rendition of professional services or extraordinary unspecified services shall knowingly solicit or make any contribution, to (i) a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in Borough of East Newark, or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any Borough of East Newark or County of Hudson 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, in excess of the thresholds specified in paragraph c. It is the intent of the Governing Body that this section apply to contracts awarded through a non-fair and open process.
[Amended 6-9-2021 by Ord. No. 07-2021]
c.
For contracts awarded through a non-fair and open process, the monetary thresholds of this section 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 East Newark; (ii) $500 maximum per calendar year to a County of Hudson 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 paragraph a, or engaged in negotiations for a contract defined in paragraph b, when such business entity's contribution is aggregated with all "persons" defined in the definition of "business entity" in subsection 2-45.2 above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Borough of East Newark candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of East Newark or County of Hudson political committees and political party committees as described herein combined, without violating paragraph a of this subsection.
[Amended 6-9-2021 by Ord. No. 07-2021]
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 East Newark 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 East Newark, 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 section, if the subcontractor
would be disqualified by paragraph a from receiving the contract at
the time that the subcontract is awarded. Nor may any person who would
be disqualified by paragraph a from receiving the contract perform
substantially all of obligations described in a contract for professional
or extraordinary services that is subject to this section.
[Ord. No. 05-11 § 2]
No contribution or solicitation of contributions made prior
to the effective date of this section (adopted September 22, 2011)
shall be deemed to give rise to a violation of this section.
[Ord. No. 05-11 § 3]
No contract subject to this section may be renewed, extended,
or materially modified unless the resulting renewal, extension, or
modification would be allowable under the provisions of this section
if it were an initial contract.
[Ord. No. 05-11 § 4]
a.
Prior to awarding any contract or agreement to procure "professional services" or "extraordinary unspecified services" from any business entity through a non-fair and open process, the Borough of East Newark 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 from that he/she/it has not made a contribution in violation of subsection 2-45.3 of this section. The Borough of East Newark, its purchasing agents and departments shall be responsible for informing the Mayor and Borough Council that the aforementioned sworn statement has been received and that the business entity is not in violation of this section, prior to awarding the contract or agreement.
[Amended 6-9-2021 by Ord. No. 07-2021]
b.
A business entity shall have a continuing duty to report to the Borough
of East Newark any contributions that constitute a violation of this
section that are made during the negotiation, proposal process or
the duration of a contract. The Borough of East Newark, 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 Mayor and Borough Council meeting
following receipt of said report from the business entity, or whichever
comes first.
c.
The certification required under this subsection shall be made prior
to entry into the contract or agreement with the Borough of East Newark,
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.
[Ord. No. 05-11 § 5;
amended 6-9-2021 by Ord. No. 07-2021]
A business entity that is a party to a contract for professional services or extraordinary unspecified services pursuant to a non-fair and open process may cure a violation of subsection 2-45.3 of this section, 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 of such contribution.
[Ord. No. 05-11 § 6;
amended 6-9-2021 by Ord. No. 07-2021]
The contribution limitations prior to entering into a contract in Subsection 2-45.3a do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor 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, or (iii) informal receipt of informal quotations in excess of $17,500 and less than the bid threshold established by the Borough, or (iv) contacts awarded pursuant to a competitive process pursuant to the provisions of N.J.S.A. 40A:11-1 et seq., or (v) contracts awarded pursuant to a cooperative purchasing system pursuant to N.J.S.A. 40A:11-1 et seq., or (vi) contracts awarded pursuant to a fair and open process.
[Ord. No. 05-11 § 7]
a.
It shall be a material breach of the terms of a Borough of East Newark
agreement or contract for professional services or extraordinary unspecified
services awarded through a non-fair and open process when a business
entity that is a party to such agreement or contract has: (i) made
or solicited a contribution in violation of this section; (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 Borough of East Newark, or a holder of public office having
ultimate responsibility for the award of a contract, or any Borough
of East Newark or County of Hudson political committee or political
party committee, or any PAC; (v) engaged or employed 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 professional business entity itself, would subject
that entity to the restrictions of this section; (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 section; 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 section.
[Amended 6-9-2021 by Ord. No. 07-2021]
b.
Furthermore, any business entity that violates subsection 2-45.9a (i — viii) shall be disqualified from eligibility for future Borough of East Newark 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 section, or which conspires with another person to violate
any provision of this section, or who, with the purpose of promoting
or facilitating a violation of this section, 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 as fixed by law for violations of the ordinances
of the Borough of East Newark.
[Ord. No. 05-11 § 8]
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 section, every person aggrieved by
a violation of the section, or any taxpayer or resident of the Borough
of East Newark 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 section 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 section.
[Ord. No. 05-11 § 9]
If any provision of this section, or the application of any
such provision to any person or circumstances, shall be held invalid,
the remainder of this section 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 section are severable.
[Ord. No. 05-11 § 10]
The monetary thresholds of subsection 2-45.2, Definitions, and subsection 2-45.3c of this section shall be increased effective March 1 of each calendar year by the percentage increase, in the prior calendar year, of the consumer price index for all urban consumers (CPI-U) for the New York-Northern New Jersey-Long Island region, rounded to the nearest $10. The Clerk of the Borough of East Newark shall, by no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper.
[Ord. No. 07-11 § 1]
It is incumbent that the public receive adequate services from
the various Borough boards, committees, commissions, authorities and
other agencies. Accordingly, the Municipal Council finds that members
of such boards should be encouraged to take their service seriously
by actively participating in the discharge of their functions, and
that the establishment of a mandatory attendance policy is in furtherance
of this goal and in keeping with the public good. Pursuant to the
authority granted by N.J.S.A. 40A:9-12.1, the Municipal Council hereby
establishes the attendance policy set forth in this section.
[Ord. No. 07-11 § 2]
Any member of any municipal board, committee, commission, authority
or other agency, whose members are appointed by the Mayor, either
directly or with the consent of the Municipal Council or by the Municipal
Council, who, without being excused by a majority of the authorized
members of such body, fails to attend and participate at meetings
of such body for a period of six consecutive weeks, or for three consecutive
regular meetings, whichever shall be of longer duration, shall be
removed from his position upon notification by resolution of such
board, committee, commission, authority or other agency directed to
the appointing authority. Such removal shall be effective upon the
receipt of such resolution by the appointing authority.
[Ord. No. 07-11 § 3]
Any such board, committee, commission, authority or other agency
may refuse to excuse a member only with respect to those failures
to attend and participate which are not due to legitimate illness.
[Ord. No. 07-11 § 4]
If the appointed member who fails to attend such meetings as provided for in subsection 2-46.1 is also a member of the Municipal Council of the Borough, that member shall be subject to removal in the same manner as any other member, subject only to any statutory provision requiring that particular individual's membership on such body by virtue of his office.
[Ord. No. 08-15]
a.
All full time employees and elected public officials who receive compensation from the Borough of East Newark are mandated to have direct deposit of their compensation as of January 1, 2016 in accordance with Chapter 28 P.L. 2013 as defined under C. 52:14-15f(b).
b.
Seasonal and temporary employees who are employed by the Borough
of East Newark are exempt from the direct deposit mandate.
c.
Municipal employees may request, in writing, and exemption from the
direct deposit mandate to the Borough of East Newark, Chief Financial
Officer. Such requests will be presented to the Mayor and Borough
Council with a thirty-day period. The Mayor and Borough Council may
grant such an exemption by resolution and only for good cause.
