| | | | |  | | By Matt Friedman | Good Tuesday morning! Yesterday we finally got a chance to see the amendments to the bill to overhaul the public records act. Most notably, the elimination of mandatory “fee shifting” — the requirement that governments found to have improperly denied records requests pay the requesters’ legal costs — remains in the bill. But it’s been tweaked so that a judge has no discretion if the government agency had operated in “bad faith.” A new section of the bill would bar people who requested camera footage from disclosing images of a subject's "intimate parts." A lot of the advocates who spoke out against the OPRA overhaul haven’t weighed in on the amendments yet, but the most prominent one, CJ Griffin, was not assuaged. The bill is scheduled for a Senate Budget and Appropriations Committee hearing Thursday, and if it’s anything like the hearing in March, it will not be a short one. Meanwhile, the Senate Community and Urban Affairs committee approved legislation, NJ S2702, that would require New Jersey’s six Charter Law counties to only vote by ordinance on the base salary of high-ranking officials, instead of “compensation,” as the current law states. State Sen. Brian Stack introduced this bill, which is backed by the New Jersey Association of Counties, in response to this report by the state Comptroller that alleged high-ranking Union County officials were paid stipends and tuition reimbursements without the county going through the ordinance process. Comptroller Kevin Walsh — whom the New Jersey Association of Counties has been targeting a lot lately — said the bill would give the public less input on officials’ pay, removing a check and balance by no longer having the same stringent public notice requirements for ordinances. “I urge caution and a re-thinking of the role of the public when the people with the greatest access to power and access to the greatest perks get paid,” Walsh said. NJ Citizen Action’s Maura Collinsgru said at the hearing she was concerned about the weakened transparency from this bill, as well as the OPRA legislation. But after ripping the comptroller in his testimony, New Jersey Association of Counties Executive Director John Donnadio said the public will still get notice of resolutions and said the bill is just clarifying precedent. “If feel like there’s a conflict of interest here for the comptroller to come up and testify in a public hearing in opposition to a bill where he’s conducting an investigation — the same investigation — in two other of the charter counties right now," Donnadio said, apparently making news. So stay tuned for those reports, I guess. TIPS? FEEDBACK? Email me at MFriedman@politico.com. QUOTE OF THE DAY: "'Intimate parts' means the following body parts: sexual organs, genital area, anal area, inner thigh, groin, buttock, or breast of a person." — The OPRA amendments HAPPY BIRTHDAY — Ray Lesniak, Darlene Tedesco-Cullen, Chris Paladino, Olivia Helck WHERE’S MURPHY? — At Stevens Institute of Technology at 11 a.m. for “an announcement on fintech innovation”
| | | | THE GOLD STANDARD OF POLICY REPORTING & INTELLIGENCE: POLITICO has more than 500 journalists delivering unrivaled reporting and illuminating the policy and regulatory landscape for those who need to know what’s next. Throughout the election and the legislative and regulatory pushes that will follow, POLITICO Pro is indispensable to those who need to make informed decisions fast. The Pro platform dives deeper into critical and quickly evolving sectors and industries—finance, defense, technology, healthcare, energy—equipping policymakers and those who shape legislation and regulation with essential news and intelligence from the world’s best politics and policy journalists.
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After spending two months huddling with advocates and interest groups, lawmakers on Monday released the highly anticipated amendments to a bill to overhaul the 22-year-old Open Public Records Act. … The original bill, NJ S2930 (24R), first proposed in March, drew an outpouring of criticism that stalled its progress following approval in committees in both houses on March 11. Advocates and interest groups were most concerned with the bill’s elimination of “fee shifting” — the requirement that courts and the Government Records Council award attorneys fees to those who successfully appeal the denial of a records request — instead leaving it up to a judge’s discretion. Under the amendments released Monday, it would still be up to a judge’s discretion, unless they determine that the denial was made in "bad faith." In that case, the awarding of attorneys’ fees would be mandatory. Attorney C.J. Griffin, who frequently litigates records request denials and was the bill’s most outspoken critic, said the amendments still “gut” fee shifting and that the amount of government transparency will vary county by county because of judges’ personal views on the fee shifting. LADY GAG — “Gag order in sex harassment case found unconstitutional by state’s high court, adding victim has right to speak freely,” by NJ Advance Media’s Ted Sherman: “The N.J. Supreme Court on Monday unanimously struck down confidentiality rules that prohibited a state employee from talking to others about a sex harassment complaint she had filed against a supervisor while the matter was under investigation. Calling the regulation ‘unconstitutionally overbroad,’ the court said the scope of the rule would ‘cause countless victims and witnesses to surrender their protected right to speak freely about harassment and discrimination.’ … At issue was a complaint filed by Viktoriya Usachenok, who filed an internal complaint in 2016 with the Equal Employment Opportunity and Affirmative Action office in the Department of the Treasury where she then worked, alleging a hostile work environment. She accused a supervisor of ‘pervasive sexual harassment’ that included stalking, sexual propositioning, unwelcome gifts, physical touching, and assault. … In a subsequent 2017 lawsuit, she complained that she had been told by an investigator that she would be required to sign a confidentiality form and could be fired if she disclosed any aspect of the investigation to anyone.” R.I.P. — “New Jersey State trooper from Moorestown barracks dies during training,” by The Philadelphia Inquirer’s Rodrigo Torrejón: “An eight-year veteran of the New Jersey State Police died Sunday during a training session, officials said. Trooper Marcellus E. Bethea died while training at the state police’s headquarters in Ewing, New Jersey State Police said … New Jersey State Police did not immediately release Bethea’s cause of death or the type of training he was engaged in when he died. Bethea’s death is under investigation … Bethea was training to join the elite TEAMS unit, an emergency response unit at the state police, Attorney General Matthew J. Platkin said” YOU CAN’T SPELL ‘FULOP’ WITHOUT ‘FU’ — “Steve Fulop is making enemies, not friends of the NJ Democratic Party. Why,” by The Record’s Charles Stile: “Fulop, the 47-year-old ex-Marine and investment banker … seems to be going out of his way to antagonize the high council of elders who rule the New Jersey Democratic Party … It was just last fall that Fulop was a great cheerleader for the Democratic campaign for the Assembly, publicly praising the party patroons of Middlesex County — citing county Democratic Chairman Kevin McCabe in a shoutout and vowing to help raise money for the campaign. But last month, Fulop condemned the Middlesex County party as a descendant of the machine corruption wielded by legendary Jersey City Mayor Frank ‘I am the Law’ Hague. The cheerleader now has become a reformer — and a scold. Fulop brushed aside suggestions that rank opportunism … ‘I don’t think that I've ever, politically speaking, been entirely embraced by the county organizations,’ he said in an interview in a café next to City Hall one day last week.” —“It’s Nurse Appreciation Week. Let’s validate it by improving staffing levels | Opinion” —“Here’s how many NJ Transit employees earned more than $100K in overtime” | | BIDEN TIME | |
THE MONICA — “McIver: ‘I am running for Congress’,” by New Jersey Globe’s David Wildstein: “Newark City Council President LaMonica McIver today announced she will seek the 10th district congressional seat of Donald Payne, Jr. (D-Newark), who died on April 24 as he was seeking his seventh term in the U.S. House of Representatives. ‘I am deeply honored and humbled to have received the Democratic endorsement for the 10th congressional seat,’ McIver said. ‘This moment is not just a personal achievement but a testament to the trust and confidence that the community has placed in me to carry on the legacy of dedicated public service set by the late Honorable Donald M. Payne, Jr. and his father.’ McIver, 38, has emerged as the frontrunner in the July 16 special Democratic primary to fill the remaining months of Payne’s term.”
—“Essex united for McIver,” by InsiderNJ’s Max Pizarro: “The CD-10 seat will go to LaMonica McIver, on the strength of a united front by Newark Mayor Ras Baraka and Essex County Democratic Committee Chairman LeRoy Jones, the two main players in the district. Others may contend for the seat left vacant by the death of U.S. Rep. Donald Payne, Jr, (D-10) but McIver, the Newark City Council President, stands poised as a clear favorite following a weekend of key-player meetings. Essex Mayors will back McIver. Ministers, too. The support of Irvington Mayor Tony Vauss is key here, as it was Team Irvington Strong that bucked Baraka for a vacant LD-28 Senate seat in 2022. This time, the politically muscular Vauss supports Baraka’s choice for the seat, longtime Baraka ally McIver.”
| | | | DON’T MISS POLITICO’S ENERGY SUMMIT: The future of energy faces a crossroads in 2024 as policymakers and industry leaders shape new rules, investments and technologies. Join POLITICO’s Energy Summit on June 5 as we convene top voices to examine the shifting global policy environment in a year of major elections in the U.S. and around the world. POLITICO will examine how governments are writing and rewriting new rules for the energy future and America’s own role as a major exporter. REGISTER HERE. | | | | | —“State economic development official expected to run for Payne’s House seat” —“How Rutgers student protest was peacefully resolved” —Rutgers University president stands by decision to negotiate to end protests —House education committee calls on Rutgers University and Northwestern University leaders to testify —“Opinion: Menendez and Cuellar cases sound the alarm on foreign influence on Congress” —“Former Paterson robbery squad sergeant has agreed to repay city $200K” —“Sherrill will combat Trump N.J. visit with a day of action to stand up to GOP nominee” | | LOCAL | |
JOSHI’S ISLAND — “NBT lawsuit reveals videos of Edison cops detaining busload of immigrants,” by New Brunswick Today’s Charlies Kratovil: “New Brunswick Today filed the lawsuit, with the help of an OPRA attorney, after the EPD failed to release official recordings they were holding onto from the encounter. Videos recorded by the body-worn cameras on each of the four responding officers’ uniforms depict their questionable detention of approximately 38 people, most of whom were not allowed to get off the bus for the duration of the interaction. The recordings also capture the group of responding cops bantering among themselves about the situation, joking and fantasizing about sicking a ‘drug dog’ on the immigrants and escorting the bus out of town at gunpoint. ‘Have your service weapon pointed out your window at all times,’ joked Officer Zachary Dlabik. ‘Get out of Edison!’ added Officer Spadaro, making his hand into the shape of a gun. … Dlabik’s tone turned serious, as he walked with his colleagues to an idling police cruiser and lamented the situation that was playing out just a couple of hours into the New Year. ‘I can’t believe this is our country, that this just happens. It’s an actual invasion. It’s actually happening,’ Dlabik continued.” BURLINGTON CUT FACTORY — “South Jersey schools would bear the brunt of proposed state aid cuts, led by Burlington County,” by WHYY’s P. Kenneth Burns: “Nearly half of the 140 school districts facing cuts in New Jersey Gov. Phil Murphy’s proposed budget are in South Jersey, according to a WHYY News analysis. At least 30 districts are facing cuts of at least 10%. Burlington County, overall, has the most number of districts that will experience reductions in aid. ‘It’s not fair,’ said state Sen. Latham Tiver, who represents a part of Burlington County where ten school districts are experiencing cuts in state aid. Using the Lenape Regional High School District as an example, Tiver said officials were not expecting reduced state funding of almost 20% or $4.7 million. … State Sen. Troy Singleton was “deeply disappointed” when he saw five school districts in his part of the county would receive cuts in state aid.” CAMERAS ALREADY WRITING ESSAYS FOR STUDENTS — “Newark Public School awards $12M contract for new AI camera system aimed at keeping schools safe,” by Chalkbeat Newark’s Jessie Gómez: “More than 7,000 cameras equipped with artificial intelligence capabilities will be installed in Newark schools, under a $12 million contract approved Thursday by the Newark Board of Education. District officials say the high-tech surveillance system is meant to make schools safer, but security experts warn that systems with such capabilities could result in an invasion of privacy or could potentially misidentify items or students. Turn-Key Technologies Inc., based in Sayreville, N.J., will install the cameras and their required servers and storage across schools this summer as part of a two-year contract.” HCDONE — Vainieri won’t seek re-election as HCDO chair, endorses Guy to succeed him, by Hudson County View’s John Heinis: “Hudson County Democratic Organization Chair Anthony Vainieri won’t seek another term, instead endorsing County Executive Craig Guy to succeed him. … For the earlier part of this year, it remained unclear if there would be another battle among Hudson County Democrats as there was in 2018, largely due to the tensions between state Senator (D-33)/Union City Mayor Brian Stack and North Bergen Mayor Nick Sacco. Stack threw his support behind Guy back in mid-March, nearly two months before he declared his candidacy on Saturday, and was highly critical of Vainieri’s work as chairman." DO STOP THE MUSIC — “CRDA officials ponder how long spending can continue,” by The Press of Atlantic City’s Bill Barlow: “Music will play on this summer from Gardner’s Basin to Kennedy Plaza, with more than half a million dollars approved for three separate summer concert series by the Casino Reinvestment Development Authority at a recent meeting … One member said the organizations putting on these events should not expect the taps to remain open forever. In April, the board approved $190,210 for a series of concerts at Gardner’s Basin in the north end of the … another $230,583 for Tony Mart Presents — Mardi Gras at Kennedy Plaza and $174,261 for the Chicken Bone Beach Jazz Concert Series l. … CRDA Deputy Director Maisha Moore said Tony Mart raised about $19,000 from other sources for the event. CRDA board member Brett Matik said that isn’t enough for the organization to pay its own salaries. ‘While I think all of these activities are phenomenal for Atlantic City, I do think the organizations need to start having some other funding sources besides us,’ Matik said. ‘We can’t completely support every organization that comes to Atlantic City and wants to put on a concert.’” —“Teacher ‘groomed’ girl before groping her in [Marlboro]. school hallway, parents say in lawsuit” —“McGreevey: Jersey City needs to get its budget act together” —“Paterson courthouse street renamed for Rubin 'Hurricane' Carter” —“DEP plan addresses algae blooms, but not flooding in NJ, say Pascack Valley mayors” —“Part of Ocean Grove's cross-shaped pier is ready to reopen” —“Bayonne developer suing city for allegedly violating deal to build new bridge, road” R.I.P. — “Cape Republicans mourn former chairman Karavan” | | EVERYTHING ELSE | |
MAYBE IT JUST SEEMED THAT WAY — “Growth of recreational cannabis market slowed in first quarter of 2024,” by New Jersey Monitor’s Nikita Biryukov: “New Jersey’s recreational marijuana sales grew slower in the first quarter of 2024 than they have at any other point since the state began allowing adult-use cannabis sales in April 2022. The state’s 130 recreational dispensaries had roughly $201 million in non-medical cannabis sales during the first three months of the year, about 4.4% more than they reported in the last quarter of 2023, when recreational sales totaled $192.6 million. The growth reflects a marked slowdown from the final quarter of 2023, when recreational marijuana sales grew by about 8.9% in what was then the lowest growth quarter on record, and it could herald the end of surging growth the adult-use market has enjoyed since its launch despite persistently high prices. … Some cannabis boosters suggested the slowdown was a result of regular business cadence and shifting seasonal demand. … Others pointed to New Jersey’s persistently high cannabis prices to explain the flagging growth, noting prices here are among the nation’s highest.”
—“After traumatic brain injury, Rider senior lands dream job before graduation” —“Former Rutgers professor among 2024 Pulitzer Prize winners”
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