[HISTORY: Adopted by the Mayor and Council of the Borough of Dunellen as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-19-2011 by Ord. No. 2011-07]
As used in this article, the following terms shall have the meanings indicated:
BUSINESS ENTITY
Whose contributions are regulated by this article means:
A. 
An individual, including the individual's spouse and any child/children;
B. 
A firm; corporation; professional corporation; partnership; limited liability company; organization; association; and any other manner and kind of business entity;
C. 
Any person who owns 10% or more of the equity or ownership or income interests in a person or entity as defined in Subsections A and B above and their spouses and child/children;
D. 
All partners or officers of such an entity, in the aggregate, and their spouses and child/children;
E. 
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 Subsection A 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 article; and
F. 
All persons who are an "affiliate" of a business entity as defined in Subsections A, B and E above, as such term is used in 11 U.S.C.A. § 101(2).
CAMPAIGN COMMITTEE
A. 
Every candidate for Borough of Dunellen elective municipal office;
B. 
Every candidate committee established by or for the benefit of a candidate for Borough of Dunellen elective municipal office;
C. 
Every joint candidate committee established in whole or in part by or for the benefit of a candidate for Borough of Dunellen elective municipal office;
D. 
Every political party committee of the Borough of Dunellen;
E. 
Every political party committee of the County of Middlesex; and
F. 
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 Dunellen municipal or County of Middlesex elective offices or Borough of Dunellen municipal or County of Middlesex political parties or political party committees. The terms in the foregoing subsection have the meaning prescribed in N.J.A.C. 19:25-1.7.
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.
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 in-kind contributions.
A. 
To the extent that it is not inconsistent with state or federal law, the Borough of Dunellen 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:
(1) 
A candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in the Borough of Dunellen or a holder of public office having ultimate responsibility for the award of a contract; or
(2) 
To any Borough of Dunellen or County of Middlesex political committee or political party committee; or
(3) 
To any continuing political committee or political action committee that regularly engages in the support of Borough of Dunellen municipal or County of Middlesex elections and/or Borough of Dunellen municipal or County of Middlesex 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, or agrees to any contract or agreement with the Borough of Dunellen 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:
(1) 
A candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in the Borough of Dunellen, or a holder of public office having ultimate responsibility for the award of a contract; or
(2) 
To any Borough of Dunellen or County of Middlesex political committee or political party committee; or
(3) 
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. 
Monetary threshold.
[Amended 9-19-2016 by Ord. No. 2016-15]
(1) 
The monetary thresholds of this article are:
(a) 
A maximum of $275 per calendar year each for any purpose to any candidate or candidate committee for Mayor or governing body, or $450 per calendar year to any joint candidates committee for Mayor or governing body, or $275 per calendar year to a political committee or political party committee of the Borough of Dunellen;
(b) 
$500 maximum per calendar year to a County of Middlesex political committee or political party committee; and
(c) 
$450 maximum per calendar year to any PAC.
(2) 
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 Subsection D of the definition of "business entity," § 10-1 above, by virtue of their affiliation to that business entity party, a maximum of $2,500 to all Borough of Dunellen candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all Borough of Dunellen or County of Middlesex political committees and political party 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:
(1) 
The Borough of Dunellen Mayor or governing body, if the contract requires approval or appropriation from the Mayor or governing body; or
(2) 
The Mayor of the Borough of Dunellen, 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 article, 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 obligations described in a contract for professional or extraordinary services that is subject to this article.
No contribution or solicitation of contributions made prior to the effective date of this article shall be deemed to give rise to a violation of this article.
No contract subject to this article may be renewed, extended, or materially modified unless the resulting renewal, extension, or modification would be allowable under the provisions of this article 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 Dunellen 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 § 10-2 of this article. The Borough of Dunellen, its purchasing agents and departments shall be responsible for informing the Borough Council that the aforementioned sworn statement has been received and that the business entity is not in violation of this article, prior to awarding the contract or agreement.
B. 
A business entity shall have a continuing duty to report to the Borough of Dunellen any contributions that constitute a violation of this act that are made during the negotiation, proposal process or the duration of a contract. The Borough of Dunellen, 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 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 Dunellen, 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 § 10-2 of this article, 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.
A. 
The contribution limitations prior to entering into a contract in § 10-2A do not apply to contracts which:
(1) 
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
(2) 
Are awarded in the case of emergency under N.J.S.A. 40A:11-6.
B. 
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 Dunellen agreement or contract for professional services or extraordinary unspecified services when a business entity that is a party to such agreement or contract has:
(1) 
Made or solicited a contribution in violation of this article;
(2) 
Knowingly concealed or misrepresented a contribution given or received;
(3) 
Made or solicited contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;
(4) 
Made or solicited any contribution on the condition or with the agreement that it will be re-contributed to a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in the Borough of Dunellen, or a holder of public office having ultimate responsibility for the award of a contract, or any Borough of Dunellen or County of Middlesex political committee or political party committee, or any PAC;
(5) 
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 article;
(6) 
Funded contributions made by third parties, including consultants, attorneys, family members, and employees;
(7) 
Engaged in any exchange of contributions to circumvent the intent of this article; or
(8) 
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 article.
B. 
Furthermore, any business entity that violates § 10-8A shall be disqualified from eligibility for future Borough of Dunellen 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 article, or who conspires with another person to violate any provision of this article, or who, with the purpose of promoting or facilitating a violation of this article, 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 Dunellen.
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 article, every person aggrieved by a violation of the article, or any taxpayer or resident of the Borough of Dunellen 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 article 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 article.
If any provision of this article, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this article 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 article are severable.
The monetary thresholds of § 10-1, Definitions, "business entity, and § 10-2C of this article 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 Dunellen 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.
All ordinances or parts of ordinances which are inconsistent with any provisions of this article are hereby repealed as to the extent of such inconsistencies.
This article shall become effective 20 days following the final adoption thereof by the Borough Council of the Borough of Dunellen and shall be published as required by law.