People for Open Government
25-3. Public disclosure.
25-4. Privacy statement.
25-5. E-mail senders.
25-6. Electronic form filers.
[HISTORY: Adopted by the Mayor and Council of the City of Hoboken8-11-2004 as Ord. No. DR-149. Amendments noted where applicable.]
E-MAIL Messages sent from one person or entity to another via computer.
INTERNET A matrix of networks that connects computers throughout the world.
PUBLIC INFORMATION AND DOCUMENTS Records made and maintained and received or kept on file in the course of official business including but not limited to agendas, minutes (including executive session minutes when they become public), resolutions, proposed ordinances and resolutions, all city codes, the Master Plan, consultant reports, municipal budgets (not including worksheets), contracts, licenses, tax records, landlord registration forms, financial disclosure forms, bidders lists (when complete), lists of members of municipal boards and commissions including their terms of office, and such other information and/or records generated by the Mayor and the City Council and all municipal departments, boards, commissions, agencies, utilities, authorities and such other entities and instrumentalities of municipal government and that are not confidential in nature and whose release is not forbidden by law. Any unlisted telephone numbers, social security numbers, driver license numbers, credit card numbers and other private information determined by law not to be public that is contained in the foregoing shall be deleted or obliterated. "Public information and documents" shall include all records not specifically exempted by New Jersey's Open Public Records Act ("OPRA") (N.J.S.A. 47:1A-1 et seq.), as amended and supplemented.
WEBSITE A set of interconnected documents and the World Wide Web, including a homepage, prepared and maintained as a collection of information.
WORLD WIDE WEB The complete set of documents residing on all Internet servers that use the HTTP protocol, accessible to users via a simple point-and-click system.
A. The City of Hoboken has established a Website ("Hoboken Web Site") and has registered it with the domain name of www.hobokennj.org. The City of Hoboken shall create and post on the Web site an e-mail address for the City Clerk's Office, in order to respond to requests for public information and documents. The City of Hoboken shall post on the Hoboken Web Site, along with a standard phone contact list, the e-mail; addresses for city assigned e-mail addresses for employees. Certain employees have been assigned e-mail addresses in order to promote efficient communication with the public and other agencies and companies whereas their job functions require such communication.
B. All notices and agendas required by law to be posted publicly and/or published shall be also posted on the Hoboken Web Site. These postings shall be done in a timely manner in respect to the posting/publishing to its printed counterpart. All postings shall remain on the Hoboken Web Site, enabling citizens to review archived information. The City of Hoboken retains the right to remove archived information, if such archived information is impeding on the storage capability to publish new information.
C. The City Clerk's Office shall accept all requests for public information and documents submitted via e-mail, in addition to such requests submitted on paper or via facsimile transmission. Such requests may also be filed on forms which shall be available in downloadable form on the Hoboken Web Site.
D. The city's response to requests for public information and documents shall include the use of e-mail, if so requested. The requesting entity shall provide the necessary e-mail address so that the request can be fulfilled.
E. E-mail directed to the City of Hoboken or its employees may be retained as part of the public record, and these communications may be available through public information requests. Because of the public information nature of the Hoboken Web Site, users should have no assumption of privacy, as any information that may be provided by an individual or his/her system can become public information.
Individuals who visit the City of Hoboken website are important to the city. Because visitors to the website are important, the city does not capture personal information about them without their permission. The city endeavors to collect only the minimum amount of information needed to meet the purposes for which the website was created.
All information collected on the City of Hoboken website will be treated the same as any written communication and is subject to the confidentiality and public disclosure laws of the State of New Jersey.
Visitors to the City of Hoboken Website should be advised that the city may collect information about visitors who view or download information from the city website, such as the date and time the site is visited, the type of web browser or other client software that made the request to the city web server or its off-site server provider, the Internet Protocol (IP) address of the visitor, the amount of data sent by the city server to the visitor, or error code information.
The information collected is to be used to improve the content of the provided city web services and to help understand how people are using the services. Website logs are analyzed to continually improve the value of the materials available on the website. Such website log information is not personally identifiable, and the city will make no attempt to link it with the individuals that browse the city website.
"Personally identifiable information" is information about a person that is readily identifiable to that specific individual. It includes, for example, an individual's name, street address, e-mail address, or phone number.
Personally identifiable information will not be collected unless an individual voluntarily sends an e-mail message, fills out and send an online form, or fills out personal information and sends in a survey. The choice not to participate in these activities will not impair an individual's ability to access certain information or obtain a service online.
Unless specifically protected under state law, any information provided may be inspected by the public or disclosed in a legal proceeding.
E-mail messages sent to the City of Hoboken Website will be treated the same as any other written communication. They may be subject to public inspection or legal disclosure and may be saved for a period of time before they are destroyed. E-mail or other information requests sent to the municipal website may be maintained in order to respond to the request, forward that request to the appropriate agency, or to provide the web designer with valuable customer feedback to assist in improving the site. E-mail addresses obtained as a result of a request to the municipal site will not be sold or given to private companies for marketing purposes.
Any other information provided by a visitor at the request of the City of Hoboken, such as the completion and electronic filing of a form, will be considered to be voluntarily provided by the visitor and will be treated in the same manner as information provided in written form or in person during a visit to the agency. Information provided may be subject to public inspection and legal disclosure and may be saved for a period of time before it is destroyed.
The City of Hoboken collects, retains and utilizes the e-mail address of website visitors only when they volunteer to subscribe to document folders on the municipality's website. The information is used to administer subscriber accounts and to provide documents requested by e-mail subscribers. Records containing personal information about e-mail subscribers are confidential and may only be released with the express written permission of the subscriber.
Cookies are small text files that a web server may ask your web browser to store, and to send back to the web server when needed. Cookies may be used to store a transaction identifier to other information a user may provide.
The City of Hoboken does not utilize cookies in order to track visits to its website.
Neither the City of Hoboken, nor any agency, officer, or employee of the City of Hoboken warrants the accuracy, reliability or timeliness of any information published on the City of Hoboken Website, nor endorses any products or services linked from this system, and shall not be held liable for any losses caused by reliance on the accuracy, reliability or timeliness of such information. Portions of the information may be incorrect or not current. Any person or entity that relies on any information obtained from this system does so at his or her own risk.
Various websites may be linked through the City of Hoboken Website. Visitors to those sites are advised to check the privacy statements of those sites and be cautious about providing personally identifiable information without a clear understanding of how the information will be used.
The Council declined to enact the Public Contracting Reform Ordinance. Instead, the Council resolved to place its own weaker version of the ordinance on the ballot in November, where it would compete with the POG ordinance. In response, POG initiated an action in court seeking to prevent the City from delegating its legislative authority to the voters and subverting the initiative and referendum process. See POG v. Inclan Docket No. HUD-L-4812-04. The trial court first halted the printing of the ballots, then agreed with plaintiffs and determined the City Council did not have the authority to place an ordinance on the ballot to compete with the citizen-initiated POG ordinance.
20B-1. Short title.
20B-4. General provisions.
[HISTORY: Adopted by the Mayor and Council of the City of Hoboken8-11-2004 as Ord. No. DR-152. Amendments noted where applicable.]
Contribution Disclosures Ordinance.
Municipal Master Plans include well thought out, long-term decisions about the development capacity of the community.
Municipal Master Plans are implemented through the enactment of local land use ordinances.
Deviations from these local ordinances by way of variances pursuant to N.J.S.A. 40:55D-70d and N.J.S.A. 40:55D-70c, as well as exceptions and waivers pursuant to N.J.S.A. 40:55D-51, provide opportunities for significant private gain.
The redevelopment process currently underway within the City of Hoboken also provides opportunities for significant private gain.
Openness in government and a fair and impartial variance, waiver and exception application process is crucial to assuring the continuing integrity of the municipal Master Plan, its implementing ordinances and the integrity of the application process.
Disclosure of political contributions by property owners, developers, redevelopers and professionals will enhance the City's existing commitment to openness in government and provide further guarantees for a fair and impartial application and approval process.
Disclosure of political contributions by property owners, developers, redevelopers and professionals will effectuate the purposes of the Municipal Land Use Law to promote morals and the general welfare.
The Mayor and City Council of the City of Hoboken, having considered the foregoing, believe that it is in the best interests of the residents of the City of Hoboken to enact the within chapter.
It is accordingly found and determined that the paramount public interest in enhancing the City's commitment to openness in government, and in providing further guarantees for a fair and impartial variance, waiver and exception application process, and in promoting morals and the general welfare, requires the disclosure of political contributions by property owners, developers, redevelopers and professionals within the City as a component of making application to the City for certain approvals, and requires the supplementation of the municipal application checklists to mandate the listing of specified political contributions made by property owners, developers, redevelopers and the professionals whose services they use.
APPLICATION CHECKLIST The list of submission requirements adopted by ordinance and provided by municipal agencies to a developer pursuant to N.J.S.A. 40:55D-10.3.
CONTRIBUTION Every loan, gift, subscription, advance or transfer of money or other thing of value, including any item of real property or personal property, tangible or intangible (but not including services provided without compensation by individuals volunteering a part or all of their time on behalf of a candidate, committee or organization), made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee and any pledge, promise or other commitment or assumption of liability to make such transfer. For purposes of reports required under the provisions of the chapter, any such commitment or assumption shall be deemed to have been a contribution upon the date when such commitment is made or liability assumed.
CONTRIBUTION DISCLOSURE STATEMENT A list specifying the amount, date, and the recipient of any and all contributions made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee of, or pertaining to, the City of Hoboken, made prior to filling the application with or seeking approval from the City, and required to be reported pursuant to N.J.S.A. 19:44A-1, et seq. The disclosure shall include all such contributions made during the time period measuring from one (1) year prior to the last municipal election through the time of filing the application with or seeking approval from the City. There shall be a continuing disclosure responsibility to require continuing disclosure of any such contributions made following the filing of the "Contribution Disclosure Statement" and during the pendency of the application and/or approval process.
DEVELOPER A developer as defined by N.J.S.A. 40:55D-4, i.e. the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. The term "developer" includes any applicant or entity that wishes to undertake redevelopment activity within the City of Hoboken pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.
MUNICIPAL AGENCIES The Municipal Planning Board, the Municipal Zoning Board of Adjustment, and the Municipal governing body acting as the Redevelopment Agency pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.
PROFESSIONAL Any person or entity whose principals are required to be licensed by New Jersey Law and who supplies legal representation, expert testimony or written reports in support of an application. Professionals shall include both any individuals supplying the representation, testimonies or reports and the firms or entities in which said individuals practice.
A. Disclosure requirements.
(1) Any applicant for a variance pursuant to N.J.S.A. 40:55D-70d or a variance pursuant to N.J.S.A. 40:55D-70c in conjunction with any application for any subdivision pursuant to local ordinance or a site plan not considered a minor site plan pursuant to local ordinance, as well as any application for a subdivision pursuant to local ordinance or site plan not considered a minor site plan pursuant to local ordinance requiring waivers or exceptions pursuant to N.J.S.A. 40:55D-51, as well as any applicant who wishes to undertake redevelopment activity within the City of Hoboken pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq., shall include in its application with and/or submit to the relevant municipal agency a Contribution Disclosure Statement for all developers involved in the said application; all associates of said developers who would be subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2 shall also be subject to this requirement; and all professionals who apply for or provide testimony, plans, or reports in support of said application or who have an enforceable proprietary interest in the property or development which is the subject of the application or whose fee in whole or part is contingent upon the outcome of the application shall also be subject to this requirement. Regardless of whether the owner of the property, which is the subject of the application falls in any of the categories established in the preceding sentence, the applicant shall include in its application to the relevant municipal agency a Contribution Disclosure Statement for said owner.
(2) During the pendency of the application process until the final approval associated with the application is granted, any applicant required to comply with this chapter shall amend its Contribution Disclosure Statement to include continuing disclosure of all contributions within the scope of disclosure requirement of the above paragraph.
B. Inclusion of Contribution Disclosure Statements as an element of the Application Checklist.
(1) An Application Checklist ordinance is hereby adopted pursuant to N.J.S.A. 40:55D-10.3 to require that the Contribution Disclosure Statements specified in subsection A. of this section be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70d, as well as for relief pursuant to N.J.S.A. 40:55D-70c, or for relief pursuant to N.J.S.A. 40:55D-51 in applications for site plan and not considered to be minor site plans pursuant to local ordinance, or for approval to undertake redevelopment activity within the City of Hoboken pursuant to the New Jersey Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1, et seq.
(2) The City's municipal agencies shall amend their Application Checklists to include the Contribution Disclosure Statements specified in subsection A. of this section.
(3) An application shall not be deemed complete by the administrative official or accepted for public hearing by the municipal agency until the required Contribution Disclosure Statements are submitted.
C. Availability of Contribution Disclosure Statements. All Contribution Disclosure Statements shall be available in the office of the administrative officer for review by any member of the public.
D. Intent of Contribution Disclosure Statements. It is the intent of this chapter that Contribution Disclosure Statements shall serve solely as a means to inform the public and shall not serve in any manner as evidence relevant to the decision-making criteria for granting or denying requested variances or other approvals. Such decisions shall continue to be governed strictly under the relevant criteria set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq., or other relevant law.
Competitive Negotiations for
Professional Services Contracts
20A-1. Short title.
20A-4. General provisions.
Campaign Contributions by
Professional Business Entities
20A-6. Prohibition on awarding public contracts to certain contributors.
20A-7. Contributions made prior to the effective date.
20A-8. Contribution statement by professional business entity.
20A-9. Return of excess contributions.
[HISTORY: Article I adopted by the Mayor and Council of the City of Hoboken7-30-2004 as Ord. No. DR-154. Article II was approved by referendum by the voters of the City of Hoboken at the General Election of November 2, 2004. Amendments noted where applicable.]
Competitive Negotiation Ordinance.
This municipality has a strong commitment to open and fair competition. Qualification based, competitive, negotiation procedures help to ensure open and fair competition through published rules and decision-making criteria.
It is accordingly found and determined that the paramount public interest is served by requiring that the city award all contracts or agreements to outside consultants for the provision of professional services on the basis of competitive negotiation.
PROFESSIONAL SERVICES For purposes of this chapter means, as defined at N.J.S.A. 40A:11-2(6), services rendered or performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. For purposes of this chapter, however, professional services shall not include professional artistic services as defined at N.J.S.A. 40A:11-2(6). Professional services shall include financial services or insurance services.
A. The municipality shall award all contacts or agreements for the provision of professional services on the basis of qualification based, competitive negotiation.
B. Professional service contract requests for proposal shall be published by the posting of a public notice at least ten (10) days prior to the awarding of any contract for professional services.
C. The public notice shall be:
(1) Prominently posted in the public place reserved for Sunshine Law notices;
(2) Mailed, telephoned, telegrammed, e-mailed or hand delivered to at least two (2) newspapers designated to receive such notices because they have the greatest likelihood of informing the public within the municipality, one (1) of which shall be the official newspaper of the municipality; and
(3) Filed with the Clerk of the municipality.
D. The public notice shall, at minimum, include:
(1) A description of the professional services needed, including, where appropriate a description of tasks involved.
(2) Threshold qualification requirements setting the highest possible, minimum standards for qualifying to compete for the particular services and tasks involved.
(3) Notice that standardized submission requirements and selection criteria are on file and available at a stated location in the city.
(4) Deadline and place for all submissions.
E. Standardized submission requirements shall include:
(1) Names and roles of the individuals who will perform the task and a description of their experience with projects similar to the matter being advertised.
(2) References and record of success.
(3) Description of ability to provide the services in a timely fashion (including staffing, familiarity and location of key staff).
(4) Cost details, including the hourly rates of each of the individuals who will perform services and time estimates for each individual, all expenses, and, where appropriate, total cost of "not to exceed" amount.
F. The selection criteria to be used in awarding a contract or agreement for professional services shall include:
(1) Qualifications of the individuals who will perform the tasks and the amounts of their respective participation.
(2) Experience and references.
(3) Ability to perform the task in a timely fashion, including staffing and familiarity with subject matter.
(4) Cost competitiveness.
G. All submissions shall be kept on file during the term of the related contract, and shall be public records after the deadline for the submission of proposals.
H. H. In the event that compliance with part of all of the requirements of this chapter is impracticable as regards a particular contract or agreement, the City Council may waive part or all of the requirements by a majority vote of the full Council together with publication of a resolution setting forth with specificity the reasons such waiver is required.
[Approval by referendum by the voters of the
City of Hoboken at General Election of 11-2-04]
Professional business entities are exempt from public bidding requirements.
It has become common for professional business entities to make substantial political contributions to the election campaigns of the local government elected officers who are ultimately responsible for awarding professional service contracts or other contracts or agreements which are not subject to public bidding.
Substantial local political contributions from professional business entities receiving discretionary contracts from the elected officials who receive such contributions raise reasonable concerns or the part of taxpayers as to their trust in the process of local government, if not the quality or cost of services received.
Pursuant to N.J.S.A. 40A:11-5 and N.J.S.A. 40:48-2, municipalities have the right to establish rules and procedures for contracting with professional business entities, now therefore, be it resolved, that the policy of the City of Hoboken will be to set maximum amounts professional business entities may contribute politically beyond which they become ineligible to receive a public professional service contract from the City of Hoboken.
A. Any other provision of law to the contrary notwithstanding, the municipality or any of its purchasing agents or agencies or those of its independent authorities, as the case may be, shall not enter into an agreement or otherwise contract to procure services, including banking services/relationships, legal or insurance coverage, or any other no-bid consulting services, from any professional business entity, if that entity has solicited or made any contribution of money; or pledge of a contribution, including in-kind contributions, to a campaign committee of any Hoboken candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any Hoboken or Hudson County party committee, or to any political action committee (PAC) that is organized for the primary purpose of promoting or supporting Hoboken municipal candidates or municipal officeholders in excess of the thresholds specified in Subsection D. within two (2) calendar years immediately preceding the date of the contract or agreement.
B. No professional business entity which enters into negotiations for, or agrees to, any contract or agreement with the municipality of any department or agency thereof or of its independent authorities for the rendition of professional, banking or insurance coverage services or any other no-bid consultants shall knowingly solicit or make any contribution of money, or pledge of a contribution, including in-kind contributions, to any Hoboken candidate or holder of the public office having ultimate responsibility for the award of the contract, or to any Hoboken or Hudson County party committee, or to any PAC that is organized for the primary purpose of promoting or supporting Hoboken municipal candidates or municipal officeholders between the time of first communications between that business entity and the City of Hoboken regarding a specific professional services agreement and the later of the termination of negotiations or the completion of the contract or agreement.
C. For purposes of this Article, a "professional business entity" seeking a public contract means an individual including the individual's spouse, if any, and any children; person; firm; corporation; professional corporation; partnership; organization; or association. The definition of a business entity includes all principals who own ten percent (10%) or more of the equity in the corporation or business trust, partners, and officers in the aggregate employed by the entity as well as any subsidiaries directly controlled by the business entity.
D. Any individual meeting the definition of "professional business entity" under this section may annually contribute a maximum of four hundred dollars ($400.) each for any purpose to any candidate, for Mayor or Council, or five hundred dollars ($500.) to the Hoboken or Hudson County party committee, or to a PAC referenced in this Article, without violating Subsection A. of this section. However, any group of individuals meeting the definition of "professional business entity" under this section, including such principals, partners, and officers of the entity in the aggregate, may not annually contribute for any purpose in excess of two thousand five hundred dollars ($2,500.) to all Hoboken candidates and officeholders with ultimate responsibility for the award of the contract, and all Hoboken or Hudson County political parties and PACs referenced in this Article combined, without violating Subsection A. of this section.
E. For purposes of this section, the office that is considered to have ultimate responsibility for the award of the contract shall be:
(1) The Hoboken City Council, if the contract requires approval or appropriation from the Council.
(2) The Mayor of Hoboken, if the contract requires approval of the Mayor, or if a public officer or board member who is responsible for the award of a contract is appointed by the Mayor.
No contribution of money or any other thing of value, including in-kind contributions, made by a professional business entity to any municipal candidate for Mayor or Council, or municipal or County party committee or PAC referenced in this Article shall be deemed a violation of this Article, nor shall an agreement for property, goods, or services, of any kind whatsoever, be disqualified thereby, if that contribution was made by the professional business entity prior to the effective date of this Article.1
A. Prior to awarding any contract or agreement to procure services, including banking services/relationships and legal or insurance coverage services or any other no-bid consulting service, with any professional business entity, the City of Hoboken or any of its purchasing agents or agencies, as the case may be, shall receive a sworn statement from the professional business entity made under penalty of perjury that the bidder or offer or has not made a contribution in violation of Section 20A-6 of this Article.
B. The professional business entity shall have a continuing duty to report any violations of this Act that may occur during the negotiation or duration of a contract. The certification required under this subsection shall be made prior to entry into the contract or agreement with the City and shall be in addition to any other certifications that may be required by any other provision of law.
A professional business entity or municipal candidate or officeholder or municipal or county party committee or PAC referenced in this ordinance may cure a violation of Section 20A-6 of this Article, if, within thirty (30) days after the general election, the professional business entity notifies the Hoboken City Council in writing and seeks and receives reimbursement of a contribution from the City of Hoboken candidate or municipal or county political party or PAC referenced in this Article.
A. All City of Hoboken professional service agreements shall provide that it shall be a material breach of the terms of the government contract for a professional business entity as defined in Section 20A-6C to violate, or to aid or abet a violation of Section 20A-6 B or D or to knowingly conceal or misrepresent contributions given or received, or to make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution.
B. Any professional business entity as defined in Section 20A-6C who knowingly fails to reveal a contribution made in violation of this Article, or who knowingly makes or solicits contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution, shall be disqualified from eligibility for future City contracts for a period of four (4) calendar years from the date of the violation.