News : POLITICO New Jersey Playbook: N.J. Supreme Court delivers for transparency

Tuesday, March 15, 2022

POLITICO New Jersey Playbook: N.J. Supreme Court delivers for transparency

Mar 15, 2022

Presented by Anbaric Development Partners

Good Tuesday morning!

It's seemed, to me at least, that political and government culture has been moving away from transparency. Dark money is ascendant and a law to curb it was never implemented. New Jersey's open public records law, already pretty weak, got even weaker during Covid. And of course there are fewer reporters watching at the state and local levels of government.

But going against the trend, the state Supreme Court recently issued two decisions in favor of releasing public records that government officials tried to keep to themselves. Last week, it required Cumberland County to turn over a settlement agreement regarding a jail guard who had been accused of misconduct. And yesterday, the court ruled in favor of releasing internal affairs reports on former Elizabeth Police Director James Cosgrove, who resigned in 2019 after a Union County Prosecutor's Office investigation substantiated accusations he had used racist and sexist language towards employees.

While the court said those records are clearly not covered under OPRA , they fall under the common law right of access when public interest outweighs privacy concerns. They should also be provided under the common sense right of access. There's no question it's in the public's interest to know details about the alleged bigotry of the police director of a New Jersey town — one of the state's biggest, and with a minority-majority population. Seems pretty open and shut.

C.J. Griffin, a lawyer and open records advocate , was the lead attorney on both these cases. Read more from Katherine Landergan here.

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 29

WHERE'S MURPHY? In Washington to be honored at the Motion Picture Association Awards (you may have noticed that he's given the industry some tax breaks). He'll be back in New Jersey Wednesday.

QUOTE OF THE DAY: "He does not have the balls to go up front and put his name. You want to challenge me? Why don't you do it. He uses another person." — Paterson Councilmember Alex Mendez on a challenge to his mayoral campaign petition signatures that appears linked to Mayor Andre Sayegh.

HAPPY BIRTHDAY — State Sen. Nia Gill, Judge L. Grace Spencer, former NJ Advance Media reporter Justin Zaremba, former Huttle aide Katie Wertheimer, Cherry Hill Councilmember Brian Bauerle.

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

A message from Anbaric Development Partners:

This much is clear – offshore wind energy is coming to the Garden State. New Jersey is committed to bringing clean and affordable energy to our homes and businesses and the green jobs and economic investment that come with the energy revolution. Anbaric stands ready to deliver offshore wind energy to shore with planned transmission infrastructure. Learn more about Anbaric's plan.

WHAT TRENTON MADE

EDUCATION — New Jersey's student mental health crisis is overwhelming state services, experts say, by POLITICO's Carly Sitrin : New Jersey is in the midst of a pandemic-related student mental health crisis and the state's systems of support are overwhelmed, experts say. Advocates, medical professionals, policy experts and one state official told state senators that calls for help from families and students are reaching all-time highs while significant staffing shortages mean those who can help are overworked and beds in emergency rooms are filling up. "While New Jersey is advancing thoughtfully into the recovery phases from the pandemic, the lasting trauma caused by Covid has created some deep scars on our state's collective psyche," Department of Children and Families Commissioner Christine Norbut Beyer said Monday during the Senate Education Committee meeting in Trenton.

4/20 IS JUST AROUND THE CORNER — "New Jersey prepares to launch $2 billion recreational cannabis market," by MJBIZDaily's Jeff Smith : "The recreational marijuana law implementing the voter initiative called for sales to begin by Feb. 22, 2022, but the state ignored that deadline, saying it was too early. Gov. Phil Murphy then hinted in late February that the market could launch 'within weeks,'and state regulators indicated recently that they were nearly finished reviewing applications by five current MMJ operators. Industry officials say that the state's Cannabis Regulatory Commission could take up and approve those applications at its March 24 meeting, but it's unclear how quickly sales would then be allowed to begin. 'We could have only five operators trying to meet the initial demand of the entire state,' said Rob DiPisa, co-chair of the cannabis law practice at Cole Schotz in New Jersey. 'It's almost naive to think we aren't going to run into some issues.' … Existing medical cannabis operators have maintained since November 2021 that they are ready to sell recreational products. But New Jersey's regulators resisted, voicing skepticism the state's medical marijuana industry could adequately serve both the MMJ and adult-use markets."

—" Legal weed is on its way for New Jersey, but exactly when remains uncertain"

RACHEL WAITING APTER – "Why is Holly Schepisi holding up a state Supreme Court nomination? " by The Record's Charles Stile: "State Sen. Holly Schepisi, R-River Vale, has certainly had plenty of time to conduct her own due diligence on state Supreme Court nominee Rachel Wainer Apter. Now, a year after Gov. Phil Murphy first nominated the former clerk to U.S. Supreme Court Justice Ruth Bader Ginsberg, the question looms: Is Schepisi overdoing that due diligence? … From the outset, Schepisi praised Wainer Apter's academic credentials, but she has raised concerns that the former American Civil Liberties Union lawyer and director of the New Jersey Division of Civil Rights might be too much of a liberal 'activist' or the high court. 'Does she have the educational pedigree? Absolutely,' Schepisi said last May. 'Do I need to delve into whether or not she'll be an impartial ... member of the Judiciary as opposed to an activist? Absolutely.' Ten months later, Schepisi is saying essentially the same thing."

—Murphy-backed prescription drug package clears first legislative hurdle

—"Bill would OK civil forfeiture funds for minority recruitment, training"

— New Jersey gained 8,300 jobs in January; unemployment rate at 5.2 percent

—Bill to save New Jersey School of Conservation advances

—" NJ 3rd-worst in U.S. for corporate taxes, policy researchers say"

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BIDEN TIME

THIS CASE COULD BE A CONTENDER — New York asks U.S. Supreme Court to save Waterfront Commission from New Jersey's exit plans, by POLITICO's Ry Rivard: The state of New York is asking the U.S. Supreme Court to stop New Jersey from exiting the Waterfront Commission, the bi-state agency created 70 years ago to fight organized crime around New York Harbor. The lawsuit filed Monday by New York Attorney General Tish James is the latest sign of tensions between the two states with Democratic governors. In recent months, the states have sparred over federal aid money for transit and tolls New York is seeking to impose on New Jersey commuters. "Many of the problems that led to the formation of the Commission persist on today's waterfront," the court filing says. Unlike other cases that wind their way through the legal system before reaching the high court, disputes between states like this go directly to the Supreme Court.

—"Sellinger gives top two spots in U.S. Attorney's office to Bridgegate prosecutors"

A message from Anbaric Development Partners:

LOCAL

PUTIN UNLEASHES HACKERS, DEMANDS EAST WINDSOR NOT JOIN ALLIANCE WITH WEST WINDSOR — "Officials: FBI alerted of cyberattack that 'compromised' East Windsor's systems ," by The Trentonian's Isaac Avilucea: "Cyberhackers breached the municipal township's servers, possibly compromising sensitive personal information stored on the network, officials acknowledged Monday. Township manager Jim Brady said the township contacted state and federal authorities last week to alert them about the information invasion and hired a cybersecurity firm to determine the scope of the breach … Phone calls to the FBI and New Jersey State Police on Monday went unreturned. Brady spoke to The Trentonian by phone with a lawyer on the line who was hired to help the township navigate the data breach, which could become a public-relations nightmare for Democratic Mayor Janice Mironov. The township's systems were temporarily taken offline, Brady said, and a team of experts is working around the clock to fully restore IT operations and monitoring for new suspicious activity. "We are dedicating a significant amount of resources to this," Brady said … Officials described arriving to work March 7 and finding computer files 'locked,' Brady said. Ransomware attackers usually seize and encrypt sensitive files and then demand payments to unlock files. 'We don't know if it's ransomware," Brady said."

THE PRIME ISSUE — " Town bans new warehouses to curb sprawl," by NJ Spotlight News' Jon Hurdle: "In a new sign of community opposition to warehouse sprawl, Mansfield Township in Burlington County has banned any more of the giant buildings beyond those already approved or under construction. 'The township committee of the Township of Mansfield finds that additional warehouse development should not be permitted in the township,' reads the ordinance approving the ban, finalized on March 2. The measure appears to be the strongest move by any of New Jersey's 564 municipalities to control a flood of warehouse development that opponents say chokes local roads with truck traffic, worsens air quality, and often locates the giant industrial buildings on previously undeveloped land … Bob Tallon, a township committee member who supports the ordinance, said most residents want the township to retain its rural character, and are afraid that allowing more warehouses will industrialize the area, and erode its quality of life. Residents of one area in the center of the township are already disturbed by an increase in truck traffic, he said."

SOUTH PORNFIELD — " Police chief had sex on duty, watched porn on police computers, lawsuit says," by NJ Advance Media's Anthony G. Attrino: "The South Plainfield police chief has been accused of having sex with a dispatcher on the job and allegedly viewed porn with the former police chief on an office computer, according to allegations contained in a lawsuit. A police captain who says he told the mayor about it and anonymously forwarded documents to the Middlesex County Prosecutor's Office is suing, claiming he was retaliated against for being a whistleblower … Chief James Parker allegedly began having sex with two employees in the department in 2005 while he was an internal affairs lieutenant working under a former police chief, according to the suit filed in Superior Court of Middlesex County by Capt. Charles Siedenburg … Siedenburg states in his whistleblower complaint that he received an anonymous package on the porch of his home in 2010 containing computer usage documents sent by a police captain to a borough councilman. "One of the documents (showed) that (the former chief) and Parker had visited numerous pornographic websites while on duty (through) the SPPD's internet server," the suit states."

IS THERE ANY OTHER TOMS RIVER? — " Campaign 2020 might end on Tuesday with do-over election in South Toms River," by New Jersey Globe's David Wildstein: " One of New Jersey's longest campaigns could get settled [Tuesday] when voters in South Toms River return to the polls to decide a borough council election that ended in a tie in November 2020. In that race, Councilman Sandford Ross and Democrat George Rutzler each received 772 votes. An extended court battle and some appellate court judges who moved like turtles wearing robes has caused the council seat to be vacant for more than a year. a municipality with about 2,500 registered voters, 206 vote-by-mail ballots were issued and just 79 of them (38.3%) have been returned as of [Monday] morning."

—"Nephew of ex-Paterson councilman says he was mistreated in city job"

PUT YOUR MAKEUP ON, FIX YOUR HAIR UP PURDY AND MEET THE (MAYBE) NEW CHAIRMAN OF ATLANTIC COUNTY — " Purdy to challenge Atlantic County, NJ Republican Chairman Davis," by WPG's Harry Hurley: "In a major Atlantic County, New Jersey political blockbuster, former Galloway Township Mayor Don Purdy has announced, live on-air today that he is running against long-time Atlantic County Republican Party Chairman Keith Davis. Davis has served as Atlantic County Republican Party Chairman for the past 16 years. The election for a new Chairman will take place in mid-June … Purdy has confirmed that in advance of his announcement, that he already has lined-up the support of the vast majority of elected officials in Atlantic County's 23 municipalities … Purdy did confirm that he has received the biggest endorsement of them all … New Jersey Senator Vince Polistina … It's unusual to say this, but, Purdy … is the strong favorite at this time."

MCBRIDE GOETH BEFORE A FALL — "Rodriguez wants to oust Trenton council prez McBride over Conlon flap," by The Trentonian's Isaac Avliucea: "Councilman Santiago Rodriguez met with constituents at a local watering hole and made early-morning phone calls to city leaders discussing a plot to overthrow sitting council president Kathy McBride, The Trentonian has learned. The at-large councilman confirmed giving a stump speech to more than two dozen supporters at Casablanca Restaurant and Bar over the weekend, in which he laid a path to try ousting tyrannical McBride from the presidency. 'It's not that easy. I explained that to my constituents,' said Rodriguez, who also debated giving up his council seat early. 'Kathy's going to fight back. She's going to play the race sh*t – Blacks against the Latinos bullsh*t. She's not going to go out that easy. I'm gonna give it a try.'"

—"Hearing Tuesday in [Sharpe James'] suit to run for Newark city council in May 10 election"

—Snowflack: " Trouble in [Morris] GOP paradise"

—"Why has a warehouse plan in Franklin drawn opposition from another town's mayor? "

—"Federal judge pleased with recent progress in Cumberland County Jail litigation"

—"Paterson goes ahead with mayor's ballot drawing with challenges pending"

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EVERYTHING ELSE

IF NURSES WERE CORPORATIONS, THEY COULD PAY NO TAXES BY MERELY THREATENING TO MOVE OUT OF STATE — "Survey shows extent of hospital worker shortage in New Jersey ," by The Press of Atlantic City's Jillian Franz: "The New Jersey Hospital Association surveyed 70% of the state's hospitals on the extent of the worker shortage. The survey shows the vacancy rate for registered nurses increased from 8.2% in 2020 to 13.4% in 2021. The vacancy rate measures the number of unfilled positions relative to the total number of employees. The survey shows hospitals spent about $499 million on overtime in 2020 and are projected to have spent about $592 million in 2021. Hospitals spent about $222 million for agency and travel staff in 2020 and are projected to have spent $670 million in 2021. 'Hospitals have always faced cyclical staffing shortages, but the disruptive force of COVID-19 has created an unprecedented workforce plight across the entire continuum of care,' NJHA President and CEO Cathy Bennett said in a statement."

—"Norcross group proposes takeover of Republic First Bancorp"

— "N.J. Symphony performs Ukrainian national anthem before Russian program"

—" Jersey Shore amusement pier increases seasonal worker pay again amid summer shortage"

—"We can't wait.' N.J. must tackle surging mental health crisis now, experts warn"

—@Brian4NY: "Vladimir Putin's name disappears from the "Tear Drop" 9/11 memorial in Bayonne, a gift from him and the Russian People"

NOTE: One of the people I included on Monday's birthday list, Steve Schultz, died last October at age 42. I'm sorry if that inclusion caused any pain to his family or friends. Here's Schutz's obituary.

A message from Anbaric Development Partners:

With a goal of 7500MW of energy from offshore wind by 2030, New Jersey is leading the way on clean energy, but these ambitious goals require bold solutions and steadfast partners. At Anbaric, creating a renewable energy future is more than just our industry—it's our passion.

As the leading industry advocate for a planned transmission approach, Anbaric has long understood the importance of delivering wind energy to New Jerseyans efficiently and responsibly. With a transmission-first approach that protects ratepayers and our marine environment, Anbaric is proud to provide solutions to meet the needs of the clean energy economy today and well into the future.

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