Ban on pay-to-play on table in Monroe

Law

BY TARA PETERSEN
Staff Writer

Ban on pay-to-play
on table in Monroe
BY TARA PETERSEN
Staff Writer

MONROE — Two ethics-related ordinances, including a ban on so-called "pay-to-play," are expected to be introduced by the Township Council next week.

A proposed anti-nepotism ordinance would prevent Monroe from hiring relatives of current employees, while the pay-to-play ban would cut down on campaign contributions from those seeking no-bid contracts with the township.

Mayor Richard Pucci addressed the council during Monday night’s agenda meeting regarding the specifics of the two ordinances, slated to be introduced Feb. 2.

"We’ve put into words now what we’ve been practicing," Pucci said regarding the anti-nepotism ordinance.

The measure would prevent the hiring of a relative of township officials including those holding elected office, department heads, the township clerk, tax assessor, chief financial officer, tax collector or treasurer.

The relationship is defined in the ordinance as a "brother, sister, husband, wife, life partner, son, daughter, ward, son-in-law, daughter-in-law, father, mother, father-in-law, mother-in-law, grandmother or grandfather."

"It’s about as strict an ordinance as someone could ask for," Pucci said.

Pay-to-play refers to the practice in which monetary contributions from professionals such as lawyers and engineers are donated to political campaigns in return for no-bid contracts from the elected officials.

The ordinance would set a contribution limit of $400 per candidate or committee for each election.

"This is an all-encompassing pay-to-play ordinance," Pucci said.

According to the New Jersey Election Law Enforcement Commission Web site, www.elec.state.nj.us, during the last election cycle, Monroe Township Engineer Ernest Feist, Township Attorney Joel Shain and Planning Board Attorney Jerome Convery all contributed to Monroe’s Democratic organizations well in excess of the limits being proposed in the ordinance.

The township’s version, like those in many municipalities, differs from the model ordinance drafted by the government watchdog group Common Cause. It is more strict in some ways, less strict in others.

Monroe’s version prohibits employees of the township from making any contributions and also limits contributions made to political action committees (PACs), where the Common Cause model does not.

The Common Cause model refers to contributions made to individuals and campaign committees, but does not include PACs.

The township ordinance, unlike the model, also restricts individuals and developers "who make an application before an approving board" from exceeding the $400 maximum.

According to the state’s ELEC Web site, several developers contributed to the Citizens to Re-elect Pucci, Nalitt and Riggs, who are Democrats, and to the Monroe Township Democratic Organization.

Toll Bros., U.S. Home, Robert McDaid and Matrix Realty were among the top contributors, who gave a combined amount of more than $25,000 just to the "Citizens to Re-Elect" campaign committee.

Engineering firms and attorneys were also major contributors.

The amounts contributed to the local Republican Party could not be determined since the forms have not yet been filed, according to Republican Chairwoman Audrey Cornish, who ran unsuccessfully as a Republican in recent township elections.

Common Cause member and attorney Brian Urbana said at a North Brunswick council meeting last month that an ordinance restricting developers would not be legal since they are not governed by the same laws as professionals who are paid with taxpayers’ money.

"Developers are not governed by local public contracting law," Urbana said. "An ordinance containing developers would not withstand Constitutional scrutiny because their political contributions are a form of free speech protected by the Supreme Court."

Pucci said at the meeting, however, that Shain conducted extensive research to make sure the ordinance would hold up in court.

"I’m not going to support something that would be challenged," Pucci said.

The township’s version also deals only with people or firms who make contributions to local election campaigns. The Common Cause ordinance, on the other hand, includes contributions made at the county level — meaning that professionals are prevented from donating to a county organization that then can donate the money to a local party.

Pucci said that the ordinance drafted by Shain pertains to only local elections since "we can’t control the campaigns" at the state and county level.

"We can control the local situation," Pucci said.

Also, the model ordinance includes contributions made by spouses and children of an individual, and has a $2,500 maximum for a "professional business entity" where the township measure does not.

According to the ELEC reports from last fall, at least four principals in the firm CME Associates, Sayreville, gave a combined total of more than $16,000 to Monroe Democrats, and some $53,000 to the Middlesex County Democratic Organization as of October.

The county Democrats raised more than $2.2 million in contributions last year, according to the site, compared to the approximately $100,000 raised by the Middlesex County Republican Organization.