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Adding teeth to state statute
(by Maggie Fazeli Fard - March 12, 2008)
As the governing body looks for ways to “add teeth” to a state statute aimed at preventing the preferential treatment of campaign contributors, finding a balance between adopting more stringent rules that are both practical and enforceable is proving difficult.
“The problem is to accomplish what the Pay to Play laws are intended to accomplish,” Borough Attorney Russell Huntington said March 4, referring to state legislation passed in 2005 that offers two processes by which to appoint professionals who have made contributions to political candidates. The processes are known as “fair and open” and “non-fair and open.”
The fair and open process provides for an open bidding process for professional positions worth more than $17,500 when a candidate has contributed more than $300. It requires that the position be advertised to all interested bidders; by making the process open, the public would have an opportunity to make sure that the council is selecting the firm or professional who is most qualified, regardless of campaign contributions that may have been made.
The non-fair and open process requires professionals awarded contracts worth more than $17,500 to sign disclosures stating that they have not contributed more than $300 in contributions to political candidates.
However, due to loopholes in the state statute, approximately 74 of more than 500
New Jersey municipalities have adopted their own Pay to Play ordinances with varying degrees of stringency.
“The question is whether there is anything further to do to make it stronger without shooting yourself in the foot,” said
Huntington . “You don’t want to disqualify everybody inadvertently.”
Huntington, who has drafted a Pay to Play ordinance for Westwood, said he added provisions, including what he called “anti-circumvention language,” that go beyond the state statute.
“I’m not sure if it’s practical,”
Huntington noted. “It seems like if people want to circumvent [the rules], they do.”
Councilman Robert Miller agreed that some rules could be difficult to enforce, noting that “people will find a way to beat it.”
Miller added, however, that the ordinance would be valuable in dictating the borough’s stance on political favors. “I want to draw a line in the sand: Westwood elections are for Westwood people.”
Huntington expects that a final version of the ordinance will be ready for the mayor and council’s consideration by the next council meeting, scheduled for March 18.
Maggie Fazeli Fard's e-mail address is fazelifard@northjersey.com.
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