§ 20A-1. Prohibition on awarding public contracts to certain contributors., Chapter 20A. Contracts, Public, Code of Ordinances, Lavallette

Any other provisions of law to the contrary notwithstanding, the Borough of Lavallette shall not enter into an agreement or otherwise procure professional, banking, insurance coverage and/or any other consulting services from any professional business entity if that entity has made any contribution of money, including in-kind contributions, to any Lavallette Borough municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or officeholder, or to any Lavallette Borough party committee, or to any Ocean County party committee or to any candidate seeking the office of Ocean County Freeholder, Surrogate or Sheriff, 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 calendar year immediately preceding the date of the contract; or

No professional business entity which enters into negotiations for or agrees to any contract or agreement with the Borough of Lavallette for the rendering of professional, banking, insurance coverage or any other consulting services shall make any contribution of money, including in-kind contributions, to any Lavallette Borough municipal candidate or holder of the public office having ultimate responsibility for the award of the contract, or campaign committee supporting such candidate or officeholder, or to any Lavallette Borough or Ocean County party committee, or to any candidate seeking the office of Ocean County Freeholder, Surrogate or Sheriff, or to any political action committee (PAC) that regularly engages in the support of municipal elections and/or municipal parties. No contribution shall be made in excess of Subsection D below.

For purposes of this chapter, 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 any of the equity in the corporation or business or partnership, trust, partners and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.

Anyone meeting the definition of "professional business entity" under this section may annually contribute a maximum of $300 each for any purpose to each and every candidate for Mayor or Council, or $300 to the Lavallette Borough party committee, or $500 to an Ocean County party committee, or $500 to a single or joint campaign account for Ocean County Freeholder, or $500 to a candidate for Surrogate, or $500 to a candidate for Sheriff, or $500 to a PAC referenced in this chapter, without violating Subsection A or B of this section.

For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:

(1)

The Lavallette Borough Council and the Mayor of the Lavallette Borough, if the contract requires approval or appropriation from the Council;

(2)

The Mayor of the Borough of Lavallette, 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.

(Reserved)

Editor's Note: Former Subsection F, pertaining to time constraints on contributions, was repealed 10-16-2006 by Ord. No. 2006-23 (1011).

All provisions of § 20A-1 are subject to the provisions of § 20A-2 of this chapter below.