Developers' disclosure ordinance is law in boro
Resident says political contribution measure doesn't go far enough
BY LAYLI WHYTE
Staff Writer

RED BANK - Developers with projects before the Planning and Zoning boards will be required to disclose political contributions under an amended disclosure ordinance adopted by the Borough Council last week.

The ordinance requires that disclosure of contributions of more than $400 by developers of major projects must be filed with the borough clerk.

The ordinance became borough law eight months ago. However, a line-item veto by Mayor Edward J. McKenna Jr. removed the requirement that disclosure be filed with the Planning and Zoning Office

McKenna said at the time that making the disclosure a part of the checklist for applications was not legal under the state Municipal Land Use Law (MLUL).

The final vote on the amendment to the ordinance was taken at the council's Aug.14 meeting, and the vote was unanimously in favor of the ordinance.

The original version of the ordinance proposed by former Councilwoman Jennifer Beck, now a state assemblywoman, required that the disclosure be part of the development checklist for applications filed with the Planning and Zoning Office.

However, McKenna objected and exercised his prerogative to line-item veto the provision, saying that the requirement could open the borough to litigation from developers.

The ordinance as passed requires that the disclosure of contributions - which includes money, in-kind services or pledges - must be filed with the Borough Clerk at least 10 days before a public hearing on the developer's application.

The disclosure must include all campaign contributions of more than $400 per year made during the preceding three-year period.

Beck had argued for the disclosure of contributions as important in order to open government.

"The core of the issue," said Beck last November, "is that developers are giving to [Political Action Committees] and that money is being given back to Red Bank political campaigns, which influences how developers applications are considered."

Borough resident Steve Fitzpatrick, Chestnut Street, said that the ordinance still does not go far enough.

Fitzpatrick, who worked closely with Beck on the drafting of the original ordinance, said at the Aug. 14 council meeting that he believes campaign contributions made by professionals, such as attorneys and engineers, who are hired by developers should also be included under the disclosure provisions.

"The developer of a major project doesn't have to make the contribution," Fitzpatrick said. "He can have one of his professionals do it. If you review the campaign contributions, they will indicate that a lot of money is being pumped into campaigns by development professionals."

Assistant Borough Attorney Thomas Hall said that the professionals are not required by the ordinance to disclose campaign contributions and that another amendment would have to be passed by the council to change that.

Fitzpatrick asked the mayor and council about campaign contributions made during their most recent campaigns.

McKenna and Councilman Pasquale Menna, both Democrats, assured Fitzpatrick that all contributions made to the Democratic Party of Red Bank are reported.

"Not only do we look very closely at who is making these contributions," said McKenna, "but we actually send money back to people we don't wish to take money from."