‘Pay-to-play’ prohibitions

now law in Freehold Twp.

By linda denicola

Staff Writer

FREEHOLD TOWNSHIP — A revision to the township’s personnel ordinance that sets the maximum amounts that professional business entities can contribute politically and places new restrictions on the awarding of professional contracts has been adopted by the Township Committee.

The relationship of political contributions and the awarding of professional services contracts by government bodies is sometimes referred to as "pay to play."

The initiative, introduced at the committee’s April 22 meeting, was approved by a 4-0 vote on May 13. Mayor Raymond Kershaw, Deputy Mayor Anthony Ammiano, Committeewoman Dorothy Avallone and Committeeman Eugene Golub voted for the measure. Committeeman David Salkin was not present.

Kershaw said township officials believe the tighter restriction on professionals’ donations to candidates is very important.

"We’re the only municipality in the county that has done this. It removes any perception of being influenced by prospective organizations or contractors.

"If they donate over $400 they can’t do work in Freehold Township. You can’t restrict people from donating, but what we can do is ask people that we award contracts to if they have made a donation and for how much. If they have donated over $400 they can’t do work in the township for two years," he said.

The ordinance requires four votes of the five-member committee in order to be re­pealed and added an additional year, from one to two, to the number of years that a professional services contractor would be disqualified from doing work for the mu­nicipality if they violated the provisions of the law.

The Township Committee also ex­panded the definition of professional ser­vices to include political action committee contributions and added that contributions to the county are acceptable as long as no similar contribution comes to the township from the county political organization.

Kershaw said the bottom line is, "Everyone that we contract with ought to be the best."

According to the ordinance, "Any indi­vidual meeting the definition of ‘professional business entity’ under this subsection may annually contribute a max­imum of $400 each for any purpose to any candidate for Township Committee or $500 to any municipal party committee [or] county party committee or political action committee without violating para­graph a. of this subsection.

"However, any group of individuals meeting the definition of ‘professional business entity’ under this subsection, in­cluding such principals, partners and offi­cer of the entity in the aggregate, may not annually contribute for any purpose in ex­cess of $2,500 to all municipal candidates and office holder with ultimate responsibil­ity for the award of the contract, and all municipal or county political parties and political action committees combined, without violating paragraph a. of this sub­section."

The ordinance also stated that the gov­erning body will remain vigilant toward recognizing any attempt to subvert the un­derlying purpose for which the ordinance was adopted.

"Any professional business entity which may attempt such creative subversion does [so] at its peril," the committee said in a statement published with the ordinance.

Brent Zettel, grass roots coordinator for Common Cause New Jersey, commended Freehold Township officials for taking the initiative to address the issue, which he called the "pay-to-play reform ordinance."

"Pay to play is an all too common prac­tice in New Jersey politics, where large campaign contributions are made in order to gain lucrative government contracts," Zettel said. "This reform ordinance under consideration tonight is designed to sever the link between contributions and con­tracts and ensures that merit and cost effec­tiveness drive the process for selecting professional consultants."

He added that passing the ordinance sends a message to citizens that their offi­cials are committed to preserving open and fair government.

"By passing this ordinance, Freehold Township will truly be setting an example for other municipalities in Monmouth County and around the state and will be taking a place at the forefront of a growing movement to restore integrity to a broken public contracting system," Zettel said.

According to its Internet Web site, Common Cause is a nonprofit, nonpartisan citizens lobbying organization promoting open, honest and accountable government.