News : POLITICO New Jersey Playbook: Albin's last decision

Thursday, July 7, 2022

POLITICO New Jersey Playbook: Albin's last decision

Jul 07, 2022

Presented by Rise Light & Power

Good Thursday morning!

Yesterday was state Supreme Court Justice Barry Albin's last day, and it coincided with a major unanimous decision that he wrote. It's the last decision he participated in, according to a court spokesperson.

The court ruled that when a member of a political party vacates a seat on a town council, the council must take the municipal party's recommendations of three people to fill the seat.

This case goes back to a feud between Senate President Nick Scutari and Linden Mayor Derek Armstead. Scutari leads the Linden Democratic Committee, and when a seat opened up on the City Council, Scutari's committee recommended three replacements. Armstead's allies on the Council refused, passing an ordinance to instead keep the seat open, leading Scutari's committee to unilaterally appoint one of the three: Paul Coates Jr.

The Municipal Vacancy Law was amended several times , and an appellate court ruled last year that the Council had the right not to fill the seat until the next general election based on some language that remained in the Municipal Vacancy Law. The Supreme Court overturned that, saying that in 1990 the Legislature amended the law with the explicit intent to avoid exactly this type of situation, allowing the party of the prior member say in who gets the seat.

"Although this appeal may arise from a partisan scrum between factions within a political party, at stake is an important principle: the right of citizens to have a voice in their city government," Albin wrote.

Prior to the Linden case, I thought this was the way municipal vacancies in towns with partisan elections were always filled. Apparently there was some confusion. And this clears it up.

Not only did this case involve Scutari, but one of the partners at Assembly Speaker Craig Coughlin's firm — David Minchello — argued the case for Linden Democrats.

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 141

WHERE'S MURPHY? Italy

QUOTE OF THE DAY: "We don't care what Costco is doing at other stations in New Jersey, but we told the company it's bound by our 2013 zoning board approval for a use variance that was adopted by resolution to allow Costco to add a gas station. For the zoning board to grant an exception for a use variance you have to show the benefits to the community. Costco's hearing testimony was crystal clear that it would allow sales to all customers - not just Costco members." — Mount Laurel Township Solicitor George Morris in an apparently successful move to block the chain's Mount Laurel store from restricting gas sales to members

HAPPY BIRTHDAY — Retired (as of today) Supreme Court Justice Barry Albin, Mercury's Michael Soliman, former BPU commissioner Fred Butler. And two people I listed the wrong birthday for earlier this week: Andy Kim aide Ben Giovine and Murphy attorney Kate McDonnell (hopefully I got them both right this time but honestly I'm not really sure).

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

A message from Rise Light & Power:

The Clear Choice for NJ Clean Energy — What would advance New Jersey as a national leader in the fight against climate change and repurpose a decades-old brownfield? Transforming the site of a former coal plant into a gateway for offshore wind with strong community support. That's the Outerbridge Renewable Connector , an "extension cord" connecting clean offshore wind energy to New Jersey's power grid.

WHAT TRENTON MADE

IMPROVEMENT AUTHORITIES NEED IMPROVEMENT — "Democrats divvy up COVID-19 aid quickly and in private," by NJ Spotlight News' Colleen O'Dea and John Reitmeyer: "[W]hile the state gets ready to address some of its biggest challenges, a share of the pandemic relief approved last week by Gov. Phil Murphy and fellow Democrats who control both houses of the Legislature will be funding more parochial items, according to an analysis of budget documents reviewed by NJ Spotlight News. One example: money for improvement authorities in just two of New Jersey's 21 counties, Middlesex and Union. Middlesex County is home to the Assembly speaker. The Senate president is from Union County."

SUPREME COURT — New Jersey Supreme Court sides with Scutari over Linden mayor on filling vacant council seat, by POLITICO's Matt Friedman : Municipal governments can't ignore a political party's suggestions for filling council vacancies if the empty seat was last held by a member of that party, the state Supreme Court ruled Wednesday in a unanimous decision. The ruling by the state's highest court is a victory for Senate President Nick Scutari and puts an end to a long-simmering dispute he and his allies had with his hometown's mayor, Derek Armstead. "Although this appeal may arise from a partisan scrum between factions within a political party, at stake is an important principle: the right of citizens to have a voice in their city government," Justice Barry Albin, who faces mandatory retirement on Thursday, wrote for the court

NJ GOVERNMENT IS EFFICIENT AT SOME THINGS — "Half of bills advanced by Senate this year passed in single day," by New Jersey Monitor's Nikita Biryukov: "Almost half of the bills and resolutions approved by the full Senate this legislative session were voted on in a single day, a New Jersey Monitor review of legislative records found. In a marathon session on June 29, the eve of the state's budget deadline, the upper chamber approved 106 bills. In the six months since the new legislative session began Jan. 11, the chamber has approved a total of 213 bills. The Assembly's pace was less lopsided — it passed only 81 bills on June 29. But that chamber still had a busy month. More than half of the 216 bills that chamber cleared this session were approved during voting sessions in June. The lower chamber approved 51 bills at its June 16 voting session. In total, 295 bills won a vote before at least one legislative chamber since January. That pace is in line with past legislative sessions. Since the start of the 2016-2017 legislative session, the chambers have, on average, approved 1,196 bills in each two-year period."

BUDGET — "New grants coming to N.J. undocumented workers who didn't qualify for pandemic aid," by NJ Advance Media's Susan K. Livio: "Immigration advocates praised Gov. Phil Murphy on Tuesday for his plan to use an estimated $53 million in unspent federal coronavirus pandemic funds to create a one-time, $500 grant program for undocumented New Jerseyans who have not received prior economic assistance/ The Democratic governor had proposed the fund for Individual Taxpayer Identification Number filers when he introduced the 2023 fiscal year budget in March. But the proposal didn't make the cut in the $50.6 billion state budget he and the state Legislature agreed to last week.

CANNABIS 2: ELECTRIC KOOL- AID BOOGALOO — "Cannabis 2? Hesitation greets measure to legalize psychedelic mushrooms," by The New Jersey Law Journal's Charles Toutant: "With the paint barely dry on the first state-approved stores selling recreational cannabis in New Jersey, the architect of legislation legalizing that drug made another bold proposal: a bill to legalize psilocybin, better known as psychedelic mushrooms. The lengthy process to establish an infrastructure to produce and regulate cannabis in New Jersey has provided abundant opportunities for New Jersey attorneys, but some observers are less than bullish about S-2934, Senate President Nicholas Scutari's 'Psilocybin Behavioral Health Access and Services Act … [T]he bill is unclear on what steps consumers would have to take to obtain psilocybin, said Scott Coffina, a former Burlington County prosecutor who is with Montgomery, McCracken, Walker & Rhoads in Cherry Hill. Coffina said he's concerned that New Jersey's mushroom legislation appears to be modeled on the medical marijuana law, but the mechanism to qualify as a buyer and the role of the user's doctor are unclear. Coffina said he fears that the New Jersey mushroom program could turn out like the early days after California legalized medical marijuana, when nearly anyone could qualify for a medical card required to buy the drug" .

—" With the Supreme Court heading to just four confirmed justices, what will Rabner do?"

—" Locomotive engineers ask court to toss NJ Transit claim for financial damages from June job action"

— EDA can provide financial incentives to small New Jersey cannabis businesses under new law

—"N.J. waiving graduation test for Class of 2023 after Murphy signs law"

—" With money lined up, time to choose school projects"

—"Voting advocates decry plan to allow police at polling places in schools, senior centers"

—Opinion: "Prescription for failure as history repeats itself at Liberty State Park"

STEP INSIDE THE WEST WING: What's really happening in West Wing offices? Find out who's up, who's down, and who really has the president's ear in our West Wing Playbook newsletter, the insider's guide to the Biden White House and Cabinet. For buzzy nuggets and details that you won't find anywhere else, subscribe today.

BIDEN TIME

RADICAL CENTRISM — "A viable third party is coming, and it's starting with a New Jersey lawsuit," by U.S. Rep. Tom Malinowski for The New York Times: "The Moderate Party is an experiment: an alliance between Democrats of all stripes, independents and moderate Republicans hoping to win an election while pursuing a reform to the election laws that could empower swing voters to save our democracy from toxic polarization … In New York, the main parties operating under this system, the Working Families and Conservative Parties, occupy the left and right wings of the political spectrum. But if fusion parties were permitted nationwide, the political force most likely to form one would be the center. Such a party might be especially attractive to Republicans disgusted with their national party's embrace of election lies, vaccine denial and QAnon conspiracy theories but who are turned off by the left wing of the Democratic Party and remain reluctant to pull its lever ... A centrist fusion party could restore to Americans in the middle some of the leverage they have lost. We're hoping New Jersey will be a test case for national reform."

—Steinberg: "Post-Highland Park, Illinois: The shrill sound of silence on mass shootings from Kean "

—"N.J. officials head to New Orleans to back 'Dreamers' in immigration court fight"

A message from Rise Light & Power:

LOCAL

FAILING UP — "After uptick in crime, Newark mayor removes public safety director, makes him a deputy mayor," by NJ Advance Media's Steve Strunsky: "Following an uptick in crime, Newark Mayor Ras Baraka has removed the city's public safety director, placing him in a newly-created deputy mayor position while the city hunts for a new head of the public safety department. Brian O'Hara, whom Baraka named acting public safety director early last year, will now serve as 'deputy mayor for strategic initiatives for police services/public safety,' the mayor announced on Thursday. Officials said Raul Malave, O'Hara's assistant public safety director, will take over as interim director until a permanent replacement for O'Hara is named. In a statement, Baraka congratulated O'Hara on being 'elevated to a new role as deputy mayor.' … But the carefully worded statement avoids mentioning whether crime has gone up under O'Hara, and statistics published by the department indicate a 13% increase in crime overall during the five months from January through June 5 of this year compared with the same period in 2021."

SUMMARY: 'THIS LAWSUIT IS DUMB' - EXPERTS — " NJ school denies claim of discrimination against white students. Here's what experts said," by The Record's Kaitlyn Kanzler: "A lawsuit filed last month made waves in a small Morris County town when the plaintiff claimed white students face discrimination in the Mountain Lakes school district. After the lawsuit made headlines, the district denied the allegations. But the litigation presented a unique case study that left experts questioning whether it can hold up in court. Ron Berutti, attorney for the parent who filed the lawsuit, said he didn't know of any similar lawsuits … The suit says the district created a hostile educational environment for white students with 'a campaign of open racial discrimination' within some of the programming … But it is the opinion of former North Jersey career prosecutor David Calviello that the lawsuit doesn't have much legal standing. Calviello, who handles discrimination cases at a private practice in Newark, said the suit would have a hard time 'surviving summary judgment in court,' saying it was designed to get attention. 'The fact that there is only one plaintiff in a school of over 1,000 potentially affected students says something about the merits of the claim,' Calviello said."

WOUNDED MCPRIDE — " McBride wants to ban political 'criticism' from Trenton website ahead of election," by The Trentonian's Isaac Avilucea: "Council President Kathy McBride has proposed a measure that would prevent Trenton's elected leaders from using the city's official website to critique opponents over policy decisions ahead of the November election. Mayor Reed Gusciora said Wednesday that the proposal, up for introduction at Thursday's meeting, smacked of censorship and compared it to a modern-day 'Alien and Sedition Acts,' referring to a set of laws passed by Congress in 1798 cracking down on government dissent over fears of a war with the French. 'How do you decide what is 'criticism'?' the mayor asked. 'Every posting would have to be reviewed by her.' … In the news release, which appeared June 15 in the news and announcement section of the city's website, Gusciora accused legislative leaders of 'playing chicken' with city services and job security for Trentonians as part of a still-unresolved budget impasse with council."

—"Family of [Trenton]. man who died weeks after arrest sues police, city"

—"Why Lakewood SCHI founder, sentenced to jail in 2019, hasn't spent a day behind bar"

—" Fulop again bludgeons Jersey City BOE over tax increase in letter to homeowners"

—"Appellate court refuses to stay ruling on [South Hunterdon] school referendum"

—"Ramapo High School guard says he was let go for revealing security lapse to parent"

—" Barclay gets nomination for Pleasantville City Council seat"

—"With no pedestrian deaths since 2018, Hoboken sets example for NJ "

INTRODUCING POWER SWITCH: The energy landscape is profoundly transforming. Power Switch is a daily newsletter that unlocks the most important stories driving the energy sector and the political forces shaping critical decisions about your energy future, from production to storage, distribution to consumption. Don't miss out on Power Switch, your guide to the politics of energy transformation in America and around the world. SUBSCRIBE TODAY.

EVERYTHING ELSE

SCARLET-FACED KNIGHTS — "As debt soars, Rutgers athletics drops millions on credit cards for steaks, Disney, Broadway," by The Record's Abbott Koloff and Jean Rimbach: " A luau and beach yoga at sunset in Hawaii. A guided snorkeling tour in Puerto Rico. Ax throwing in Texas. Tickets to Disney World and Broadway shows. Luxury hotels in Paris and London. Chilled lobster, seafood towers and Delmonico steaks back home in New Brunswick. Even as Rutgers University athletics continues to run up tens of millions of dollars in annual operating deficits, it shows little restraint when spending on extravagances for its athletes, coaches and recruits. A review by NorthJersey.com and the USA Today Network New Jersey of more than five years of credit card charges by the athletics division — more than 30,000 purchases totaling nearly $10 million — provides a unique glimpse into the cost of competing in big-time college athletics …

"Meanwhile, Rutgers athletics has been accumulating the biggest deficits in major college sports — even as professors have been furloughed and some students struggling to cover expenses make use of a food pantry on campus. The university's board of trustees just approved a 2.9% tuition increase for in-state students for the coming year, and tuition and fees have risen by 24% since 2012."

—"Ben & Jerry's sues Unilever, claims latest West Bank move risks progressive mission"

—" Spirit Airlines gets 16 more runway slots at Newark Airport as consumer group raises concerns"

ICYMI — The Clerks III trailer dropped yesterday

A message from Rise Light & Power:

The Outerbridge Renewable Connector (Outerbridge) – a proposal before the New Jersey Board of Public Utilities – would enable the state to harness offshore wind energy by repurposing an abandoned brownfield, revitalizing an industrial-zoned waterfront, and supporting the local and state economy without impacting our beaches.

Outerbridge, proposed by Rise Light & Power, would be an underground electrical transmission project functioning as an "extension cord" and connecting energy generated by offshore wind farms to New Jersey's power grid. Outerbridge would support New Jersey's economic growth and resilience strategy. It is projected to deliver clean energy to 1.4 million homes and generate more than $1 billion in economic activity.

The project would minimize community disruption, protect environmentally sensitive areas and repurpose the past to power the future. Outerbridge would play a key role addressing the health and economic dangers of climate change while protecting the Jersey Shore we know and love.