The Government Reform Committee, co-chaired by Russ Weiss and Marvin Reed, will advance ethics reform by contacting office holders, candidates, editorial pages, and blogs, by letter, email, phone call, or personal visit. Specific goals are:
Ordinances prohibiting pay-to-play at the local level and requiring developers to disclose campaign contributions have been proposed to the Princeton governing bodies. Princeton Township has adopted the pay-to-play ordinance. Links to draft ordinances are below.
In June, the committee adopted a resolution in support of the New Jersey Clean Elections Program and urging our local governing bodies to enact local ordinances banning pay-to-play at the local level.
The PCDO Government Ethics Committee will propose the following platform to the PCDO on April 15. Please use the comment form below to add your comments.
Promoting Higher Ethical Standards in Politics and Clean Government Reforms
Important “Clean Government” issues currently being debated at the federal, state, county, and local level that Democrats should support include:
Banning Pay-To-Play
-- limitations on awarding public contracts to political campaign contributors or requiring contractors to make contributions in order to become eligible for public contracts.
Campaign Finance Reform
-- Public financing of campaigns.
-- Limitations on size and sources of candidate contributions.
-- Limitations on “wheeling,” the covert moving of political contributions by one “power broker” to another candidate or issue campaign in order to evade campaign finance limitations.
-- Limitations on “bundling,” the collection by lobbyists for special interests to assemble a number of substantial contributions from individuals in order to influence a candidate.
-- Limitations on how close to an election advocacy groups (e.g., “527” groups) can spend money on advertising or other means in and attempt to affect the outcome of the election.
Election Integrity Reform
-- Accurate, tamper-proof machine balloting and tallying, including paper trail verification.
-- Required deployment of sufficient voting stations to ensure that voters in all election districts have an opportunity to vote without burdensome delays.
-- Improved voter registration and voter identification that does not impose discriminatory or burdensome requirements on citizens.
-- Statewide voter registration records (as required by new federal law).
Banning Conflicts of Interest
-- by office holders, staffs, and appointees.
Limiting Nepotism
-- appointment of spouses and other relatives to staffs and other positions. Exceptions should only be acceptable if relative is extraordinarily well qualified.
Banning Dual Office-Holding -- simultaneous election to more than one office at different levels of government, including the collection of multiple salaries and pensions.
Lobbyist Reform
-- registration and activity/finance reporting by government lobbyists.
-- required time gap between office holding or key staff positions and registration as lobbyist.
-- limitations on gifts and travel expense payments to officeholders, members of their staffs or government regulatory officials.
As revised, October 17, 2006
BOROUGH ORDINANCE FOR PUBLIC CONTRACTING (“PAY-TO-PLAY”) REFORM
Be it Ordained by the Princeton Borough Council, County of Mercer, and State of New Jersey, as follows.
Preamble
WHEREAS the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., permits a governing body to award professional services contracts without competitive public bidding; and
WHEREAS, pursuant to NJSA 40A: 11-5 and NJSA 40:48-2, municipalities have the right to establish rules and procedures for contracting with professional business entities,
WHEREAS, pursuant to P.L.2005, c.271, 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 holders of a contract can make during the term of a contract; and
THEREFORE, be it resolved, that the policy of the Princeton Borough Council will be to set maximum amounts that professional business entities may contribute politically beyond which they become ineligible to receive a public professional service contract from the Borough Council.
Section 1: Prohibition on Awarding Public Contracts to Certain Contributors
(a) Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies or those of its independent authorities, 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” bid process, from any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, and/or loans, to a municipal campaign committee or fund of any candidate, or holder of, a public office within Princeton Borough having ultimate responsibility for the award of the contract, or campaign committee financially supporting such candidate or officeholder, or to any Princeton Borough or Mercer County party committee, or to any political action committee (PAC) that regularly engages in the support of municipal elections and/or municipal parties in excess of the thresholds specified in subsection (d) within one (1) calendar year immediately preceding the date of the contract or agreement.
(b) No professional business entity which enters into negotiations for, or agrees to, any contract or agreement with the municipality or any department or agency thereof or of its independent authorities for the rendition of professional, banking or insurance coverage services or any other consulting services, including those awarded pursuant to a “fair and open” bid process, shall violate this section by making or soliciting any contribution of money, or pledge of a contribution, including in-kind contributions, or loans, to a municipal campaign committee or fund of any candidate for, or holder of, a Princeton Borough public office having ultimate responsibility for the award of the contract, or campaign committee financially supporting such candidate or officeholder, or to any political action committee (PAC) that engages in the support of municipal elections and/or municipal parties, or to any Princeton Borough municipal or Mercer County party committee, between the time of first communications between that business entity and the Borough regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
(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) An individual meeting the definition of “professional business entity” under this section may annually contribute during the twelve month period prior to local government contract negotiations a maximum of $300 each for a municipal campaign committee or fund of any candidate, or holder of, the Princeton Borough public office having the ultimate responsibility for the award of a professional services contract, and a maximum of $300 to any Princeton Borough municipal Mercer County party committee. However, any group of individuals meeting the definition of “professional business entity” under this section, including such principals, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $2,500 to a municipal campaign committee or fund of all Princeton Borough candidates, Princeton Borough municipal and/or Mercer County political parties, and PACs referenced in this ordinance combined, during the twelve month period prior to local government contract negotiations.
(e) “Professional services” shall have the same meaning as set forth in the Local Public Contracts Act, N.J.S.A. 40A-11-1 et seq.
(f) The limitations set forth in (d) above shall not apply in the event the subject contract is offered to the lowest responsible bidder after public advertising for bids and quotes, pursuant to the competitive contracting requirements of the Local Public Contracts Act, N.J.S.A. 40A-11-1 et seq.
Section 2: Contributions Made Prior to the Effective Date
No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any municipal candidate for Borough Council or office holder, or any Princeton Borough municipal or Mercer County party committee or PAC referenced in this ordinance shall be deemed a violation of this section, 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 section.
Section 3: Contribution and Disclosure Statement by Professional Business Entity
(a) Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional business entity, the Borough or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the professional business entity has not made a contribution in excess of the limits contained in Section 1 (d), or in violation of the time period and recipients specified in Section 1 (a) and (b).
(b) The professional business entity shall have a continuing duty to report any violations of this ordinance that may occur during the negotiation or duration of a professional services contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the Borough and shall be in addition to any other certifications that may be required by any other provision of law.
(c) The professional business entity shall append a “Contribution Disclosure Statement” to its sworn certification, which statement shall be a list specifying the amount, date, and the recipient of any and all contributions reportable under N.J.S.A. 19:44A-1 et seq., made by the entity and its principals to or on behalf of any candidate, candidate committee, joint candidates committee, continuing political committee, or political party committee of, or within Mercer County for the time period reference in Section 2 above. The professional business entity shall have a continuing duty to update said statement during the course of negotiations and/or contract performance, as the case may be. No contract shall issue if the entity has failed to submit a Contribution Disclosure Statement.
Section 4: Return of Excess Contributions
A professional business entity or Borough candidate or officeholder or municipal or county party committee or PAC referenced in this ordinance may cure a contribution which violates Section 1 (b) or is in excess of the limits contained in Section 1(d), if, within thirty (30) days after the general election following any such contribution, or upon written notice of violation from the Borough, whichever occurs sooner, the professional business entity notifies the Borough Council in writing and seeks and receives reimbursement of a contribution from the municipal committee or fund of a Princeton Borough candidate or office holder, or any Princeton Borough municipal or Mercer county political party or PAC referenced in this ordinance.
Section 5: Penalty
(a) All Princeton Borough professional services contracts shall provide that it shall be a breach of the terms of the contract for a professional 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 contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, or the intended beneficiary; (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 Princeton Borough; (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 if 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.
(b) Any professional business entity who violates (a) ii-viii shall be disqualified from eligibility for future Princeton Borough contracts for a period of four calendar years from the date of the violation.
(c) It shall be a rebuttable presumption that failure to disclose a contribution made in violation of this article is a knowing and intentional act.
Section 6. Severability and Effectiveness Clause:
(a) If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, invalid, or unenforceable by a court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance.
(b) And any ordinance inconsistent with the terms of this ordinance is hereby repealed to the extent of such inconsistency.
Section 7. Effective Date:
This ordinance shall become effective on _________________________.
____________________________
Mayor
____________________________
Municipal Clerk
Introduced:
Adopted:
Veto or Approval:
Final Publication:
BOROUGH ORDINANCE REQUIRING
CONTRIBUTION DISCLOSURE STATEMENTS
IN DEVELOPMENT APPLICATIONS
Be it Ordained by the Mayor and Council of the Borough of Princeton, County
of Mercer, and State of New Jersey as follows:
Section 1. Short Title:
Contribution Disclosure Ordinance
Section 2. Purpose:
WHEREAS municipal Master Plans include well thought out, long-term decisions about the development capacity of community; and
WHEREAS municipal Master Plans are implemented through the enactment of local land use ordinances; and
WHEREAS deviations from these local ordinances by way of variances pursuant to N.J.S.A. 40:55D-70d and N.J.S.A. 40:55D-70c, exceptions and waivers pursuant to N.J.S.A. 40:55D-51 provide opportunities for significant private gain; and
WHEREAS openness in government and a fair and impartial variance, waiver and exception and planned development application process is crucial to assuring the continuing integrity of the municipal Master Plan, its implementing ordinances and the integrity of the variance application process; and
WHEREAS disclosure of political contributions by property owners, developers and professionals will enhance the township’s existing commitment to openness in government and provide further guarantees for a fair and impartial variance, waiver and exception application process; and
WHEREAS disclosure of political contributions by property owners, developers and professionals will effectuate the purposes of the Municipal Land Use Law to promote morals and the general welfare;
THEREFORE, it is accordingly found and determined that the paramount public interest in enhancing the borough’s commitment to openness in government, in providing further guarantees for a fair and impartial variance, waiver and exception application process, and in promoting morals and the general welfare through the integrity of the municipal planning process requires the supplementation of the municipal application checklist to mandate the listing of specified political contributions made by property owners, developers and the professionals whose services they use in applications for major variances, waivers and exceptions.
Section 3. Definitions:
a. Application Checklist – The term “Application Checklist” means the list of submission requirements adopted by ordinance and provided by the municipal agency to a developer pursuant to N.J.S.A. 40:55D-10.3.
b. Developer – The term “Developer” means a developer as defined by N.J.S.A. 40:55D-4, i.e. the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
c. Professional – The term “Professional” means any person or entity whose principals are required to be licensed by New Jersey Law and who supplies legal representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which said individuals practice.
d. Contribution – The term “Contribution” means every loan, gift, subscription, advance or transfer of money or other thing of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidates committee, political
committee, continuing political committee or political party committee and any pledge, promise or other commitment or assumption of liability to make such transfer. For purposes of reports required under the provisions of the ordinance, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed.
e. Contribution Disclosure Statement – The term “Contribution Disclosure Statement” means a list specifying the amount, date, and the recipient of any and all Contributions made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee of, or pertaining to, this municipality, made up to
one year prior to filing the variance application and/or during the pendency of the application process, and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq.
Section 4. General Provisions:
a. Disclosure Requirements
i. Any applicant for a variance pursuant to N.J.S.A. 40:55D-70(d) or a variance pursuant to N.J.S.A. 40:55D-70c in conjunction with any application for a subdivision not considered a minor subdivision pursuant to local ordinance or a site plan not considered a minor site plan pursuant to local ordinance as well as any application for a subdivision not considered a minor subdivision pursuant to local ordinance or site plan not considered a minor site plan pursuant to local ordinance requiring waivers or exceptions pursuant to N.J.S.A. 40:55D-51 shall include in the application Contribution Disclosure Statements for all Developers; all associates of said Developers who would be subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2; and all Professionals who apply for or provide testimony, plans, or reports in support of said variance and who have an enforceable proprietary interest in the property or development which is the subject of the application or whose fee in whole or part is contingent upon the outcome of the application. Regardless of whether the owner of the property which is the subject of the variance application falls in any of the categories established in the preceding sentence, the applicant shall include in the application a Contribution Disclosure Statement for said owner.
ii. During the pendency of the application process until final site plan approval is granted, any applicant required to comply with this ordinance shall amend its Contribution Disclosure Statements to include continuing disclosure of all Contributions within the scope of disclosure requirement of the above paragraph.
b. Inclusion of Contribution Disclosure Statements as an Element of the Application Checklist
i. An Application Checklist ordinance is hereby adopted pursuant to N.J.S.A. 40:55D-10.3 to require that the Contribution Disclosure Statements specified in paragraph “a” of this section be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
ii. The municipal planning board and board of adjustment shall amend its Application Checklist for variances pursuant to N.J.S.A. 40:55D-70(d) as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance to include the Contribution Disclosure Statements specified in paragraph “a” of this section.
iii. An application shall not be deemed complete by the administrative official or accepted for public hearing by the Municipal Agency until the required Contribution Disclosure Statements are submitted.
c. Availability of the Disclosure Statement
All Contribution Disclosure Statements shall be available in the office of the administrative officer for review by any member of the public.
d. Intent of the Disclosure Statement
It is the intent of this ordinance that the Disclosure Statement shall serve to inform the public and not serve as evidence relevant to the decision criteria for variance applications pursuant to N.J.S.A. 40:55D-70(d) as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
Section 5. Severability and Effectiveness Clause:
If any sentence, paragraph or section of this ordinance, or the application thereof to any persons or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any sentence, paragraph or section of this ordinance shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of this ordinance.
Section 6. Effective Date:
This ordinance shall become effective on _________________________.
___________________________
Mayor
____________________________
Municipal Clerk
Introduced:
Adopted:
Veto or Approval:
Final Publication:
DRAFT TOWNSHIP ORDINANCE FOR PUBLIC CONTRACTING (“PAY-TO-PLAY”) REFORM
Be it Ordained by the Princeton Township Committee, County of Mercer, and State of New Jersey, as follows.
Preamble
WHEREAS the New Jersey Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., permits a governing body to award professional services contracts without competitive public bidding; and
WHEREAS, pursuant to NJSA 40A: 11-5 and NJSA 40:48-2, municipalities have the right to establish rules and procedures for contracting with professional business entities, and
WHEREAS, pursuant to P.L.2005, c.271, 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 holders of a contract can make during the term of a contract; now
THEREFORE, be it resolved, that the policy of the Princeton Township Committee will be to set maximum amounts that professional business entities may contribute politically beyond which they become ineligible to receive a public professional service contract from the Township Committee.
Section 1: Prohibition on Awarding Public Contracts to Certain Contributors
(a) Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies or those of its independent authorities, 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” bid process, from any professional business entity, if that entity has solicited or made any contribution of money, or pledge of a contribution, including in-kind contributions, and/or loans, to a municipal campaign committee or fund of any candidate, or holder of, a public office within Princeton Township having ultimate responsibility for the award of the contract, or campaign committee financially supporting such candidate or officeholder, or to any Princeton Township or Mercer County party committee, or to any political action committee (PAC) that regularly engages in the support of municipal elections and/or municipal parties in excess of the thresholds specified in subsection (d) within one (1) calendar year immediately preceding the date of the contract or agreement.
(b) No professional business entity which enters into negotiations for, or agrees to, any contract or agreement with the municipality or any department or agency thereof or of its independent authorities for the rendition of professional, banking or insurance coverage services or any other consulting services, including those awarded pursuant to a “fair and open” bid process, shall violate this section by making or soliciting any contribution of money, or pledge of a contribution, including in-kind contributions, or loans, to a municipal campaign committee or fund of any candidate for, or holder of, a Princeton Township public office having ultimate responsibility for the award of the contract, or campaign committee financially supporting such candidate or officeholder, or to any political action committee (PAC) that engages in the support of municipal elections and/or municipal parties, or to any Princeton Township municipal or Mercer County party committee, between the time of first communications between that business entity and the Township regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
(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) An individual meeting the definition of “professional business entity” under this section may annually contribute during the twelve month period prior to local government contract negotiations a maximum of $300 each for a municipal campaign committee or fund of any candidate, or holder of, the Princeton Township public office having the ultimate responsibility for the award of a professional services contract, and a maximum of $300 to any Princeton Township municipal Mercer County party committee. However, any group of individuals meeting the definition of “professional business entity” under this section, including such principals, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of $2,500 to a municipal campaign committee or fund of all Princeton Township candidates, Princeton Township municipal and/or Mercer County political parties, and PACs referenced in this ordinance combined, during the twelve month period prior to local government contract negotiations.
(e) “Professional services” shall have the same meaning as set forth in the Local Public Contracts Act, N.J.S.A. 40A-11-1 et seq.
(f) The limitations set forth in (d) above shall not apply in the event the subject contract is offered to the lowest responsible bidder after public advertising for bids and quotes, pursuant to the competitive contracting requirements of the Local Public Contracts Act, N.J.S.A. 40A-11-1 et seq.
Section 2: Contributions Made Prior to the Effective Date
No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any municipal candidate for Township Committee or office holder, or any Princeton Township municipal or Mercer County party committee or PAC referenced in this ordinance shall be deemed a violation of this section, 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 section.
Section 3: Contribution and Disclosure Statement by Professional Business Entity
(a) Prior to awarding any contract or agreement to procure services, including banking or insurance coverage services, with any professional business entity, the Township or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the professional business entity has not made a contribution in excess of the limits contained in Section 1 (d), or in violation of the time period and recipients specified in Section 1 (a) and (b).
(b) The professional business entity shall have a continuing duty to report any violations of this ordinance that may occur during the negotiation or duration of a professional services contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the township and shall be in addition to any other certifications that may be required by any other provision of law.
(c) The professional business entity shall append a “Contribution Disclosure Statement” to its sworn certification, which statement shall be a list specifying the amount, date, and the recipient of any and all contributions reportable under N.J.S.A. 19:44A-1 et seq., made by the entity and its principals to or on behalf of any candidate, candidate committee, joint candidates committee, continuing political committee, or political party committee of, or within Mercer County for the time period reference in Section 2 above. The professional business entity shall have a continuing duty to update said statement during the course of negotiations and/or contract performance, as the case may be. No contract shall issue if the entity has failed to submit a Contribution Disclosure Statement.
Section 4: Return of Excess Contributions
A professional business entity or township candidate or officeholder or municipal or county party committee or PAC referenced in this ordinance may cure a contribution which violates Section 1 (b) or is in excess of the limits contained in Section 1(d), if, within thirty (30) days after the general election following any such contribution, or upon written notice of violation from the Township, whichever occurs sooner, the professional business entity notifies the Township Committee in writing and seeks and receives reimbursement of a contribution from the municipal committee or fund of a Princeton Township candidate or office holder, or any Princeton Township municipal or Mercer county political party or PAC referenced in this ordinance.
Section 5: Penalty
(a) All Princeton Township professional services contracts shall provide that it shall be a breach of the terms of the contract for a professional 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 contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, or the intended beneficiary; (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 Princeton Township; (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 if 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.
(b) Any professional business entity who violates (a) ii-viii shall be disqualified from eligibility for future Princeton Township contracts for a period of four calendar years from the date of the violation.
(c) It shall be a rebuttable presumption that failure to disclose a contribution made in violation of this article is a knowing and intentional act.
Section 6. Severability and Effectiveness Clause:
(a) If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, invalid, or unenforceable by a court of competent jurisdiction, such decision shall not affect the remaining portions of this ordinance.
(b) And any ordinance inconsistent with the terms of this ordinance is hereby repealed to the extent of such inconsistency.
Section 7. Effective Date:
This ordinance shall become effective on _________________________.
____________________________
Mayor
____________________________
Municipal Clerk
Introduced:
Adopted:
Veto or Approval:
Final Publication:
TOWNSHIP ORDINANCE REQUIRING
CONTRIBUTION DISCLOSURE STATEMENTS
IN DEVELOPMENT APPLICATIONS
Be it ordained by the Township Committee of the Township of Princeton, County
of Mercer, and State of New Jersey as follows:
Section 1. Short Title:
Contribution Disclosure Ordinance
Section 2. Purpose:
WHEREAS municipal Master Plans include well thought out, long-term decisions about the development capacity of community; and
WHEREAS municipal Master Plans are implemented through the enactment of local land use ordinances; and
WHEREAS deviations from these local ordinances by way of variances pursuant to N.J.S.A. 40:55D-70d and N.J.S.A. 40:55D-70c, exceptions and waivers pursuant to N.J.S.A. 40:55D-51 provide opportunities for significant private gain; and
WHEREAS openness in government and a fair and impartial variance, waiver and exception and planned development application process is crucial to assuring the continuing integrity of the municipal Master Plan, its implementing ordinances and the integrity of the variance application process; and
WHEREAS disclosure of political contributions by property owners, developers and professionals will enhance the township’s existing commitment to openness in government and provide further guarantees for a fair and impartial variance, waiver and exception application process; and
WHEREAS disclosure of political contributions by property owners, developers and professionals will effectuate the purposes of the Municipal Land Use Law to promote morals and the general welfare;
THEREFORE, it is accordingly found and determined that the paramount public interest in enhancing the township’s commitment to openness in government, in providing further guarantees for a fair and impartial variance, waiver and exception application process, and in promoting morals and the general welfare through the integrity of the municipal planning process requires the supplementation of the municipal application checklist to mandate the listing of specified political contributions made by property owners, developers and the professionals whose services they use in applications for major variances, waivers and exceptions.
Section 3. Definitions:
a. Application Checklist – The term “Application Checklist” means the list of submission requirements adopted by ordinance and provided by the municipal agency to a developer pursuant to N.J.S.A. 40:55D-10.3.
b. Developer – The term “Developer” means a developer as defined by N.J.S.A. 40:55D-4, i.e. the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
c. Professional – The term “Professional” means any person or entity whose principals are required to be licensed by New Jersey Law and who supplies legal representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which said individuals practice.
d. Contribution – The term “Contribution” means every loan, gift, subscription, advance or transfer of money or other thing of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidates committee, political
committee, continuing political committee or political party committee and any pledge, promise or other commitment or assumption of liability to make such transfer. For purposes of reports required under the provisions of the ordinance, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed.
e. Contribution Disclosure Statement – The term “Contribution Disclosure Statement” means a list specifying the amount, date, and the recipient of any and all Contributions made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee of, or pertaining to, this municipality, made up to
one year prior to filing the variance application and/or during the pendency of the application process, and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq.
Section 4. General Provisions:
a. Disclosure Requirements
i. Any applicant for a variance pursuant to N.J.S.A. 40:55D-70(d) or a variance pursuant to N.J.S.A. 40:55D-70c in conjunction with any application for a subdivision not considered a minor subdivision pursuant to local ordinance or a site plan not considered a minor site plan pursuant to local ordinance as well as any application for a subdivision not considered a minor subdivision pursuant to local ordinance or site plan not considered a minor site plan pursuant to local ordinance requiring waivers or exceptions pursuant to N.J.S.A. 40:55D-51 shall include in the application Contribution Disclosure Statements for all Developers; all associates of said Developers who would be subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2; and all Professionals who apply for or provide testimony, plans, or reports in support of said variance and who have an enforceable proprietary interest in the property or development which is the subject of the application or whose fee in whole or part is contingent upon the outcome of the application. Regardless of whether the owner of the property which is the subject of the variance application falls in any of the categories established in the preceding sentence, the applicant shall include in the application a Contribution Disclosure Statement for said owner.
ii. During the pendency of the application process until final site plan approval is granted, any applicant required to comply with this ordinance shall amend its Contribution Disclosure Statements to include continuing disclosure of all Contributions within the scope of disclosure requirement of the above paragraph.
b. Inclusion of Contribution Disclosure Statements as an Element of the Application Checklist
i. An Application Checklist ordinance is hereby adopted pursuant to N.J.S.A. 40:55D-10.3 to require that the Contribution Disclosure Statements specified in paragraph “a” of this section be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
ii. The municipal planning board and board of adjustment shall amend its Application Checklist for variances pursuant to N.J.S.A. 40:55D-70(d) as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance to include the Contribution Disclosure Statements specified in paragraph “a” of this section.
iii. An application shall not be deemed complete by the administrative official or accepted for public hearing by the Municipal Agency until the required Contribution Disclosure Statements are submitted.
c. Availability of the Disclosure Statement
All Contribution Disclosure Statements shall be available in the office of the administrative officer for review by any member of the public.
d. Intent of the Disclosure Statement
It is the intent of this ordinance that the Disclosure Statement shall serve to inform the public and not serve as evidence relevant to the decision criteria for variance applications pursuant to N.J.S.A. 40:55D-70(d) as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
Section 5. Severability and Effectiveness Clause:
If any sentence, paragraph or section of this ordinance, or the application thereof to any persons or circumstances shall be adjudged by a court of competent jurisdiction to be invalid, or if by legislative action any sentence, paragraph or section of this ordinance shall lose its force and effect, such judgment or action shall not affect, impair or void the remainder of this ordinance.
Section 6. Effective Date:
This ordinance shall become effective on _________________________.
___________________________
Mayor
____________________________
Municipal Clerk
Introduced:
Adopted:
Veto or Approval:
Final Publication:
Related Links:
The PCDO Government Ethics committee strongly supports public campaign financing as the single most direct and effective way to address the problem of political corruption in New Jersey.
In 2005, two New Jersey legislative districts took part in a pilot project for public financing of elections. The New Jersey Citizens' Clean Elections Commission, which was created by the New Jersey Legislature to review the pilot program and produce a report, recommends adjusting eligibility requirements and expanding the program. This would make it easier for candidates to qualify for public financing and would expand the number of participating districts from two to six for the 2007 elections.
Therefore the Government Ethics committee proposed a resolution that was approved by the membership. For more information about this resolution or the Government Ethics Committee, contact Co-Chairs Russ Weiss, phone 683-1379 or Marvin Reed, phone 921-1470.
The Princeton Community Democratic Organization commends the efforts of the New Jersey Legislature and the Governor to reduce corruption in our government by creating a pilot project for public financing of elections. For too long the image of New Jersey has been tarnished by the corrosive effect of special interest money seeking influence on government decisions. Public campaign financing is the single most direct and effective way to deal with this problem. Therefore, it is the view of the PCDO that the New Jersey Citizens' Clean Elections Commission's Final Report of May 8, 2006 should be given priority attention by the state legislature and the Governor. The PCDO supports the expansion of the project as an important milestone on the road to clean elections and clean government in New Jersey.
Additionally, the PCDO urges the governing bodies of Princeton Borough and Princeton Township ban “pay-to-play” campaign contributions at the local level.
Relevant links:
Press release from May 06 on Clean Elections Report