Controversial OPRA bill is on the fast track

Presented by Alibaba: Matt Friedman's must-read briefing on the Garden State's important news of the day
Mar 07, 2024 View in browser
 
New Jersey Playbook

By Matt Friedman

Presented by

Alibaba

Good Thursday morning!

Say what you will about the New Jersey Legislature, but they don’t lack a sense of irony.

A bill to overhaul the Open Public Records Act was introduced on Monday, became available online Tuesday and will get its first committee hearings in the Senate and Assembly this coming Monday. That’s less than a week for reporters, advocates and interested members of the public to digest this major bill…. that deals with government transparency.

The League of Municipalities likes it and thinks it will be an effective tool in fighting commercial mas requests for records. And its top sponsor, Sen. Paul Sarlo, says it was carefully crafted with input from all stakeholders — including groups that advocate for more expansive records like the ACLU-NJ.

Joe Johnson, the New Jersey ACLU’s policy counsel, told me his group gave input to Sarlo. Sarlo just chose not to use it. “It doesn’t seem that our concerns swayed the content of this bill," he said.

The biggest part of the bill most advocates take issue with is the change in how legal fees are awarded. Previously, if you prevailed in a challenge to an OPRA denial, the government agency in question had to foot your legal bill. Under this bill, that would be changed from a “shall” to a “may,” leaving it at the discretion of a judge or Government Records Council member.

There’s a lot more that I don’t have space to go into here. The bill maybe could have been a lot worse. But on balance, advocates like Johnson say, it erodes some transparency without increasing it anywhere.

TIPS? FEEDBACK? Email me at mfriedman@politico.com

QUOTE OF THE DAY: “We certainly relish the community's help in bringing attention to the pickle we were in yesterday when trying to identify the young man involved in the incident at the Heritage's store in town. We are happy to report that he personally called and took accountability for his actions. Going forward, we would be dillighted if other incidents, especially those of a more serious nature, get the same exposure.” — Glassboro police on the “young man” who put his head into a store’s pickle bin, ruining the batch and leaving employees sour.

HAPPY BIRTHDAY — Steven Gardner, Wendy Sturgeon, Justin Rivera, Daniel Weinberg

WHERE’S MURPHY? —In Asbury Park at 11 a.m. to unveil the North 2 Shore festival lineup

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WHAT TRENTON MADE


FAST-TRACKED, UNLIKE NJ TRANSIT TRAINS — Gas tax increase could get quick votes, avoid larger budget fight, by POLITICO’s Ry Rivard: plan to raise the state’s gas tax by nearly 10 cents over the next five years to fund infrastructure projects is on a fast track as supporters are eager to avoid the political chaos that happened the last time lawmakers raised it … The Assembly’s transportation committee will take up a bill on Thursday morning. The identical bill in the Senate, sponsored by Senate President Nick Scutari, will get a hearing next week. At this rate, a bill could reach Murphy’s desk after floor votes on March 18, the last day before lawmakers begin weeks of committee hearings to pick through Murphy’s separate state budget proposal. Supporters of the gas tax increase want that speed to avoid the chance that plans to boost the trust fund get mixed up in more complicated budget fights later this spring, like the brewing dispute over Murphy’s plan to increase taxes on the state’s largest businesses to fill budget gaps at New Jersey Transit.

—“Murphy eyes new fee on warehouse truck traffic

—“Groups appeal wind energy contracts awarded by New Jersey BPU” 

—Opinion: “With federal COVID funds running dry, New Jersey must get its fiscal house in order” 

BIDEN TIME


MORAN VS. MORAN — Tammy Murphy hires veteran operative Maggie Moran to be new campaign manager, by POLITICO’s Daniel Han: First lady Tammy Murphy has tapped longtime Democratic operative Maggie Moran to be her campaign manager to guide her Senate bid. The new hire comes after Murphy’s prior campaign manager, Max Glass, left after only a few weeks on the job … Moran worked at Kivvit, a public relations firm, from 2015 to 2022, according to her LinkedIn page. She’s managed several statewide Democratic campaigns, including as Al Gore’s New Jersey state director in 2000 and leading former Sen. Frank Lautenberg’s 2002 election and Gov. Jon Corzine’s reelection bid in 2009. More recently she was campaign manager for New York Gov. Andrew Cuomo’s 2018 reelection. Moran declined to do crisis communications for Cuomo as his reputation plummeted due to sexual harassment accusations, according to a July 2021 deposition, even as the governor offered her firm $100,000 a month. The New York Post reported in 2021 that she was included in email chains designed to discredit women who accused Cuomo of sexual harassment, although she said she never responded to them.

POLL POSITIONPoll: Andy Kim viewed more favorably than Tammy Murphy, by POLITICO’s Matt Friedman: Senate candidate Andy Kim is viewed more favorably by voters than chief Democratic primary rival Tammy Murphy, according to a poll released Wednesday. The Monmouth University survey of 757 voters shows that Murphy, New Jersey's first lady, has higher name recognition than Kim, a South Jersey congressmember, but is also viewed less positively … While 79 percent of voters have heard of Murphy, who’s been first lady since 2018, 14 percent have a favorable impression of her versus 26 percent who have an unfavorable one. Forty percent have no opinion. Sixty-four percent have heard of Kim, who was first elected to represent the 3rd District in 2018. Twenty-eight percent of those who view him favorably, while 10 percent have an unfavorable impression of him and 26 percent have no opinion. Murphy makes a more positive impression among the smaller sample of 284 registered Democrats, but not as positive as Kim.

Read the full poll here

 

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HOW WILL SCHAFFER AFFORD THE REIMBURSEMENT? — Somerset Dems send pro-Murphy campaign texts ahead of convention by ‘mistake’, by POLITICO’s Daniel Han: Somerset County Democratic Chair Peg Schaffer is reimbursing her county party after campaign texts were sent to local Democrats boosting first lady Tammy Murphy’s Senate campaign with county party resources. The campaign texts come as the Somerset County Democrats have not yet officially endorsed a candidate in the Senate race to replace indicted Sen. Bob Menendez. The county’s convention, where local Democrats will choose who to support in the primary, is Thursday evening. Voting delegates received the texts … . Schaffer told POLITICO that she will pick up the tab for the text, which amounts to just over $13, she said. “That was a mistake,” she said, citing errors from staff. “I’m reimbursing it personally.”


GET OFF MY LAWN — “Trouble at Teaneck High: Rep. Josh Gottheimer goes to war against high schoolers for protesting for Gaza,” by The Intercept’s Matthew Petti: “The teenagers gathered outside Teaneck High School on a chilly Friday afternoon in February, watched by a heavy police escort and an NBC news crew. They unfurled a banner bearing the Palestinian flag and marched around the streets of suburban Teaneck … Two students, Maryam Marey and Amar Halak, began the march by calling on their elected representatives to support a ceasefire in Gaza … Two local politicians, township council member Hillary Goldberg and former council member Keith Kaplan, stood across the street silently filming the high schoolers …

It led to an unexpected flood of backlash from the town’s adults, including elected officials; a deluge of violent threats; a campaign organized by a new pro-Israel, Jewish lobbying group; and intervention by the federal government. Members of the town council were key instigators — and they found a willing audience in a sitting member of Congress. Within hours of the November protest, council member Karen Orgen emailed videos of it to nearly two dozen people, among them Rep. Josh Gottheimer,, … Gottheimer has become fixated with Teaneck’s high schoolers. At his urging, the U.S. Department of Education opened a civil rights probe into discrimination at Teaneck High.”

 

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Bonnie Watson Coleman says ‘it is time’ to reform line system

—Snowflack: “The Latest on the Kim filing” 

—“NJ wins money for parks, shoreline and more in federal budget bill” 

—“Menendez isn’t gathering petition signatures to run in Democratic Senate primary” 

—“Meeting on national park proposal at Delaware Water Gap will be held this weekend” 

—“Menendez legal strategy unlikely to change, experts say” 

LOCAL


EAST NEWARK BALLOT RESEMBLES MY LAST BIRTHDAY PARTY — “After referendum, East Newark BOE has an election next week but no one’s running,” by Hudson County View’s John Heinis: “After a referendum was passed in November, the East Newark Board of Education will be holding an election on Tuesday, but the catch is a grand total of zero candidates will be on the ballot. As Mayor Dina Grilo, Councilwoman-at-Large Jeanne Zincavage, and Councilman-at-Large Kenneth Sheehan were re-elected in unopposed races on November 7th, there was also a ballot question asking voters if the BOE should move to an elected board. The question was approved … Despite that outcome, not a single person has decided to put their name on the ballot for Tuesday’s trip to the polls.”

CHEATINGS FROM ASBURY PARK — “A new N.J. super team is destroying its small-school opponents. Critics are calling foul,” by NJ Advance Media’s Matthew Stanmyre: “The mismatch was evident almost immediately last Thursday night, as College Achieve Asbury Park squared off against Shore Regional in a sectional semifinal playoff game. On the one side were a group of spindly, home-grown boys, none taller than 6-foot-4; on the other, a team filled with near-7-footers from across the state, one of whom earned an early technical foul for hanging on the rim after a ferocious dunk … the score was a lopsided 71-45 … College Achieve Asbury Park is a first-year public charter school team whose coach is Dave Boff, the most decorated active boys basketball coach in New Jersey. Instead of a team of players from one defined geographic area like most public schools, College Achieve features a virtual all-star squad of 11 elite transfers from across New Jersey, including Trenton, Keyport, Newark and Irvington … T.J. Best, senior advisor to the New Jersey Public Charter Schools Association, said College Achieve was able to field such a talented roster in its first season of existence because it utilized ‘a loophole’ that allows for students to attend a charter school outside the town in which they live if the charter school has open seats not taken by students in its district of residence.”

 

On the ground in Albany. Get critical policy news and analysis inside New York State. Track how power brokers are driving change across legislation and budget and impacting lobbying efforts. Learn more.

 
 


CURRIEING FAVOR — “Six Democrats seek party backing for Passaic sheriff, but Speziale isn’t one of them,” by New Jersey Globe’s David Wildstein:  “Six Democrats will seek the support of the Passaic County Democratic Committee on Saturday to run for Sheriff in the June primary, but one of the announced candidates, former Sheriff Jerry Speziale, is not one of them. Democrats are seeking a successor to Richard Berdnik, a five-term sheriff who took his own life in January. One of the candidates seeking the Democratic line is Mason Maher, a Paterson police detective and union leader who was the Republican nominee for sheriff against Berdnik in 2022 … Last Friday, Speziale formally announced his bid to run for his old job. He plans to run off the line on a ticket with county commissioner candidate Sean Duffy; Duffy is the son of Democratic county commissioner Terry Duffy.”

PRETENDIDENT — “Morris says Jersey City schools administration refuses to work with him after controversial vote, jeopardizing new budget,” by The Jersey Journal’s Joshua Rosario: “The Jersey City school district administration and a group of Board of Education members are refusing to acknowledge Dejon Morris as board president, a decision the first-year board member says will hurt the district in the long run. ‘I don’t need them to acknowledge me as president,’ said Morris, who is staking his claim to the presidency after a wild board meeting last week in which five members voted to oust the current president and vice president, and then voted in Morris as president and Younass Barkouch as vice president. ‘I need them first to acknowledge their job as trustee and the mandate of providing a budget,’ said Morris, who was the subject of an ethics complaint just two days before Thursday’s chaotic meeting. As the March 20 deadline to approve a school budget draws nearer, it remains unclear whether the vote to remove Natalia Ioffe as president and Noemi Velazquez as vice president was legal.”

—“Passaic to build a new high school with $328 million in state funds"

—“Atlantic County commissioners seek HUD action to improve life in Stanley Holmes Village” 

—“Commissioner calls for ‘sweeping ethics reforms’ in Ocean County government and at OCC

—“N.J. school principal charged with theft was caught on camera stealing bag of cash, officials say” 

—“Hillsborough schools chief, teachers union agree: we need more money” 

—“[Atlantic City] building plaza honoring Lt. Gov. Sheila Oliver” 

—“Judge to decide Atlantic City Ward 2 election challenge in 30 days” 

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EVERYTHING ELSE


MY MUMPS, MY MUMPS, MY SICKLY LITTLE MUMPS — “Mumps outbreak reported in NJ as health officials investigate disease cluster,” by The Record’s Scott Fallon: “Health officials are looking to contain a recent outbreak of mumps that spread quickly among members of one New Jersey family, the Department of Health announced Tuesday. Few details were released by the agency. But health officials said the highly contagious disease spread among eight members of a ‘family cluster’ in Hunterdon County. The initial infection may be related to recent international travel, officials said.”

HACKY AND THE HENDERSON — “From one financial crisis to another: Former NJCU president sues after hacker stole $326K from sale of Jersey City home,” by The Jersey Journal’s Ron Zeitlinger: “It was the final indignity before she left Jersey City for the suburbs of Boulder, Colorado. Former New Jersey City University President Sue Henderson, who resigned amid the school’s financial crisis in June 2022, sold her $1.2 million home on the Jersey City waterfront just days later, but instead of placing the $326,389 in proceeds in her account, the title agency handling the transaction wired the funds to a scammer who had impersonated her. Nearly two years later and still reeling from her own new financial emergency, Henderson is still trying to recover the money through a lawsuit that claims the two title companies, Langdon Title and Signature Title and Settlement, failed to follow their own simple advice — a warning to beware of hackers that is part of every email they send … Henderson, who served as NJCU president from 2012 to 2022, has been blamed for plunging the school into a financial crisis”

WINDMILL OPPONENTS DECIDE THEY'RE ACTUALLY PRO-WINDMILL — “Photos of male humpback whales copulating gives scientists peek into species' private sex life,” by USA Today’s Amaris Encinas: “Two male humpback whales were photographed having sex in Hawaii, with experts calling the encounter a ‘scientific breakthrough’ for a species whose sexual behavior has largely remained a mystery. There are still things scientists don’t know about humpback whales, especially when it comes to the species’ sex life.”

—“6 Months after New York Banned Airbnb, New Jersey is doing great

—“Colombian national, 21, charged with kidnapping in Toms River entered country legally: ICE” 

 

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