BY CHRISTINE VARNO
Staff Writer
LONG BRANCH — The City Council adopted a stronger anti pay-to-play ordinance last week, but the measure still falls short of requiring public bidding on municipal contracts.
The new ordinance, which amends one previously adopted, bans the practice of wheeling, or channeling campaign contributions between political organizations to conceal the source of the funds.
It also requires that any contribution to a candidate of $50 or more be reported. The original ordinance, adopted May 10, required reporting contributions over $300.
Council President John Zambrano said the council is currently seeking legal advice on the issue of going out to bid for public contracts. He said he would be able to comment further on the subject at the July 12 council meeting.
“This is good, but it is not what the people of this town are looking for,” Bill McLaughlin, Ocean Avenue, said at the June 28 council meeting.
“Are you going to put competitive bidding in this [ordinance] in the future?” McLaughlin asked the council.
“If there is no competitive bidding [in the ordinance], then wheeling and everything else means nothing.
“You are elected to do an honest job, and you spend millions of dollars without competitive bidding.”
Another city resident agreed with McLaughlin.
“I think, in this day and age, the people need more protection than you have available,” Kevin Brown, Broadway, said. “It is not a personal issue, it is a state issue.”
He added, however, that he is grateful that the council has taken the first step to amending this ordinance to comply with the needs of the city’s residents.
“If you did not hear us, then there wouldn’t be those amendments,” Brown said.
According to the new ordinance, the intent of the new law “is to ensure trust in the process of local government, if not the quality of cost of services received, and to minimize any perception or concerns on the part of the public that discretionary no-bid contracts for municipal professional services are being awarded to professionals as a reward for having made substantial political contributions.”
The original ordinance prohibits professional business entities who are in negotiations with, or who have agreed to perform services in, the city from making a contribution to any Long Branch candidate.
A business entity is defined as an individual seeking a public contract, and includes family members of the individual, a firm and a corporation.
If an individual owns less than 10 percent of a professional business entity that contracts with the city, they will be treated as part of the entity, according to the ordinance.
All contributions by a business entity made prior to the adoption of a pay-to-play ordinance will be grandfathered and will not be deemed in violation, according to the ordinance.
If a business entity violates the pay-to-play law, they will be subject to a $2,500 fine on the first offense and on a second offense be disqualified from eligibility for contracts in the city for four years from the date of violation, according to the ordinance.
But there will be no breach of contract if the contribution by a business is questioned and, as a result, the contribution is returned to the donor.
In the event of any disputes as to whether or not a campaign contribution is proper, the matter shall be submitted to arbitration, according to the ordinance.

