6362  CONTRIBUTIONS TO BOARD MEMBERS

AND CONTRACT AWARDS

 

As a condition of receiving State aid, the school district shall comply with the provisions of N.J.A.C. 6A:23A-6.3 to ensure the school district maintains honest and ethical relations with vendors and shall guard against favoritism, improvidence, extravagance, and corruption in its contracting processes and practices.

 

For the purposes of this Policy, “business” means any corporation, partnership, firm, enterprise, franchise, trust, association, sole proprietorship, union, political organization, or other legal entity but shall not include a local public school district or any other public entity.  “Business entity” means any natural or legal person, business corporation, professional services corporation, limited liability company, partnership, limited partnership, business trust, association or any other legal commercial entity organized under the laws of this State or of any other state or foreign jurisdiction.  “Interest” means the ownership or control of more than ten percent of the stock in the case of a business entity that is a corporation for profit, as appropriate.

 

In accordance with the provisions of N.J.A.C. 6A:23A-6.3:

 

  1. No Board of Education will vote upon or award any contract in the amount of $17,500 or greater to any business entity which has made a contribution reportable by the recipient under P.L. 1973, c. 83 (N.J.S.A. 19:44A-1 et seq.) to a member of the Board of Education during the preceding one-year period.

 

  1. Contributions reportable by the recipient under P.L. 1973, c. 83 (N.J.S.A. 19:44A-1 et seq.) to any member of the Board of Education from any business entity doing business with the school district are prohibited during the term of contract.

 

  1. When a business entity referred to in 2. Above is a natural person, a contribution by that person’s spouse or child that resides therewith shall be deemed to be a contribution by the business entity. Where a business entity is other than a natural

 

FINANCE

6362/ Page 2 of 2

Contributions to Board Members

And Contract Awards

 

person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity.

 

  1. The disclosure requirement set forth in section 2 of P.L. 2005, c. 271 (N.J.S.A. 19:44A-20.26) also shall apply when the contract is required by law to be publicly advertised for bids.

 

A Business Entity Disclosure Certification (BED-C) shall be submitted by the business entity for all contracts of $17,500 or greater in order to facilitate disclosure of contributions to Board members by a business entity.  The BED-C shall be reviewed prior to the award of any contract in excess of $17,500 to ensure the Board of Education’s compliance with N.J.A.C. 6A:23A-6.3(a).

 

The requirements of N.J.A.C. 6A:23A-6.3 shall not apply to a contract when a district emergency requires the immediate delivery of goods or services.  With the exception of districts previously subject to the requirements of N.J.A.C. 6A:10-2.1(e), N.J.A.C. 6A:23A-6.3 shall not apply to contributions made prior to its effective date.

 

N.J.A.C. 6A:23A-6.3

 

Adopted:         September 2008

Revised:          November 2012