N.J. Admin. Code § 6A:23A-6.3

Current through Register Vol. 56, No. 11, June 3, 2024
Section 6A:23A-6.3 - Contributions to district board of education members and contract awards
(a) As a condition of receiving State aid, each school district and CVSD shall have policies that comply with the provisions of this section to ensure the school district shall maintain honest and ethical relations with vendors and shall guard against favoritism, improvidence, extravagance, and corruption in its contracting processes and practices. The terms "business entity" and "interest" as used below are defined as set forth in P.L. 2004, c. 19.
1. No district board of education shall vote upon or award any contract in the amount of $ 17,500 or greater to any business entity that has made a contribution reportable by the recipient under P.L. 1973, c. 83 (N.J.S.A. 19:44A-1 et seq.), to a member of the district board of education during the preceding one-year period.
2. Contributions reportable by the recipient under P.L. 1973, c. 83 (N.J.S.A. 19:44A-1 et seq.), to any member of the district board of education from any business entity doing business with the school district shall be prohibited during the term of a contract.
3. When a business entity referred to in (a)2 above is a natural person, a contribution by that person's spouse or child who resides therewith shall be deemed to be a contribution by the business entity. Where a business entity is other than a natural person, a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution by the business entity.
4. The disclosure requirement set forth in section 2 of P.L. 2005, c. 271 (19:44A-20.2 6) also shall apply when the contract is required by law to be publicly advertised for bids.
5. This subsection shall not apply to a contract when a school district emergency requires the immediate delivery of goods or services.
6. With the exception of school districts previously subject to the requirements of N.J.A.C. 6A:10-2.1(e), this subsection shall not apply to contributions made prior to the effective date of these rules.

N.J. Admin. Code § 6A:23A-6.3

Amended by 49 N.J.R. 1038(a), effective 5/1/2017