Pay-to-Play Defeated

Significant Anti Pay to Play legislation was defeated by Democrats

October 28th, 2003 was a sad night for campaign finance reform in Franklin Township. The Council passed a very weakened version of the Pay-to-Play ordinance that Councilman and Mayoral Candidate Levine originally proposed. The purpose of the proposed Pay-to-Play ordinance is to limit how much professionals (attorneys, engineers, etc.) can contribute to political campaigns ("Pay") to get Township contracts ("Play"). In a straight party line vote the motion to strengthen the legislation was defeated by Democrats Shirley Eberle, William Grippo, Fred A. McKenzie, Willis Sumter and Upendra Chivukula. Of note Mr. Chivukula was argumentative with Mr. Levine and spoke over Mr. Levine when he tried to respond to Mr. Chivukula. Mr. Chivukula spearheaded the Democrat push to prevent a useful ordinance from being passed. His opinion was based largely decision from Office of Legislative Services (OLS) but Mr. Chivukula failed to bring it to the Council meeting so that the full Council could scrutinize it. All Republicans, Brian Levine, Karen Ferguson, Catherine Barrier and Robert Mettler, voted for the stronger law that would limit the amount of contributions funneled through County political organizations.

The Township Attorney Louis N. Rainone significantly influenced the discussion. Mr. Rainone's point, as we understand it, is that the Township cannot make laws regarding contributions to the county. The Republicans countered that it can because this money effects the Township.

Ms. Barrier was able to learn from Mr. Rainone that 10 other municipalities have passed the stronger legislation. She also learned from Mr. Rainone that to date it has not yet been challenged. Mr. Rainone countered that there has not been sufficient time for a challenge to be mounted.

TUF would like to point out that Mr. Rainone is a member of the law firm Decotiis, Fitzpatrick, Cole & Wisler LLP (Teaneck, NJ) That firm made reported donations of $10,000 to the Somerset County Democratic Committee (See the bottom of the document). This information is available from the state site (broken link). His firm receives approximately $300,000 per year from the Township in legal fees. Had this law passed, Mr. Rainone would either not be allowed to be Township Attorney or his firm would have to stop contributing.

TUF believes that Mr. Rainone has a conflict of interest and should have recused himself from the discussion. It is also inappropriate that a major point of his argument was based on a document that he could not produce.

Because of his strong opposition to this meaningful way to control the Township expenses TUF is forced to withdraw it's endorsement of Upendra Chivukula for State Assembly.

The included document also shows contributions from Schoor Depalma Inc. This organization frequently contracts for the Township. Under a full Pay to Play ordinance those contributions would either have to stop or Schoor Depalma Inc. would no longer be able to contract. Under the current Pay to Play both Mr. Rainone's firm and Schoor Depalma Inc. many continue to influence our Township with political contributions.