Resolutions - Jersey City

1 (9/1/2009) Aida Sanchez - C.271, Jersey City OEM.pdf Page 1L ï;l '~l JlP~Mr.nriifAir, (~PN1JltmUJlJ¡~.~N 11~~StirJ~Sm~):I: Ji,'(mIVJ(C (\J) II 'I)'û:n;¡ (~'û:ll¡) fi' ~ f(ii â:~ 'û:íl)llG'ûj ~¡) lin ~:~BU5ine:;s el1ities (eontrlciois) n:ceivingcontracts lì'oni a pulilie a~,~ncy thai arc NOT awarded pursuiiii 10a "liiir and open" process (ddined al N.J.S,A. 19:HA-20.7) are subjeciio the provisions olP.L. 2005. c.271, s.2 (NJ.S.A. 19:44A-20.26). This law provides thai 10 days prior 10 the award of such a contract, theconrractor shall disclose contrihutions to:any State. county, or municipal coinmillee of a political pariyany legislative leadership commiiiee'any coiiiinuing political commiitee (a.k.a.. political actioii comiiiiiee)any candidate committee of a candidate for, or holder ot~ an elective oîtce:o of the public entity awarding the contracto of ihai county in which thai public eniity is locatedo ofanothcr public entity within that countyo or of a legislative district in which that public eniity is localed or. when thepublic entity is a county, of any legislative dislrict which includes all or paitof ihe comityThe disclosure Ilust list repoitable contributions to any of the committees that exceed $300 pel' electioncycle that were made durin~ the 12 months prior to award of the contract. See .!'U~S.I\~ 19:44A-8 and¡ 9:44A-16 for more details on reportable contributions.N.J.S.A. i 9:44A-20.26 itemizes the parties from whom cOllributions llust be disclosed when a businessentity is nol a natlnil person. This includes thelòllowing:individuals with an "interest" ownership or control ofmore than 10% of the profits or assetsoia business emiiy or 10% ofihe stock in ihe case ora business enli(y that is a corporationfor proJitthe b\isincss cmity 01' their spousesany suhsidiaries directly 01' indircctly controllcd by the husiness eniityIRS Code Scction 527 New .Ierse\' hased organizations. dircetl\' or indirectl\' controlled byo all principals, partncrs. oflcers, or directors of(he business eutity and tiling as c~ntìiiiiiig j;olitical conuiiittee's. (l'ACs). . .When thc business entity is a natlral pNson;"a coniribntion by that person's spouse or child, residingtherewith. shall be deemed to be a contribution by the business entity." IN.J.S.A. 19:44A-20.26(b)) Thecoiiributor mnst be listed on the disclosure.i\ny business entity that lails 10 comply with Ihe disclosure provisions shall be su~iect to a tine imposedby ELEC in an amount to be delennined by thc Commission which may be based upon the amount thatthe business entity tàilcd to repolt.The enclosed lis! of agencies is provided to assist the contractor in identi(ving those puhlic agencies whoseelcctcd otlcial andlor candidate campaign coiimittees arc affected by the disclosure requirement. It is theeontractor's responsibilty to identify the specific committees to which contribntions may have been madeand need to be disclosed. The disclosed information may exceed the minimum requiremeni.The enclosed torm, a content-consistent tàcsimile, or an electronic data file coiiaining the required details(along with a signed cover sheet) may be used as the contractor's siibmissiòn and is disclosable to theptiblic under the Open Public Records Act.Tliecontractor iiust also complete úie attached Stockholder Disclosure Certification. This will assistagency in meeting its oqligations under the law. NOTE: This section does not :i(lply to Bounl ofEdueution coiitructs.. NJ.S.A. 19:4-1A-3(s): "The tel111 "legislatÏ\'e leadership committee" iiieaus a eomUlittee established, authorized toÌJe established, or designated by the Presideiit the of Senate, the Minority Leader of the Seuate. ihe SpeakèroftiieGenual Assembly or lhe l"linOlity Leader olthe General Assembly pursuaniio section 16 of P.L.1993; 1..65(C. ¡ 9:44.'-1 0.1) for the Jlurpose of receh'ing contributions and making expendiiires."the