Checking in on OPRA

Matt Friedman's must-read briefing on the Garden State's important news of the day
Apr 15, 2024 View in browser
 
New Jersey Playbook

By Matt Friedman

Good Monday morning! Please thank my colleagues for filling in for me over the last week. This newsletter is a lot of work.

So what happened to the OPRA overhaul? When I signed out for a week, I thought I might come back today for its vote in the full Legislature. That was apparently the plan at some point. But not anymore. Both houses had voting sessions scheduled today, but instead only the Assembly is going forward with a particularly small agenda. Not only are they not voting once again on the OPRA bill, but the amendments haven’t been introduced.

State Sen. Paul Sarlo, the OPRA bill’s top sponsor in the Senate, had set initially early April as the unofficial deadline to get it done, but later said maybe even not mid-April. “I’ve made it clear if we don’t get this done by the first week of April, I gave it a great shot and we’ll probably table it for 20 years,” Sarlo had said.

The delays must give the bill’s many opponents heart. And for Legislature, Friday’s poll showing overwhelming majority of New Jerseyans — 81 percent — wanting to leave OPRA as is won’t likely do anything to anything to give the bill a boost.

I don’t think most New Jerseyans know much about OPRA, so any poll question that begins with this sentence — “The New Jersey legislature is currently considering a bill that would make it harder for citizens to access to public records, and limit what records they can request” — is likely to meet with opposition. But I would say the question is accurately framed.

Sarlo in a text message yesterday told me that executive directors in the Senate and Assembly and their lawyers are “conducting a series of meetings with legitimate advocacy groups.” “After those meetings in the Senate president and Assembly speaker will decide to either move forward or table it for good,” Sarlo wrote. I asked what if any groups were deemed “illegitimate” and Sarlo said he didn’t know all the groups they were meeting with, but not with “individual lawyers who represent themselves.” It’s worth noting that Senate Minority Leader Anthony Bucco has signed on to the bill as a co-sponsor, as Daniel Han reported last week.

Forgive me if I’m late to the party after my vacation, but I gather that the OPRA bill is simply in limbo, neither dead nor definite.

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

QUOTE OF THE DAY: “New Jersey is pretty special.” — Third Circuit Court of Appeals Judge Kent Jordan.

HAPPY BIRTHDAY — Kim Eulner, Rick DeMichele, Juliet Fletcher.  Missed Sunday: Barry “Dad” Friedman. 

WHERE’S MURPHY? — No public schedule

PROGRAMMING NOTE — Hi, I’m back

 

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WHAT TRENTON MADE


NEW JERSEY: THE NEW HAMPSHIRE OF THE MID-ATLANTIC — “Despite big changes, N.J. Legislature still doesn’t look like N.J. That’s a problem,” by NJ Advance Media’s Brent Johnson: “One some levels, last year’s election brought about a sea change in the New Jersey Legislature. … In all, 31 new members — or a quarter of both houses — were sworn in this past January as Democrats tightened their control of the Statehouse. … But for all that turnover, little changed about the Legislature’s gender and racial makeup, meaning it still falls short in matching New Jersey’s diverse population, according to an analysis by NJ Advance Media. Though there is more diversity than a few decades ago, the number of lawmakers of color increased by only one in the 221st Legislature. And even more strikingly, after female membership reached a record high in the 220th edition, the number of women legislators fell by two this time. Some lawmakers of color who left Trenton were replaced by white members and some female legislators were replaced by men. Thus, while New Jersey is widely considered one of the most diverse states in America, the average state lawmaker remains white, male, straight, and over 50.”

MIND THE GAP — “15% NJ Transit fare hike doesn’t actually fix the agency’s money problems,” by NJ Advance Media’s Larry Higgs: “While NJ Transit’s vote to increase fares by 15% puts an immediate budget question to bed, it is far from the end of debate about the bigger picture of solving the financial woes of the nation’s third largest transit agency. “This gets us to next year,” NJ Transit CEO Kevin Corbett said April 10 after the agency’s board voted to increase fares starting July 1, and hike the rates by an additional 3% annually starting on July 1, 2025 and continuing with no end date. Looming on the horizon is a projected $766 million fiscal gap in fiscal year 2026, which starts on July 1, 2025. The fare hikes reduced that from original projections of $917 million. One way to close that $766 million gap is Gov. Phil Murphy’s proposed corporate transit fee, which would levy a 2.5% tax on the earnings of about 600 companies in New Jersey that make a profit of at least $10 million a year.”

—“7 injured in NJ Transit bus crash outside department store” 

—“Why Jack Ciattarelli is running for governor again: Chat Box” 

—“Breastfeeding mothers in New Jersey could soon be exempt from jury duty” 

 

Join POLITICO on Wednesday, April 17 at 6:00 p.m. ET for networking over cocktails and passed hors d'oeuvres. Don't miss your chance to meet POLITICO's New York editorial team and learn more about their coverage of current affairs in Albany. RSVP here.

 
 
BIDEN TIME


TAMBUSTED — Federal appeals panel sharply questions defenders of NJ's controversial county line by POLITICO’s Daniel Han: A federal appeals panel on Friday appeared skeptical of arguments defending New Jersey’s controversial primary ballot design as judges weigh whether it should be used for the June primary. The U.S. Third Circuit Court of Appeals panel questioned attorneys on both sides during two hours of oral arguments on whether to keep in place a preliminary injunction from a lower court judge. … Bill Tambussi, an attorney for the Camden County Democrats which is spearheading the current appeal, argued in legal briefs that office-block ballots do “not protect the constitutional rights of political party organizations” — an argument justices appeared skeptical of. “By extension, wouldn't you be arguing that the elections that are taking place in 49 of the 50 states around the country are unconstitutional?” Judge Arianna Freeman asked Tambussi. “Judge, I'm not gonna offer an opinion on the ballot in other states,” Tambussi replied. Judge Cheryl Ann Krause quickly added: “It seems to me that if not allowing bracketing … is unconstitutional, then 49 out of 50 states are doing something severely wrong.”

WHOKRAINE? — “Tom Kean’s cowardice on Ukraine,” by The Star-Ledger’s Tom Moran: “Rep. Tom Kean Jr. was once a firm supporter of Ukraine, and as chairman of a crucial subcommittee overseeing U.S. policy in Europe, he sponsored a bipartisan bill just six months ago that sent fresh shipments of artillery shells and air defense munitions to the front lines. ‘Now more than ever, Ukraine needs our help,’ he said then. ‘Victory for Ukraine will also show America’s enemies the price they would pay for future unprovoked aggression is too high.’ But suddenly, that changed. When the party leadership decided to abandon Ukraine six months ago, heeding the wishes of Donald Trump, Kean disappeared. He’s given no floor speech on Ukraine, nor convened a meeting of his subcommittee to discuss it. He’s issued no statement, not even a Tweet, and he’s done nothing to help fellow Republicans in New York and Pennsylvania who have signed a discharge petition seeking to force Speaker Mike Johnson to allow a vote on aid to Ukraine. He answers no questions on the topic.”

—“No dice for No Labels? How Chris Christie almost made third-party presidential run — but didn’t” 

—“Law clerk judge assigned to Burlington lines lawsuit was a Democratic staffer who worked for defendant

—“Mayor Steven Fulop hosts U.S. Rep. Andy Kim in Jersey City for Senate town hall” 

LOCAL


CHILDREN OF SANCHEZ — “A principal confronted a teenage girl. now he could face time in prison,” by The New York Times’ John Leland: “In a high school lobby in New Jersey, the principal saw a student heading toward a stairway and moved to cut her off. There was physical contact between them, though no blows. The interaction lasted less than a minute. The student filed an affirmative action complaint against the principal, saying that he had grabbed her and “slammed” her against a wall. The student is Black; the principal is white and Latino. The principal, reporting the episode later that day, said he was preventing an altercation between the student and three others, who said she had threatened them. Over the months that followed, those roughly 60 seconds, captured partially on video, have divided neighbors across two towns, spawned two investigations and set off a legal process that could end with the principal in prison. … What happened that day last spring at Columbia High School, a high-performing school that serves the towns of Maplewood and South Orange, N.J., has become a Rorschach test for a liberal school district with a racially mixed population. Did Mr. Sanchez use unlawful force against a vulnerable 15-year-old in his care? Or was he simply protecting students from harm?”

—“N.J. school video shows physical interaction between principal, student that led to charges” 

IT’S INFORMALLY KNOWN AS THE ‘NOT GETTING INDICTED BONUS’ — “Fulop’s uses city longevity pay to pad his salary as mayor,” by The Jersey Journal’s Ron Zeitlinger: “If Steve Fulop wins the race for governor in 2025, there’ll be lots of nice perks in store — a historic mansion near the center of Princeton, a newly-renovated office in the nation’s second-oldest State House. But one thing won’t get any sweeter: He’ll take a huge pay cut. As Jersey City’s mayor, Fulop collects more than just a base salary that’s among the highest for a New Jersey public official. He also receives an additional benefit that Jersey City gives a select group of employees: extra pay tied to the number of years they’ve worked for local government … A 2019 city ordinance connected the mayor’s base pay to that of the Hudson County executive. … On top of that, however, Fulop also receives longevity pay — a bonus given to some longtime city employees to discourage turnover. Adding in 8% longevity pay, or $17,336, brought the mayor’s 2023 salary to more than $234,000. This year, his longevity allowance bumped to 10% because he’s completed 20 years as a city employee. That means Fulop’s salary has risen to $238,700, making him one of the highest paid mayors in the country … It appears that Fulop — first elected to the city council in 2005 — is the last elected official still legally collecting the perk, because as far back as 2005 city council members were technically categorized as full-time employees, according to officials with the state Civil Service Commission. But city Councilman Richard Boggiano has also been paid more than $71,000 in longevity pay since 2017 that he was apparently never entitled to receive.”

CURF YOUR FEWSIASM —“Newark delays enforcement of annual youth curfew,” by TAPIntoNewark’s Matt Kadosh: “City police won’t have a reason to stop anyone during nighttime hours because they appear under the age of 18 — for now. Enforcement of the city’s curfew for youths under 18 — originally set to be enforced starting Friday, April 12 — has been postponed, authorities announced. The announcement on Friday did not say when the curfew would be implemented but said a news conference would be scheduled next week to discuss the city’s ‘Summer Safety Initiative. ’Mayor Ras J. Baraka said enforcement of the city’s curfew has been done each summer since the inception of the local law, which went on the books in 1966. It applies to youths under 18 who are out between 11 p.m. and 5:30 a.m. … A review of 12 studies on curfews by the Campbell Collaboration, which synthesizes research for policymakers, however, says such policies do not reduce crime — despite their commonsense appeal.”

PAL PARK, OF COURSE — “Palisades Park clerk's resignation letter accuses mayor of intimidation, sexual harassment,” by The Record’s Kristie Cattafi: “Longtime Clerk Gina Kim has resigned due to "egregious conduct" by the borough's mayor and facilities manager that was ignored by officials, her letter of resignation says. Her last day, after 15 years with the borough, was Tuesday. In her letter, she accuses Mayor Chong ‘Paul’ Kim and borough Facilities Manager Paul Lee of harassment, intimidation and sexual and cultural harassment, incidents she says were ignored even after she reported them to borough officials. … Gina Kim … wrote in her letter that ‘inappropriate comments’ began when Paul Kim was still a council member and included ‘crude language and graphic sexual imagery’ in her workplace. The letter says the mayor once discussed his prostate and said it was uncomfortable and in need of a ‘prostate massage.’”

—“David Brown will not seek re-election as Monmouth Dem chair; Dyese Davis is top contender to replace him” 

—“Weeks into baseball season, Paterson high schools still can't use revamped Hinchliffe” 

—“Tumultuous familial relationship boiling for some time' led to attack on Trump supporter: Lawyer” 

—“Questions about death of K-9 ‘Ember’ linger as N.J. investigation continues” 

—“Something’s rotten in Montclair | Editorial” 

EVERYTHING ELSE


SWIMMING NOT EASY ON SUNDAY MORNING — “Can a Christian community close the beach on Sunday mornings?” by Sarah Pulliam Bailey for The New York Times: “[This] week, a New Jersey court will wrestle with the beach closure and whether the Ocean Grove Camp Meeting Association, which owns the property, has the right to impose religiously motivated restrictions on the public. The issue has roiled the close-knit community since last summer, and in October the state’s Department of Environmental Protection ordered the Christian nonprofit to stop blocking Sunday beach access or risk fines up to $25,000 a day. The association has appealed the order. ‘Part of the magic of this town is that you can’t do anything you want,’ said Sarah Izzo, owner of a craft gift shop on Main Avenue called Serenity by the Sea. ‘You have to stay within the rules.’”

WELL, PROPELLERS ARE REALLY JUST UNDERWATER WINDMILLS — “Dead whale in New Jersey had a fractured skull among numerous injuries, experts find,” by The AP’s Wayne Parry: “A post-mortem examination of a whale that washed ashore on New Jersey’s Long Beach Island found that the animal had sustained numerous blunt force injuries including a fractured skull and vertebrae. The Marine Mammal Stranding Center on Friday released observations from a necropsy done Thursday evening on the nearly 25-foot (7.6-meter) juvenile male humpback whale that was found dead in Long Beach Township. Sheila Dean, director of the center, said the whale was found to have bruising around the head; multiple fractures of the skull and cervical vertebrae; numerous dislocated ribs, and a dislocated shoulder bone. ‘These injuries are consistent with blunt force trauma,’ she wrote in a posting on the group’s Facebook page.’”

—“Bruce Springsteen gets a flat tire in Jersey, gets to Mohegan Sun concert on time” ‘

—“Spirit Airlines to close down South Jersey Crew Base. What does this mean for passengers?” 

—“Seton Hall lab animals were left unattended for up to 17 days in filthy cages, university says” 

—“75 ambulances, 203 patients: Valley Hospital moves from Ridgewood to new Paramus site

R.I.P. — “'A visionary': Artist and activist Faith Ringgold dies in Englewood at age 93” 

 

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