File #: 21-0739    Version: 1 Name: Ordinance: Repealing the Pay-to-Play Policy for Contractors - Contractor Pay-to-Play Reform
Type: Ordinance Status: Adopted
File created: 5/21/2021 In control: Law
On agenda: 5/25/2021 Final action: 6/22/2021
Title: AN ORDINANCE REPEALING, IN ITS ENTIRETY, ORDINANCES 6PSF-A ADOPTED ON AUGUST 1, 2012, AND AMENDING ORDINANCE 6PSF-B ADOPTED ON MAY 20, 2020, WHICH ESTABLISHED AND AMENDED A PAY-TO-PLAY POLICY FOR CONTRACTORS, CODIFIED AS TITLE II, ADMINISTRATION, CHAPTER 4, GENERAL ADMINISTRATION, SECTION 22C, "CONTRACTOR PAY-TO-PLAY REFORM" OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, AND ADOPTING THE STATE PAY-TO-PLAY REQUIREMENTS PURSUANT TO N.J.S.A. 19A:44A-20.5.
Sponsors: Council of the Whole

Title

AN ORDINANCE REPEALING, IN ITS ENTIRETY, ORDINANCES 6PSF-A ADOPTED ON AUGUST 1, 2012, AND AMENDING ORDINANCE 6PSF-B ADOPTED ON MAY 20, 2020, WHICH ESTABLISHED AND AMENDED A PAY-TO-PLAY POLICY FOR CONTRACTORS, CODIFIED AS TITLE II, ADMINISTRATION, CHAPTER 4, GENERAL ADMINISTRATION, SECTION 22C, “CONTRACTOR PAY-TO-PLAY REFORM” OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, 2000, AS AMENDED AND SUPPLEMENTED, AND ADOPTING THE STATE PAY-TO-PLAY REQUIREMENTS PURSUANT TO N.J.S.A. 19A:44A-20.5.

 

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WHEREAS, the Municipal Council adopted Ordinances 6PSF-a on August 1, 2012, and an amending Ordinance 6PSF-b adopted on May 20, 2020, regulating political contributions by business entities doing business or seeking to do business with the City of Newark, New Jersey; and

WHEREAS, to avoid confusion and simplify enforcement regarding permitted and prohibited political contributions by such business entities, the Municipal Council desires to repeal in its entirety both ordinances, codified as Title II, Administration, Chapter 4, General Administration, Section 22C, “Contractor Pay-to-Play Reform,” of the Revised General Ordinances of the City of Newark, New Jersey 2000, as amended and supplemented, and adopt, in its place, the State of New Jersey Pay-to-Play statutory requirements pursuant to N.J.S.A. 19:44A-20.5.

 

NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of Newark, New Jersey that:

 

Note:  Additions are shown as underlined and bold.  Deletions are shown as strikethroughs.

 

SECTION 1. Ordinance 6PSF-a adopted on August 1, 2012 and amended by Ordinance 6PSF-b adopted on May 20, 2020, which regulates political contributions by business entities doing business or seeking to do business with the City of Newark, codified as Title II, Administration, Chapter 4, General Administration, Section 22C, “Contractor Pay-to-Play Reform,” of the Revised General Ordinances of the City of Newark, New Jersey 2000, as amended and supplemented, be and is hereby repealed in its entirety.

 

SECTION 2. Contractor Pay-to-Play Reform

 

The State’s Pay-to-Play statutory requirements pursuant to N.J.S.A. 19:44A-20.5, and as may be amended and supplemented, governing eligibility for municipal contracts, is hereby adopted by the City of Newark.  

 

SECTION 3.  Each Section of this ordinance and every Subsection hereof shall be deemed independent, separate and distinct from all other Sections, and the holding of any Section or a part hereof to be unconstitutional, void, or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other Section or part hereof, and to this end, the provisions of this ordinance are hereby declared severable.

 

SECTION 3.   All other ordinances, codes or parts thereof that are in conflict or inconsistent with this ordinance are hereby repealed, to the extent of such conflict or inconsistency.  In the event of any inconsistencies between the provisions of this ordinance and any prior City ordinances, the provisions hereof shall be determined to govern.  All other parts, portions and provisions of the City’s ordinances are hereby ratified and confirmed, except where inconsistent with the terms hereof.

 

SECTION 4. This ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.

 

 

STATEMENT

 

This ordinance repeals, in its entirety, Ordinances 6PSF-a adopted on August 1, 2012 and amended by Ordinance 6PSF-b adopted on May 20, 2020, and adopts the State of New Jersey Pay-to-Play statutory requirements pursuant to N.J.S.A. 19:44A-20.5.