Officials, Resident Debate Proposed Pay-to-Play Ban's Readiness

Township officials expressed reservations that a citizens group's proposed pay-to-play ban could hinder, if not block, future shared-services agreements.

The citizens group vowed to use the tools available to it to push the patronage ban to a vote—whether it is council members or township residents voting on the measure—following an hour-plus discussion on the proposed legislation Monday night.

South Jersey Citizens (SJC) were hopeful Council would move the pay-to-play ordinance to its agenda for its June 13 meeting following Monday night's discussion.

That did not happen, although Council President Glen Bianchini did order Solicitor David Carlamere to begin researching and drafting an ordinance "ASAP." 

Bianchini and other Council members requested that the ordinance take into account the township possibly entering shared-services agreements with municipalities that do not have similar bans on campaign contributions from contractors.

"We need to determine where the conflicts are with enacting this," Councilman Dan Hutchison said. "Since our mayor (David Mayer) has taken office, we have probably been the leader of shared services in our county and, I would argue confidently, in the state."

Currently, 13 of 36 Camden County towns, including Cherry Hill Township, and about 100 municipalities across the state have adopted the proposed pay-to-play ban, which was drafted five years ago by the Citizens' Campaign.

SJC political director Joshua Berry, who discussed the ban with Council Monday night and on May 23, expressed his concern Council is playing a "game."

"I'm not buying it. They're stalling," he said, noting he provided township officials with a copy of the proposed ordinance on May 19.

As such, Berry and his colleagues began collecting residents' signatures on a petition immediately following the meeting.

By collecting signatures from the number of residents equivalent to 10 percent of the number who voted in the 2009 election (about 17,500), SJC can effectively force Council to take action on the proposed ban through the initiative-and-referendum process.

By collecting 15 percent, SJC could put the measure to the people in the form of a referendum.

Berry noted he hopes it doesn't need to go that far.

"I will work with Councilman Hutchison. Absolutely," he said.

In addition to concerns over the proposed ban's potential impact on shared-services agreements, Hutchison, as well as Council Vice President Orlando Mercado, also broached the subject of "secret money," or campaign contributions individuals or companies can make through nonprofit organizations.

"I want us to be the leaders in stopping 'secret money,' " Hutchison said.

Hutchison claimed Republicans used a lot of "secret money" against him in 2009. He fears the SJC proposed ban "encourages subversion," and wondered aloud whether local governments can do anything to curb the practice currently regulated by federal election officials.

"We know where the money came from when I ran, but the other team, they used money from Washington, from the state," he said.

Gloucester Township Republican Municipal Committee Chairman Ray Polidoro declined a chance to address Hutchison's comments following the meeting.

Bianchini began the hour-long discussion by asking Berry to explain how the proposed ban is different from the state statute that seeks to curb patronage jobs.

Berry pointed to three "major, glaring loopholes" in the state law.

The "fair and open" exception, he said, allows businesses doing work for municipalities to continue to make large campaign contributions—he pointed to engineering firm Remington & Vernick's $20,400 in 2009 contributions to Gloucester Township Democrats a number of times.

Berry also noted it allows for "wheeling," or the practice of a political party member in a town that does not have a pay-to-play ban moving a contractor's contribution to a fellow party member in a town that does.

The third biggest problem with the state law, he said, is it does not address the post-contract period.

"For instance, let's just say I get a contract with you and I haven't donated any funds whatsoever, fully compliant with pay to play," he said. "With the state law today, I can then start donating."

The pay-to-play ban is part of SJC's 14-point plan for better government in South Jersey.

Berry reached for humor when asked by Hutchison if he and SJC could guarantee that Council's adopting the ban would not jeopardize future shared-services agreements.

"I can't guarantee you I won't get hit by a bus on the way home," he said.