THE GROUP pushing for a referendum to ban pay-to-play in Teaneck is drawing a road map for many other North Jersey communities. When municipal councils stand in the way of government reform, residents may be able to go around them.

Not every form of municipal government in New Jersey allows government-reform ordinances to be passed by referendum. But it is possible in Teaneck and about 20 other municipalities in Bergen and Passaic counties. It is an important alternative in communities where mayors and councils are bucking change.

In Teaneck, Councilwoman Jacqueline Kates has pushed hard for her township to ban the hiring of engineers, lawyers and other professionals who donate to state or local electoral campaigns or political organizations.

But a proposed pay-to-play ordinance stalled this week in the Teaneck Township Council. Rather than wait and hope the council will come around, members of the reform group Bergen Grassroots are collecting signatures on petitions for a November referendum in the community. Good for them.

Mayors and municipal councils across New Jersey have been slow to adopt pay-to-play reforms since the state passed a law 18 months ago allowing such restrictions. In Bergen and Passaic counties, only eight of 86 municipalities have taken action. At this rate, it's questionable whether many ever will enact restrictions. Reform-minded residents are right to take matters into their own hands.

Teaneck Mayor Elie Katz says he's worried a pay-to-play prohibition would force the township to sever its relationship with its labor lawyer and special counsel, both of whom contribute generously to politicians around the state. That's a valid concern. Municipal officials understandably like to hold onto professionals whom they feel have served their communities well.

But that concern is overshadowed by a larger, more serious problem -- the culture of corruption in this state and how to end it.

Teaneck is not known to be one of the more egregious practitioners of pay-to-play. But as Kates says, the township should set an example for other communities. "We've always been leaders and we should be a leader in this area," she said. "This is about stopping the insidious corrupt system in New Jersey."

Statewide, only 81 of 566 municipalities have modified their pay-to-play rules since the state began allowing tougher local restrictions. Only 48 of these have ordinances considered strong enough to close loopholes in state laws.

Pay-to-play restrictions need to be passed in many more communities for them to have a real impact in New Jersey. Ending pay-to-play is difficult. Where elected officials won't initiate the process, voters may be able to take the lead.

Oh, Grandma, what big no-bid contracts you have

Published in the Bergen Record, 6/22/07

By Alfred P. Doblin

For a lot of folks, if the sewers are in good repair, it does not matter if the contractor spread a little grease to get the job of laying pipe. But it isn't that simple.

IF A WELL-CONNECTED New Jersey law firm were hired to defend the wolf's actions in "Little Red Riding Hood," it would not focus on the wolf's unbridled desire to consume Little Red; instead, it would argue that said wolf, disguised in drag as Grandma, should be offered protection under the state's anti-discrimination laws. The attempted consumption of Little Red is of little worth.

I'm not belittling the state's important new law that protects the transgender community from discrimination. It's a good law. I use it as a reference point. Give political players in New Jersey enough time and they will find a way to subvert something intrinsically good, turning it into something intrinsically profitable. I'm talking pay-to-play.

This week the borough of Wood-Ridge dismissed the need for enacting stronger pay-to-play reforms. It's not surprising. The mayor of Wood-Ridge is Paul Sarlo. Call him mayor. Call him state senator. Call him engineer. At least you can't call him Grandma - that is one of the few titles he doesn't have.

Sarlo is defending pay-to-play because it is more than the bread and butter of Bergen County Democratic politics, it's the foie gras on toast.

Bergen Democrats may challenge the state's pay-to-play laws, assuming they can find other county Democratic organizations in New Jersey to join in the legal challenge. After all, Jersey wolves run in packs and with PACs. The same law Sarlo referred to as "some of the most comprehensive pay-to-play reforms in the country" will probably be challenged by the very people that remain closest to Sarlo.

Given his comments about the current pay-to-play reforms, it will be interesting to see if Sarlo champions any future legal move made by fellow Democrats in Bergen or other counties to overturn pay-to-play. He flip-flopped on EnCap, why not pay-to-play?

The general argument against pay-to-play reform is that it infringes on the right of individuals to support candidates of their choosing -- and on freedom of speech. Who's against freedom of speech? Certainly not I.

Pay-to-play supporters say all that is needed is complete transparency -- if the public knows where the money is coming from and where it is going, there can be no corruption, no backroom deals, no political machine.

This is New Jersey. Political corruption in the Garden State is like ground contaminants. You may be able to put a cap on top of the soil, but unless you suck out all the toxins, they will spread somewhere else, out of sight until someone starts getting sick.

I agree with many powerful Democrats that voters don't care as much about pay-to-play as the media. For a lot of folks, if the sewers are in good repair, it does not matter if the contractor spread a little grease to get the job of laying pipe. But it isn't that simple.

Huge development projects make some people a lot of money even if the project isn't completed. Whether condos rise from former landfills, attorneys get paid to argue in court and public relations firms get paid to argue with people like me.

Wolves eat Little Reds; that is what wolves do. Political wolves like pay-to-play.

If the state's current pay-to-play reforms are successfully challenged in court, don't expect Wood-Ridge to take the lead and draft a local ordinance preventing connected law firms and developers from contributing to either political campaigns or political action committees that can wheel donations across the state.

In America, we have a constitutionally protected right to stand on a soapbox, espouse our opinions (assuming they do not incite violence and hate) and be safe from prosecution. That's called free speech.

In New Jersey, you can stand on a soapbox, but who builds that box and how you get a prime location for the box, well, that isn't free. And that's called pay-to-play.

The wolves are minding the hen house. The fact that the wolves are in drag is immaterial.

Pay-to-play stays

Bergen Record Editorial, 6/19/07

IT'S not hard to figure out why so few towns in New Jersey have failed to pass tough pay-to-play regulations. It makes no sense to them: Why turn off the campaign finance faucet?

Only 81 out of 566 municipalities -- including just eight in North Jersey -- have taken advantage of a state law that permits them to deal pay-to-play a serious setback.

Towns have all kinds of excuses, but the truth is they don't want to disturb the cushy insider circle of political donations and quid pro quo favoritism that rewards friends at taxpayer expense.

It's the way lawyers, auditors, engineers and other professionals win local no-bid contracts -- through political donations to local officials. It's not just who you know but what you've contributed that can win the contract.

Local taxpayers lose out: There's no way to guarantee they are getting the best price for a borough attorney, engineer or architect and no way to guarantee that the best firm or individual is chosen for the job.

Citizens' Campaign, a government accountability group, is promoting limits that include barring professionals from no-bid contracts if they've given more than $500 to political parties and more than $300 to the candidates themselves.

But even those reasonable limits are too much for most towns.

For the same reasons, only one county -- Mercer -- out of 21 has adopted tough pay-to-play reforms.

Record Staff Writers Scott Fallon and Joseph Ax reported on Sun- day that the Bergen County Democratic Organization has thrived on political contributions from professionals. Is it just a coincidence that Bergen towns in turn hire professionals who have been generous to the county party?

Not surprisingly, Bergen County freeholders have resisted Citizens' Campaign efforts to put a stop to play-to-play.

Last year, the advocacy group drafted an ordinance that would have drastically revised the way contracts are awarded in the county and gave it to the freeholders for consideration. The group attended several freeholder meetings to check on its progress. And when the freeholders raised constitutional concerns about the proposal, the group came back with a favorable legal opinion, drafted by a panel of lawyers that included a former New Jersey Supreme Court justice.

Nevertheless, the freeholders rejected it.

Few towns restricting pay-to-play

Published in the Bergen Record, 6/17/07

By Scott Fallon & Joseph Ax

Most North Jersey towns have failed to take advantage of an 18-month-old state law that lets them deal a powerful blow to pay-to-play at the local level.

Only in a handful of municipalities have local governing bodies passed tough campaign finance regulations under the law, which was intended to let them add teeth to statewide pay-to-play regulations, often criticized as rife with loopholes.

As a result, taxpayer dollars continue to go to lawyers, auditors, engineers and other professionals who may have won favor by helping to fill the campaign coffers of mayors, council members and county political organizations.

This year alone, Hasbrouck Heights hired the campaign treasurer of several Democratic council candidates to be borough attorney after political committees connected to him contributed thousands of dollars to his candidates. Edgewater replaced its borough attorney of 27 years with a lawyer whose partner contributed to council candidates last year. And although Emerson approved a pay-to-play ordinance, it did so only after hiring an engineering firm whose employees financially supported council candidates last year.

Advocates of pay-to-play reform are disappointed by the weak response to the new law.

"We're trying to change the culture of corruption," said Heather Taylor, spokeswoman for Citizens' Campaign, a government accountability group that is leading the charge for reform. "We are asking [towns] to take a leadership role that the state Legislature has not."

Only 81 of the state's 566 municipalities have passed tougher pay-to-play laws, according to Citizens' Campaign. In Bergen and Passaic counties, only Emerson, Fair Lawn, Hillsdale, Oradell, Ramsey, Saddle River, Ringwood and West Milford have passed stricter laws.

All of the area towns that cracked down on pay-to-play plugged one of the biggest loopholes in state regulations: They barred professionals such as lawyers, engineers and planners from receiving large no-bid contracts if they give more than a certain amount -- in most cases $500 -- to political parties or political action committees that funnel funds to candidates. They also bar any contributors from receiving no-bid contracts if they gave $300 or more directly to candidates. Total contributions by all principals of a firm cannot exceed the caps if the firm wants to secure a contract of $17,500 or more from the town.

The Bergen County Democratic Organization, which raises far more money from professionals than its Republican counterpart, and its affiliated political committees have thrived on the loophole, collecting hundreds of thousands of dollars in contributions. Towns, in turn, often hire professionals who have been generous to the county party.

"It's quid-pro-dough," said Edgewater Councilwoman Beatrice Robbio, an independent who has fought pay-to-play.

The Bergen County Democratic Organization has denied that it influences contract awards at any level of government.

State law requires municipalities to use a "fair and open" process to award no-bid contracts of $17,500 or more to firms that have given at least $300 in one year to a candidate or a local party. The towns must advertise the openings and accept applications. But municipalities can then choose a firm without regard to experience or cost.

Moreover, the law fails to regulate donations to county and state party organizations and to political action committees. And there is no limit on the amount a party organization can give candidates at any level -- another major loophole.

Majorities resisting
In some cases, residents or council members have pressed for more stringent local pay-to-play laws only to be rebuffed by uninterested majorities.
In Hasbrouck Heights, the Republican-controlled council approved a stricter ordinance in the fall. But a newly elected Democratic majority in January said the law was invalid because a copy had not been delivered to the state in a timely manner.

Without the municipal law on the books, the council appointed Wilfredo Ortiz, a Democratic fund-raiser, as borough attorney at an annual salary of $72,930. Ortiz had served as campaign treasurer for three of the council members in the past few years.

The council also granted contracts to several firms that had given money to Ortiz-connected political action committees. Those committees had donated funds to the candidates for whom Ortiz was working in 2006 -- Anthony DiNanno and Stephen Altobelli.

All of the appointments were made through the fair and open process. But Councilwoman Carol Skiba, a Democrat who is independent of the county Democratic organization, said a resolution approving the moves was sent out just hours before the deadline to submit applications -- before the council had even received copies of all the resumes.

"It was a 'fair and open' farce," she said. "It was a bogus attempt to justify what the county organization and its operatives wanted to force on my community."

DiNanno, however, said that all campaigns depend on donated money, and that the appointments had been perfectly legal.

"There were no laws or ordinances broken in the borough of Hasbrouck Heights," he said. "It was a new administration. These are people who have a lot of background in their field."

Ortiz was treasurer last year for DiNanno and Altobelli, who received $1,000 from Pascack Valley 1st, a PAC that Ortiz operates. The Northern Valley 1st PAC, founded by Ortiz's law partner, also gave the candidates $5,000.

The PACs received a total of $4,500 in 2006 from Lerch, Vinci & Higgins, which was given the borough's auditing contract. Employees of Maser Consulting, which became the borough's engineer, gave Northern Valley 1st $10,000 last year, while Campbell Lynch, the new labor attorney firm, gave $2,000 to Pascack Valley 1st.

Ortiz did not return phone calls seeking comment.

In Edgewater, the top employees of the town's auditing firm, Ferraioli, Wielkotz, Cerulla & Cuva of Pompton Lakes, gave at least $88,150 to the Bergen County Democratic Organization from 1999 to 2006. It also gave $2,000 directly to the Edgewater Democratic candidates in 2006.

In January, the firm was awarded a contract by the Edgewater council for at least $38,000, which could rise to $79,500.

Edgewater also replaced the borough attorney of 28 years, Robert Regan, with Philip Boggia, who has given $3,500 to the BCDO from 1999 to 2005. Boggia didn't give to Edgewater Democratic candidates in 2006, but his law partner, Martin Durkin, gave $750.

Boggia did not return a phone call seeking comment.

Belated approval

The Emerson Borough Council unanimously approved a strict pay-to-play ordinance in May, just months after hiring Maser Consulting as borough engineer. Five Maser employees gave $1,000 apiece to the Coalition to Heal Emerson, the political action committee that raised funds for new Mayor Lou Lamatina and two councilmen last fall.

The chairman of the PAC was Ortiz, who originally had sought a seat on the council before bowing out early in the race. The PAC also received $2,000 from Pascack Valley 1st.

Because the contributions were to a PAC and not directly to a candidate or party, the council did not have to use the fair and open process.

Councilwoman Marcia DeSalvo nevertheless criticized the majority for giving Maser the contract, and she pushed the council to pass the new ordinance.

"When this happened, I thought the firm was very qualified," she said. "But it does raise issues of favoritism and buying your position."

West Milford and Ringwood passed pay-to-play restrictions just recently.

"You find elected officials on the local level are either naive and don't know how important it is to pass it, or [pay-to-play] has already become a great avenue for them," Ringwood Mayor Joanne Atlas said. "We had to explain this very carefully to our own council members and political parties in town. So you know the average voter doesn't have a clue."

Atlas, a Democrat, said pay-to-play never had been an issue in the town, which made it easier to pass. "You have to do it before it gets a grip on local politics," she added. "Where it dominates the process, you can't pass anything to stop it."

West Milford's municipal attorney, Fred Semrau, agreed. After his town's ordinance took effect in January, Semrau said, he received questions about it from other municipal attorneys. "They looked at ours and said, 'There's no way I can get this passed in my town,' " he said.

Last month, Wood-Ridge resident Forrest Elliot asked his town's council to pass a model pay-to-play law written by Citizens' Campaign. Wood-Ridge officials balked, but Elliot remains undaunted.

"I don't think people fully understand about pay-to-play," said Elliot, a former Republican council candidate. "If need be, I'll go door-to-door and get people out to support this."

* * *
Closing the loopholes

Since January 2006, towns and counties have been able to pass local pay-to-play ordinances that are tougher than state law. West Milford is among the few that have done so. Below is a look at the state loopholes and how one town closed them.

State
o Vendors allowed to seek no-bid contracts even if they give to political parties.
o Vendors who give political contributions are allowed to be awarded contracts as long as those contracts are advertised.
o Vendors can give to political action committees, which can "wheel" money into local races anywhere in the state.

West Milford
o Vendors who give $300 or more to political parties are barred from no-bid contracts for three years.
o Vendors who give more than $300 are barred whether the contract is advertised or not.
o Vendors are barred if they give more than $300 to any committee.
* * *

Tough sell

North Jersey towns are not alone in their reluctance to toughen pay-to-play laws. Advocates say it is difficult to persuade residents to pressure towns to pass these laws because the effect of pay-to-play on property taxes and the nuances of campaign financing are difficult to demonstrate.

o Only 81 of 566 towns statewide have modified their pay-to-play laws.
o Of those, 48 are considered strong laws in that they close almost every loophole.
o Only one of the state's county governments -- Mercer's -- has adopted strict pay-to-play regulations. In that county, 10 of the 13 towns have enacted pay-to-play reforms.

Source: Citizens' Campaign

Campaign Urges Open Appointment Process
Published in the Westfield Leader and The Times, 4/26/07

By Paul Peyton

ELIZABETH - Representatives from the Citizens Campaign, an arm of Metuchen-based Center for Civic Responsibility, asked the Union County freeholders last Thursday to support its effort to open up the process for appointed positions on county boards and commissions.

The proposed ordinance would create a comprehensive public directory of vacancies, including memberships, expiration dates, meeting times and locations, an official application for prospective members to fill out online and the county's process for notifying applicants of the county's decision on their applications.
The group said there are 130 vacancies out of 652 positions on some 51 boards and commissions in county government, including all 18 positions on the Americans With Disabilities Advisory Committee and 30 of the 43 seats on the air traffic noise advisory board.

Dave Golush of Westfield, a retired cpa and Citizens' Campaign Union County chairman, said the draft ordinance presented to the board would "foster openness in government and provide Union County citizens with information concerning these appointed positions that exist within the county."

He told The Westfield Leader and The Times that, "The real goal is to get it in 40 or 50 towns, and have the governor sign (a state law)." He told the board there are many retired professionals who could offer their expertise by serving on advisory boards.

Kevin Dick of Scotch Plains, a member of the Citizens' Campaign, told The Leader/Times that he envisions having an on-line database setup on the county website by a Union County College student at no cost to the county. "You could put the thing on 80-percent automatic," Mr. Dick said.

"These measures would provide the county with a broad base for the selection of qualified candidates and would also create a standard and efficient way of responding to citizens interested in filling seats on boards and commissions," Mr. Dick said in a prepared statement to the board.

Lauren Skowronski, suburban coordinator for the Citizens' Campaign, said Sayreville, Woodbridge, Edison, South Plainfield, Asbury Park, Plainfield,Hasbrouck Heights and the Atlantic County freeholder board have adopted the open-appointments process.

Berkeley Heights resident George DeCarlo, chairman of the state's Green Party, told the board that the process to fill vacancies needs to be open to all county residents, "not just those in either wing of the bipartisan stranglehold supported in New Jersey by a minority of its residents seated in the legislature." He said the state has one million registered Democrats, 900,000 Republicans and 2.8 million unaffiliated voters.

Freeholder Chairwoman Bette Jane Kowalski said the draft ordinance would be turned over to the county counsel's office for review. "Union County does seek applicants (who) share our (interest) in public dedication," she said. "We will definitely consider the ordinance."

County Manager George Devanney said, "I think, conceptually, we believe it's a good plan." He said the list of boards and commissions needs to be updated, as a few of them are no longer functioning, including the juvenile detention and criminal justice advisory board, as the facility is site-based and being re-located to Linden.

Ringwood ordinance would restrict gifts from contractors

Published in the Bergen Record, 3/15/07

By Jan Barry

RINGWOOD -- The Borough Council is moving toward a pay-to-play ordinance that would ban municipal contracts to consultants who contribute more than $300 to local candidates or $500 to a county political party.

"Pay-to-play in New Jersey is like legalized bribery," Mayor Joanne Atlas said Tuesday, as the council introduced an ordinance that would raise a barrier between bundles of campaign cash and lucrative government contracts. A public hearing on the measure is set for March 27.

A similar ordinance was adopted by West Milford in January. More than 75 other towns had enacted such restrictions as of last fall, according to Common Cause New Jersey, which is promoting a statewide campaign on this issue. A 2005 state law enables municipalities to set limits on campaign contributions by people seeking public contracts.

The only objection was raised by Councilwoman Wenke Taule, who abstained, saying, "It doesn't affect Ringwood." Taule said Wednesday that she feels the state law limiting political contributions covers the type of contracts that the council approves.

Councilman Tom Mac Allen voiced a concern that the ordinance doesn't address smaller contracts approved by the borough administrator. The proposed ordinance focuses on the mayor and council, the local elected officials who vote to hire lawyers, engineers, auditors and banking and insurance consultants.

"Once this is passed, our municipal campaigns will not able to call a contractor or a legal firm and get a big donation," Atlas said in an interview before the council meeting. "If every town in New Jersey passed it, it would cease being a problem."

Newark council to weigh ethics reforms. 1 of 5 ordinances would create inspector general to look into complaints

Wednesday, September 27, 2006
By Katie Wang

The Newark City Council is considering a slate of ethics reforms that includes creating an office of inspector general to investigate complaints made against officials, council members or employees in City Hall.

The five ordinances will be introduced for first reading at the council's regularly scheduled meet ing next Wednesday, marking the most significant legislative package proposed since the members were sworn in July 1.

West Ward Councilman Ron Rice Jr. said he hopes there will be enough votes to support the reforms on the table.

"As a city, we've been portrayed as in the pocket of developers," said Rice, who introduced the ordi nances. "It seemed to be who you know and how you know. With a new mayor, I thought we should have new initiatives. Newark is no longer going to be the butt of jokes."

According to the ordinance, the inspector general would report di rectly to the mayor's office and be responsible for preventing fraud and abuse of office. The inspector general would handle all "meritorious complaints" lodged against any city employee, department head, organization receiving city-granted funds or any business, organization or person providing services to Newark.

The office also will be responsible for handling ethics training for city employees and for issuing an annual report by February of each year, detailing the number of complaints it received, how many involved state or federal authorities and the number in which fraud was discovered. If approved, the ordinance would take effect by January.

Harry Pozycki, chairman of the Citizens' Campaign, a statewide organization advocating campaign fund-raising laws, said Newark would be the first city in the state to have an inspector general. "There are several towns that have something similar," Pozycki said.

For example, he said, a city agency might have a purchasing agent who reviews all contracts within that department. But no city has anything as comprehensive as what Newark is proposing, he said.

The other ordinances include a ban on soliciting political contributions in government buildings and a cap on campaign contributions from redevelopers and businesses seeking no-bid contracts from the city. Another ordinance is calling for all appointments to citizen advisory boards to be done in public.

If passed, Pozycki said Newark may be a model in the nation for taking a firm stance on government ethics.

The reforms, however, do not address cutting salaries or other benefits, issues that some residents raised at a North Ward budget hearing on Monday night. Rice said the nine-member council plans to introduce "significant" cuts when it votes on the budget on Friday. He said the council was still trying to agree on how deep those cuts will be.

The city councilmembers earn a base salary of $64,766 on top of a car, gas and cell phone.

Councilmembers also are given another $17,500 in recreation funds to dole out to community groups, $5,000 for meals and entertainment, $8,000 for travel and $2,500 to register for conferences.

On Friday, the council, which ran on a platform of reform, will be voting on a budget that calls for an 8 percent tax increase -- one of the steepest in recent history. On average, a homeowner can expect to see an increase of about $300 in his or her tax bill if the budget is passed.

"I don't see any cuts in the city council, which I find disturbing," said Mark Tronco, a resident in the North Ward who attended a budget hearing at the Robert Treat Academy on Monday. "I don't understand why part-time employees have full-time cars and they can't use their own cars."

Mila DeCosta, a musician who also lives in the North Ward, said it is important for council members to feel the financial pain they are about to impose on the city's residents.

"They have to understand, people really want to see these changes," she said. "You can't have a private car. (Residents) are not seeing enough of a change."

Town acts to outlaw vendors' donations

Published in the Bergen Records, 9/26/06

By Evonne Coutros

SADDLE RIVER -- The borough has agreed to draft a law that prevents vendors from contributing to local politicians and parties, heeding advice from state officials that counties and municipalities close pay-to-play loopholes in state regulations.

The borough already requires professional vendors to sign a business-entity disclosure certification that bars them from contributing to a local political party or candidate committee.

"This just merely formalizes the process for us," Borough Administrator Chuck Cuccia said. "It will have no impact on the borough, because when the state Legislature enacted the pay-to-play law, the borough determined that it would require disclosure from all parties with regard to payments made to political campaigns."

"We require all our professionals to sign that they would not make any contributions to any political entities in the borough. It's already zero," Cuccia said.

The measure follows a recent presentation to the Borough Council by members of Citizens' Campaign, a state government watchdog group advocating reform in contracting practices.

Citizens' Campaign asks municipalities to adopt measures that limit the awarding of public contracts to business entities that have made political contributions and limit the contributions that the holders of a public contract can make during the term of a contract.

Pair enter Plainfield race for at-large council seat. Former mayoral aide and civic activist face tough road against Gibson
Published in the Star Ledger, 9/22/06
By Alexi Friedman

Two more candidates have entered the race for Plainfield 's at- large council seat, each with deep roots in the community and a history of public service.
Deborah J. Dowe, who is run ning as a Republican, worked for former Plainfield Mayor Paul O'Keeffe, and Robert F. Edwards, running as an independent, has fo cused his attention on getting ordinary citizens more involved in the process of government.

Both hopefuls face an uphill battle in their efforts to win the election, which is fewer than seven weeks away. Last month, the city council selected Harold Gibson to fill the at-large seat after council President Ray Blanco died July 28. Gibson's term ends Nov. 7, but he is running to keep the position, which officially expires Jan. 1, 2009.

Gibson, who has the support of the city Democratic Committee -- and has taken an active role in discussions during recent council meetings -- is also Union County public safety director.

Edwards, 62, is executive direc tor of the Elmwood Residents Association and part of the Plainfield Citizens' Campaign, which encourages people to get involved in local, state and national decision-mak ing. In an interview yesterday, he described himself as "a people person" and someone who isn't "part of the machine." Citizens, he said, "have rights. They are not exercis ing them."

To help residents take part in government, Edwards -- who is retired -- spearheaded passage of the Civic Responsibility Act, which was approved by the Plainfield council last year. It requires the city clerk to post notice of any position open for a city board or commission. In May, he won an award from the New Jersey Foundation for Open Government, a watchdog organization.

Dowe, meanwhile, said she has a range of skills the city needs and is running for council to "give a positive view of Plainfield ."

She was community relations assistant in the Office of Information and Complaints for O'Keeffe in the 1970s. More recently, Dowe started a program that distributed free plants to schools and senior centers.

"I'm interested in creating more opportunities for participation to make the city a community," she said yesterday. Beautification efforts around the city -- an idea cur rent Mayor Sharon Robinson- Briggs has promoted -- also can give people jobs, Dowe added. "With the existing resources we have now, we can do great things."

Dowe, who will turn 54 on Monday, is retired but had worked as a grant writer.

In her run for council, "I'm going to do what I've always done to inspire people," she said.

Derail the gravy train

Editorial published in the Bergen Record, 8/22/06

Bergen County Executive Dennis McNerney touts the proposed $6.2 million homeless shelter as the long-awaited answer to many long-ignored social needs, but make no mistake: This project is a huge gravy train for well-connected political donors.

Worse, Mr. McNerney and the Democrats seem to think that voters are either too uninterested or uninformed to care -- even though the first-term county executive faces reelection in November.

Unless voters stop tolerating such legalized kickbacks and insist on reform, the gravy train will just keep getting bigger and bigger.

As Staff Writer Oshrat Carmiel reported yesterday, the Democratic-controlled Freeholder Board has approved $1.1 million in no-bid preconstruction contracts over the past three months to firms who have donated more $300,000 to the Bergen County Democratic Organization and affiliated candidates in the past six years.

Because the ethics rules that Mr. McNerney instituted are so toothless, rampant no-bid contracts and minimal disclosure by donors are standard operating procedure.

State law allows professional service contracts to be awarded without bid, and the county disclosure forms for county contractors contain two huge loopholes. The forms don't require the disclosure of money contributed before the last calendar year. And the forms don't require donors to disclose money given to the county party.

County Democratic Chairman Joseph Ferriero calls the shots in county government, and -- surprise, surprise -- those who give generously to his organization get rewarded with fat contracts.

In a nutshell, this is "pay-to-play" politics at its worst. Instead of county contracts going to the best-qualified, they go to the best-connected. And taxpayers pick up the tab.

A spokesman for the county insists that the county's contracting decisions are based on the firms' professional track record and expertise. And the companies insist that they donate solely because they want to support the party. Things just don't get any cozier.

Mr. McNerney, meanwhile, says that those who complain about the no-bid contracts lose sight of the big picture: that the county is finally addressing the needs of the homeless in a comprehensive fashion.

Not so. We are heartened that the county is at long last building a 100-bed shelter that provides a wide range of social services for the homeless.

But why must the project be tainted with the stench of pay-to-play politics?

Booker Has 100-Day Plan for Newark's Reorganization

Published in the New York Times, 7/11/06

By Ronald Smothers

NEWARK, July 10 - Mayor Cory A. Booker outlined an ambitious set of goals on Monday for his first hundred days in office that included reorganizing city government in Newark to help families, improving citizen access to services and refurbishing or replacing some of the city's nearly century-old police stations.

He also said he would focus attention on helping former convicts get jobs - a concern he said had come up frequently in conversations with voters. Mr. Booker could not put an immediate price tag on his proposals or describe how the financially strapped city would pay for them. But he said many of his plans could be accomplished by reorganizing the city's agencies and refocusing their priorities.

He said his plans grew out of hours of discussions and meetings in living rooms and kitchens with citizens, community groups, nonprofit social agencies and foundations. The ideas, he said, reflected his hope of creating a more inclusive government that would encourage a burst of what he called "community activism."

"I fully expect in 100 days people will begin to form their conclusions about this administration," Mr. Booker said, inviting city residents to hold him and the nine-member Municipal Council elected on his slate accountable. "If we don't in this period begin to earn their respect, then we will have problems."
Mr. Booker took office on July 1, replacing Sharpe James, who chose not to run again after 20 years as mayor.

One of Mr. Booker's biggest supporters, Mildred C. Crump, the council president, conceded that the social initiatives that dominate Mr. Booker's agenda harked back to some of the idealism of the 1960's.

"It is a kind of back-to-the-future approach, a kinder and gentler political statement," she said. "And yes, it makes a difference if the state and federal government are hatcheting away things that help people. What we are doing is lofty, and people don't expect loftiness from Newark. But we have that capacity."

Clement A. Price, a history professor at Rutgers University's Newark campus and an expert on Newark and other urban areas in New Jersey, said that Mr. Booker's agenda "absolutely challenges the conservative shift generally in the country." But he added that most urban reform efforts that have been all but forgotten were similarly "lofty and idealistic."

"My only worry is whether he can pull it off in this time frame and what the reaction will be if he does not," Professor Price said of the 100-day theme.
The broad areas Mr. Booker focused his proposals on were public safety, economic empowerment, the nurturing of children, families and senior citizens, and government reform.

One initiative that touched on all of those themes was his plan to assist former convicts in getting jobs. Mr. Booker noted that this concern had come up frequently in his talks with residents and in meetings with the New Jersey Social Justice Institute.

He said he would create the post of prisoner re-entry coordinator in his administration to make sure former convicts benefit from jobs created by economic development and to work to eliminate background checks for city jobs where such checks are not necessary.

Amy L. Solomon, a senior researcher with the Urban Institute's Justice Policy Center, said it was exciting to have a policy speech by a big-city mayor promoting concerns about former convicts re-entering society.

"People are coming out of prisons and going back to a small number of neighborhoods that are highly disadvantaged," she said, noting also that there had been cutbacks in education and training programs for former inmates.

Mr. Booker said his administration and the Municipal Council would also embrace many open government and election reforms put forward by a New Jersey Common Cause project on civic empowerment. Among them is a monthly opportunity for citizens to meet with the mayor and tighter ethics rules for city officials and employees.

The mayor of New Jersey's largest city also promised to reorganize government to create a Department of Family and Child Well-Being to better coordinate city and state services and private agencies that support families.

In addition to his already announced initiatives to put more police on patrol and focus on stemming youth gang activity, he said that at the end of the first 100 days, he would announce a capital improvement program to get new equipment and station houses for the police.

New mayor reveals plan for changes in Newark

Cory A. Booker wants to boost public safety, help families, and get ethics legislation on the books.

Published in the Philadelphia Inquirer, 7/11/06

By Janet Frankston

NEWARK, N.J. - During his campaign for mayor, Cory A. Booker vowed reform in Newark. Yesterday, he announced a 100-day plan to get it started.
Booker listed the main goals as public safety; economic empowerment; help for families, children and seniors; and government reform.
The ideas outlined in his nine-page handout include an intiative to help former prisoners reenter society by removing some municipal bans on hiring and contracting with people who have a criminal record.

The mayor, who succeeded 20-year incumbent Sharpe James on July 1, also announced the creation of a Council on Family Success, ethics legislation that "comes from the Common Cause playbook," and office hours for residents to talk with him one on one, beginning in September. He also said he planned to update the city's master plan for the first time since the 1970s.

Booker called his goals lofty, saying he wanted Newark to become "America's leading urban city in safety, prosperity, and the nurturing of family life."
"We all as Newarkers have to start thinking of ourselves in these larger terms," he said after a speech. "We have a destiny to fulfill. It's time for this city to get up again and lead our nation at a time when there is darkness in America."

While he couldn't put a dollar figure on some of his plans, such as rebuilding decaying police stations, he promised to be accountable and give a report after 100 days.

Muncipal Council President Mildred Crump said the council would work to create the legal mechanism for the ideas presented yesterday.

She agreed that Booker's ideas were ambitious. "People don't expect loftiness from Newark," she said. "People expect mediocrity and less."
Crump said Booker was focused on solutions, while James had been more about "hype and being a cheerleader."

Booker "is not afraid to seek advice and counsel from those who may know more than he does," she said.

Booker, 37, said public safety was his top priority. He wants to put more officers on patrol, hire a homeland security director, double the gang unit's size, and upgrade police stations.

In his first week in office, Booker joined U.S. Attorney Christopher Christie to announce a task force that would provide extra officers to patrol Newark and investigate gun, drug and other types of crime. The goal is to prosecute more crimes under harsher federal laws, which don't allow parole.

In high-crime areas, police would create "safety zones" with enhanced law enforcement activity.

Booker also announced a "safe summer" initiative to provide activities for youths as alternatives to gangs and crime.

Tougher 'pay to play' ban backed
Published in the Bergen Record, 6/9/06

By Oshrat Carmiel

A bipartisan group of concerned citizens and officeholders presented Bergen County officials this week with a proposal aimed at severing what the group sees as a clear link between campaign contributions and the awarding of county contracts.

The resolution, designed to reform the practice widely known as "pay-to-play," would bar those doing business with the county, and their relatives, from making campaign contributions to candidates or political parties during the term of their business contract.

It also calls for a one-year waiting period between making a political contribution of more than $300 and getting a county contract.

Contractors would have to attest, under penalty of perjury, that they meet those requirements. If they are found in violation, they would be barred from getting county contracts for four years.

The proposal casts a wide net, targeting contributions to freeholder candidates and any political committee that "regularly engages in the support of municipal or county elections and/or municipal or county parties."

The proposal is part of a statewide effort by the Citizens' Campaign, a government accountability group, to reform government contracting practices.

It also comes as public attention continues to focus on the hundreds of thousands of dollars in contracts awarded by the Bergen County freeholders to generous political donors since Democrats took control of the freeholder board in 2003.

But members of the Citizens' Campaign did not take an accusatory tone toward the freeholders Wednesday -- nor did they absolve Republicans from having employed the same tactics.

"Both political parties have abused the privilege of elective office by participating in the practice of awarding no-bid contracts to political contributors," said Paul Eisenman, a Cliffside Park resident who heads Bergen Grassroots, a non-partisan political activism group.

"I think," said Democratic state Sen. Loretta Weinberg, "we have crossed over a line."

The Citizens' Campaign submitted a sample resolution to the freeholders and invited them to make suggestions and changes.

Freeholder Chairwoman Bernadette P. McPherson said Thursday that the board, as well as its legal counsel, would study the resolution and probably will discuss it at its next meeting on June 21.

County Executive Dennis McNerney, who pledged in his 2002 campaign to abolish pay-to-play, touted his record on the issue, but said he would consider the proposal.

"Under my leadership, Bergen County was one of the first government entities to pass a comprehensive campaign finance reform measure," McNerney said. "While I have not fully reviewed a copy of the Citizens Campaign proposal, I am interested in any proposal that truly addresses this issue, while also being constitutionally sound and consistent with already existing state law."

Earlier this year, the freeholders approved a campaign finance resolution that some have criticized as being too weak.

Under that resolution, which copied the state's pay-to-play law, anyone with a no-bid county contract is barred from contributing to county officials or their local party organizations.

Those contractors, however, may still contribute to state or municipal campaigns. And nothing prevents that money from being transferred to county candidates' coffers.

The state has since passed a law saying that counties and municipalities can adopt stronger resolutions that close those loopholes.

"The law has now empowered them to do more," said Harry Pozycki, statewide chairman of the Citizens' Campaign. "And we're coming to them with the opportunity to do more."

Pozycki said the reforms would benefit citizens, who have become suspicious of government contracting, and officeholders, who have had to defend themselves on questions of contracting.

But he added that they would also be welcome by contractors, who would not feel pressure to make political contributions.
"Contractors are not really the cause of pay to play," Pozycki said. "They're the victims."

Toothless in Bergen

Editorial in the Bergen Record, 5/25/06

Bergen County's rules on awarding no-bid contracts to political contributors have a loophole big enough to drive $73,000 in donations through.
When will it ever end?

As The Record's Scott Fallon reported yesterday, a partner in a local architectural firm that has received $600,000 in no-bid contracts for a proposed homeless shelter has donated $73,000 to the Bergen County Democratic Organization in the past six years. Because of the loophole, the money didn't even have to be listed on the financial disclosure forms required of those doing business with the county.

In political parlance, these no-bid contracts are a classic case of "pay-to-play."

The architect, John Capazzi of RSC Architects of Cliffside Park, says he didn't expect preferential treatment, he just likes what the Democrats have done for the county. And County Executive Dennis McNerney -- who instituted the toothless ethics rules that allow rampant no-bid contracts and minimal disclosure from donors -- insists that RSC was chosen because it would do the best job.

Enough with the mutual admiration society.

This work should have been competitively bid. Why should insiders benefit while county taxpayers take it on the chin?

Small wonder that pay-to-play, no-bid contracts and their impact on county taxes will loom large in the county executive and freeholder races next fall.

Look for the candidates who say these magic words: No more no-bid contracts for political contributors.

Bernards intros 'Pay to play' law

By W. Jacob Perry, 2/2/06

BERNARDS TWP. - The Township Committee has proposed a "pay to play" ban that would prohibit political donors from receiving no-bid contract awards in excess of $17,500. The proposal was introduced in a 4-0 vote, with Committeeman Ali Chaudry absent, on Tuesday, Jan. 24.

A public hearing is scheduled for 7:30 p.m. Tuesday, Feb. 28, at town hall on Collyer Lane. The committee acted on state legislation, signed by then-Gov. Richard Codey on Thursday, Jan. 5, that allows municipalities to adopt "pay to play" restrictions.

Thomas Kashickey of Church Street, a Democrat who ran for the committee last year, presented the all-Republican governing body with a model ordinance on Tuesday, Jan. 10.

Mayor John Malay thanked Kashickey and said a proposal was being drafted. At last Tuesday's meeting, Malay told Kashickey that he hoped the committee's proposal "addresses your concerns." Kashickey said it did. "Thank you very much for bringing that to our attention," Malay added.

Committeeman John Carpenter, however, credited Republican Russell Struck for making the issue "front and center" when he ran for the committee in the 2004 GOP primary. Struck lost to Chaudry by a narrow margin.

The proposed ordinance is largely similar to Kashickey's model, which originated with Common Cause New Jersey and the Brennan Center for Justice at the New York University School of Law. But it also differs in some respects.

Under the proposal, no business entity could receive a no-bid municipal contract exceeding $17,500 if it had made any contribution of money or in-kind services in the past year to any township candidate, officeholder, township political party committee "or any political committee that regularly engages in the support of municipal elections or municipal parties."

That restriction was actually tougher than Kashickey's proposal, which allowed maximum contributions of $400 to town candidates and $500 to local and political parties up to the start of negotiations or the contracted performance. T

he town law would also apply to all of an entity's partners and directors - even those without an owner interest - whereas Kashickey's proposal applied to principals with a minimum equity of 10 percent.

The contractual threshold of $17,500 matches the state standard, Township Attorney John Belardo said after the meeting. The township's major consulting contracts for 2006, including the municipal attorney, municipal prosecutor, special counsel for tax appeals, labor counsel and municipal auditor, all exceed $17,500.

Belardo noted that the limit would apply not only to consultants but also to entities that sell goods to the township.

In advance of the contract agreement or award, the business entity would need to sign a sworn statement that it has made no political contributions in violation of the ordinance. If the ordinance were violated or there was an effort to circumvent it, the business entity would be banned from future township contracts for one year. Kashickey's proposal sought a ban of four years.

After the introduction vote, Kashickey told the committee he did not understand the $17,500 threshold but otherwise, "I was very pleased with the statute." "I like the fact that it's stricter in certain regards," he said.

Two years ago, when Struck called for a "pay to play" ban, he was running as a reform-minded "Bernards Republican" and charged that the GOP Municipal Committee had too many links with Realtors and developers.

The "Bernards Republicans," who last year defeated the party's old guard and the Democrats to win control of the governing body, include Malay, Carpenter and committee members Carolyn Kelly and Mary Pavlini, with Chaudry being the odd man out.

A letter to editor

Published in the Cranford Chronicle, 2/2/06

As a Cranford Citizen who has recently put myself forward as a candidate for local office, I'd like to add my comments to the current "Pay to Play" discussion. I hope we can soon end this discussion and all work together to move Cranford forward in a positive way. There is much to be done and this is a distraction to say the least ... we need to have an open and honest discussion about the problems, either perceived or real, and to agree on a solution.

I also read Bob Donovan's proposal that an ordinance be enacted which "forbids developers who have contributed to either a local campaigns or to any county freeholder campaign from entering into any contract with our township…." I whole heartedly agree with this proposal but would like to go even further and add that those who contribute to County Party Organizations and the Campaigns of state elected officials be banned as well. Both local campaigns have received contributions from various state senators and assemblymen of their respective parties. If we ban it, and we should, then let's ban ALL of it.

This is why it makes some sense to limit campaign contributions and further require that all contributions be generated from within Cranford. Why should a local citizen have to raise $25,000 or more to run for our local committee? Wouldn't it be refreshing to have Independent citizens run for local office and actually have a chance to win?

I would like to urge all Cranford citizens to become engage in this process. Learn about "pay to play" and how campaigns, even local ones are financed. A good source of information is a non partisan organization called Common Cause NJ. Please visit their website at www.commoncause.org/nj for more information. I urge our local officials to convene a panel or whatever vehicle can provide an open and honest discussion about this issue.

Lynda Feder, Cranford

Is that all there is?
Editorial Published in The Bergen Record, 1/13/06

AFTER years of promising to end the unseemly practice of giving fat government contracts to campaign contributors, County Executive Dennis McNerney and the Bergen freeholders waited until a weak state ban on pay-to-play took effect to enact their own weak copycat version.

Both the state law and the county resolution forbid county contractors from contributing to county officials or county party organizations. But both the state law and county resolution have a huge loophole that allows those same contractors to contribute to other party organizations, which can then transfer money back to county party coffers.

So when Mr. McNerney says he has fulfilled a campaign promise to ban pay-to-play, he is only half-right. He has done it in theory. But the money for his reelection campaign later this year is still going to pour in like Niagara Falls.

You can be sure that Mr. McNerney and the freeholders aren't going to do anything to limit their ability to raise as much money as possible. Bergen Democratic Chairman Joseph Ferriero wouldn't let them.

No matter that Governor Codey has just signed a law allowing counties and towns to pass tougher pay-to-play reforms than the state's. Mr. McNerney says he's "willing to look at all of it." He wants to wait and see what Jon Corzine does about campaign reform after he becomes governor next week.

But Mr. McNerney is not about to jeopardize his own reelection prospects or Mr. Ferriero's fiefdom.

Three years ago, the Democrats spent $4 million to the Republicans' $1.8 million in races for the county executive seat and two freeholder slots. And freeholders Bernadette McPherson and David Ganz spent 20 times as much as their Republican rivals last November to win reelection.

Since taking control of the freeholder board and county executive office in 2003, Democrats have awarded hundreds of thousands of dollars in contracts to generous political donors.

No matter what Mr. McNerney and the freeholders say about reform, keeping those generous donors happy is the name of the game.

Citizens should join Corzine in fight for reform

Published in the Bergen Record, Monday, January 9, 2006

By Harry Pozycki

As a new governor prepares to take office, New Jersey has begun to make progress in combating the political corruption that wastes tax dollars, distorts our politics and hurts our state's image. New Jersey now has significant pay-to-play protections on the state level - protections that reduce the link between political contributions and lucrative state contracts.

Further, legislation giving municipalities and counties clear and broad enabling authority to continue to adopt their own strong pay-to-play reforms was signed into law.

These and other reforms have been adopted because New Jersey citizens have begun to stand up and say no to the business-as-usual political practices that have cost our state so much.

For example, citizens and local elected officials in more than 60 New Jersey municipalities have gained adoption of strong local pay-to-play laws by personally petitioning their town councils and sometimes by forcing binding voter referendum on reform. And during the gubernatorial campaign, political corruption emerged as one of the two top issues of concern in all of the public opinion polls, with pay to play reform identified as the number one reform solution.

This wave of constructive citizen action and growing civic responsibility provides a foundation that Governor-elect Jon Corzine can build on. However, the new governor's reform agenda needs to go beyond specific new legislation and executive branch ethics improvements.

While winning the adoption of comprehensive pay-to-play reform and adopting executive branch ethics improvements are essential, they are not sufficient to change New Jersey's political culture for the long-term.

A new political culture that puts people before political bosses can only emerge through the stepped-up participation of New Jersey's citizens in government and politics. After all, political corruption has thrived in this state in large measure because citizens have remained on the sidelines. Most New Jersey citizens know little or nothing about our state's power structure.

Furthermore, research shows that New Jerseyans know less about their elected officials and state government than residents of other states. This is due mainly to the absence of New Jersey broadcast television news and a fragmented newspaper market.

Corzine should set a goal of making New Jersey's citizenry the most politically informed and powerful in the nation. As President Kennedy used the bully pulpit to issue a ringing call to service for a new generation and new programs such as the Peace Corps, Corzine should use the spotlight that only a governor can shine on a problem to enlist New Jersey citizens in the fight to reform our state.

This gubernatorial call-to-arms could include new programs to teach citizens how the political power structure works and about their legal rights, and to hold political and governmental leaders accountable. The plan could also include a gubernatorial initiative to open up the government appointments process so that more citizens can bring their leadership into public service.

For example, Rutgers University and other state colleges could be used to launch an aggressive adult education program to train adults in how to use their inherent power as citizens to improve their local, county and state governments. Further, Corzine could encourage all New Jerseyans to participate as members of local, county and state government boards and commissions.

To ensure that regular citizens have the opportunity to participate, Corzine can tear down the closed shop of government appointments by adopting a directory that lists all government appointments and vacancies, and guarantees an open selection process.

Our experience is that when New Jerseyans are asked to participate and are equipped with the tools and political education to exercise power, they respond.

Corzine has the unique opportunity to cultivate this fertile soil by empowering and challenging New Jersey's citizens to take responsibility for reforming the politics, and holding accountable, the governments of their towns and this state.

Harry S. Pozycki is chairman of Citizens' Campaign, an organization committed to increasing the power of citizens and reducing the influence of political bosses. For further information go to www.jointhecampaign.com.

Victory for open government activists. Court upholds city law requiring developers to disclose political contributions

Published in the Hoboken Reporter, 1/8/06

By Tom Jennemann

In September of 2004, the Hoboken City Council passed an ordinance that requires all developers seeking variances, waivers, or exceptions from the City's conventional development regulations to disclose how much campaign cash they gave to elected officials, political committees, and political parties that fund City of Hoboken elections.

The same goes for developers seeking any development approvals within the city's redevelopment zones. In the courtsThat ordinance was recently challenged in New Jersey Superior Court by Cingular Wireless, a company that wants to install several wireless communication facilities in Hoboken. Because several of the proposed locations for the antennas were in redevelopment areas, Cingular was required by ordinance to disclose what they have contributed to area politicians.

In October, Cingular filed for injunctive relief, restraining the city and the board from enforcing the ordinance. Lawyers for the corporation argued that the disclosure ordinance "effectively prevents Cingular's application from ever reaching the board for determination on the merits" of the application.

Cingular also argued that the ordinance is unconstitutional and imposes a "duplicative and unnecessary burden" for individuals who contribute to political campaigns.

In a strongly worded decision, Superior Court Judge Barbara A. Curran said that she recognizes that "reporting of financial disclosure information is complicated sometimes, but it is necessary and it does serve a public purpose." The judge ruled that that the developer disclosure requirements in the city's redevelopment zones were not "arbitrary or capricious," and added that the Hoboken City Council has the right to ensure that the development process is as open and transparent as possible. "Frankly," Curran said in her ruling, "in a city as densely populated as Hoboken, the money is to be made...within the blighted redevelopment areas." Curran added that the "the opportunity for improper conduct or undue influences are ripe within the redevelopment area.

The municipality has recognized that and is, through this ordinance, attempting to rectify that concern." She added the law authorizes Hoboken to enact ordinances "to promote the public health, safety, morals and general welfare."

A major win

The Planning Board's attorney argued the city's position. In addition, the Citizens' Campaign, a non-partisan grassroots group dedicated to increasing the power of citizens and reducing the influence of political money, submitted an amicus brief to the court.

Harry Pozycki, chairman of the Citizens Campaign, said that the over the past several years, major redevelopment projects in the state have been tainted by the undue influence of large campaign contributions. He added that this case has upheld the right of citizens to know if large campaign contributions or sound public planning is driving redevelopment work.

"This ruling is a victory for the citizens throughout New Jersey that have been passing pay-to-play reform and developer disclosure ordinances," said Pozycki. "This is especially a sweet victory for the citizens of Hoboken."

Latest on pay to play reform

This is just one in a recent series of victories for local advocates of campaign finance reform. In December the state Senate unanimously passed legislation that will allow Hoboken's more stringent anti-pay to play law to override the weaker state version.

Last November, Hoboken voters, by a 9 to 1 margin, passed a citywide referendum limiting how much funding prospective city contractors could contribute to local political campaigns. The idea was to cut the expectation that people doing business with City Hall would be involved in "pay to play," or donating money in order to get work. Giving money and getting city work as a result is illegal, but it is often hard to prove a correlation.

Some contractors might donate to a city government they support. But if their donations are limited, there is a smaller chance that city officials will be influenced by campaign contributions. Last year, the state Senate passed its own pay to play reform bill, which will go into effect in January.

Normally, state law overrides local law, so there were legitimate concerns from government watchdog groups that tougher local laws could have been voided by the weaker state law. State Sen. Joseph F. Vitale (D-Middlesex) and Republican Sen. Peter Inverso (R-Mercer) sponsored legislation that would allow local governments to enact their own versions of pay-to-play reform and to allow existing local reforms to remain.

The enabling legislation was sent to the floor of the Senate and it passed without opposition.

Mount Olive OKs changes to campaign finance law

Published in the Star Ledger, 12/07/05
By Kathleen G. Sutcliffe

The Mount Olive Township Council approved an amended version of the town's campaign finance law at a special meeting last night.

The amended version of the "pay-to-play" ordinance allows firms doing business with the town to give maximum annual contributions of $400 per candidate and $500 to Mount Olive political parties and political action committees.

The original ordinance, adopted in November, prohibited businesses and firms from making campaign contributions while they were negotiating for, or engaged in, public contracts with Mount Olive.

Councilman Jim Buell, who proposed the original ordinance, characterized the change as minimal and said he never meant for the law to place such strict limitations on public contractors.

"The original intent was to allow our public contractors to provide some (campaign) financing but not an outlandish amount," Buell said.

But Lauren Skowronski, executive director of the state chapter of Common Cause, said the change weakened the town's original law.

She said that Common Cause, a government watchdog group that has championed pay-to-play reform, recommends municipalities ban any political contributions from firms while they are negotiating for contracts or while they are carrying out a contract.

"Our ordinance has a zero (campaign contribution) limit during the period of performance," Skowronski said, referring to the model ordinance Common Cause drafted. "It's a time that's very susceptible to pay-to-play influence."

Skowronski also criticized Mount Olive for failing to close a crucial loophole: contributions made by businesses through county political committees.

"In any strong pay-to-play ordinance, you would list municipal as well the county party committee," Skowronski said. "It's like a smoke screen. It shows it's doing something but it's not going far enough."

The amended ordinance was approved in a 6-0 vote with Councilman Bernie Guenther absent.

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