Council expected to act on limiting contributions
Ordinance places restrictions on practice known as 'wheeling'
BY REBECCA MORTON Staff Writer

MARLBORO - At its meeting on Sept. 20 the Township Council is expected to vote on the passage of what council President Jeff Cantor described as one of the toughest pay-to-play laws in New Jersey.

The law was introduced on Sept. 6.

Pay-to-play is the phrase that has come to describe donations that are made by campaign contributors, oftentimes professionals such as legal or engineering firms, with the hope or expectation of receiving public contacts following the election of the person to whom they have made the donation.

Councilman Joseph Pernice noted how in 2004 he and Councilwoman Patricia Morelli helped to amend Marlboro's pay-to-play law. He said they put teeth into the ordinance. Pernice continued by saying the council has to keep stepping it up.

"Now it has bite," Pernice said.

The ordinance to be considered this week states that in the absence of the state adopting comprehensive pay-toplay reform with anti-wheeling protection, and due to a history of contributions made to candidates for township office by entities from outside Marlboro, the council wishes to establish a policy which will avoid the perception on improper influence in awarding government contracts.

Wheeling is a term that has come to describe the practice of having a third party make a contribution to a candidate in an attempt to hide the true source of the contribution (i.e., a builder does not want to be linked directly to a campaign, but wants to make a donation. The builder donates money to a political organization in another county. That political organization donates the same amount of money to the candidate. The builder's donation has been "wheeled" into the campaign, but the builder is not directly linked to the candidate).

The ordinance to be considered by the council states that as a result of elected and appointed officials in Marlboro having pleaded guilty and having been found guilty in connection with receiving unlawful payments from developers there is a concern on the part of residents.

Officials will be creating a regulation which states that any entity or individual who is seeking to enter into a developer's agreement and who makes political contributions to Marlboro's elected officials or candidates will be ineligible to enter into those agreements.

The law will now read that Marlboro will not enter into any agreements or contracts from any business entity if any persons within that entity has made contributions or pledges of contributions in excess of specified amounts within one calendar year.

A maximum of $300 each may be contributed annually for any purpose or any candidate.

However, any group of individuals deemed a business entity (principals, partners and officers included) may not contribute more than $2,500 for any purpose to all Marlboro candidates and officeholders with ultimate responsibility for the award of the contract.

Contributions that have been made prior to the effective date of the ordinance will not be considered violation.

If a contract is being sought the business entity will have to file a public disclosure statement along with the proposal. These must be filed no later than 10 days prior to the award of the contract. The disclosure statement will be for public review at the purchasing department.

On the disclosure statement will be a list of all reportable political contributions by the business to any state, township or municipal committee, any legislative leadership committee, or any candidate committee of a candidate seeking an elective office of Marlboro, or of a legislative district which includes all or part of Marlboro.

The business entity will be required to state that it has not made a contribution in violation of the ordinance under the penalty of perjury.

With the addition of the anti-wheeling restrictions no committee for any candidate for a Marlboro office will be permitted to accept a contribution from a township committee of a political party, other than the township committee of the township in which the candidate or candidates reside in excess of $1,000 per election.

No candidate committee for a Marlboro office will be permitted to accept a contribution from a county political party in excess of $1,000 per election. And, no township candidate will be permitted to accept a contribution from a state political party or a legislative leadership committee in excess of $1,000 per election.

The penalty for candidates and their committees who take contributions beyond the $1,000 will be subject to a fine not exceeding $2,000 per violation.

Councilwoman Rosa Tragni said these amendments will show that Marlboro is not for sale. She said the council must protect the town no matter which way the election goes.

In Marlboro this year, the mayor's seat and two council seats will be on the ballot in the Nov. 6 election. At present, the mayor and all five members of the council are Republicans.