News: POLITICO New Jersey Playbook: Will Wainer Apter go around senatorial courtesy?

Thursday, July 14, 2022

POLITICO New Jersey Playbook: Will Wainer Apter go around senatorial courtesy?

Jul 14, 2022

Presented by NextEra Energy Transmission

The state Supreme Court has an unprecedented three vacancies, with just one of those seats temporarily filled by an appellate judge.

State Sen. Holly Schepisi (R-Bergen) and the Murphy administration have still not reached a deal that would convince Schepisi to stop exercising senatorial courtesy and sign off on Murphy's nearly year-and-a-half old nomination of Englewood's Rachel Wainer Apter for one of those seats.

And don't expect the Murphy administration to fill the other vacant seats — including the one vacated by Republican Faustino Fernandez-Vina in February — until Wainer Apter gets the sign off.

So with no signs of progress, what's next? Wainer Apter is considering an option she's had all along: Moving from Bergen County, where Schepisi can block her, to a county with senators who won't.

I got differing takes from two sources I talked to about how likely this is. Both said it's a consideration. One cautioned me against saying it's "increasingly" likely that she'll move, but another said that it's looking like that and that the Senate could hold confirmation hearings in August. Murphy would also likely nominate Westfield's Douglas M. Fasciale, a Republican. I'm told that Senate President Nick Scutari has grown fond of.

It's worth noting that, while nobody in the media witnessed it, Wainer Apter acknowledged that she'd be willing to move for the job during a talk at Rider University.

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 148

WHERE'S MURPHY? Maine for the National Governors Association meeting

WHERE'S OLIVER? No public schedule

QUOTE OF THE DAY: "[N]obody will make you as happy as I did." — Ocean County Commissioner Joseph Vicari, allegedly, to a woman suing him for sexual harassment.

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HAPPY BIRTHDAY — Lt. Gov. Sheila Oliver, Assemblymember Vicky Flynn, Ewing Councilwoman Sarah Steward

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WHAT TRENTON MADE

JUROR BOXES TO BE EQUIPPED WITH FIRE EXTINGUISHERS FOR INEVITABLE VERDICT REVEAL PARTIES — "Newborn screening program used to aid criminal investigation, public defender says ," by New Jersey Monitor's Nikita Biryukov: "Blood drawn as part of a mandatory New Jersey newborn testing program could end up as evidence in the hands of law enforcement. The state Office of the Public Defender is alleging law enforcement in New Jersey obtained blood taken as part of the program and used it to charge the child's father with a crime, an allegation that has led to cries of alarm from civil liberties advocates. 'This program was developed for health purposes and to protect health, and there's no consent process for the state taking this information from newborns,' Jeanne LoCicero, legal director of the American Civil Liberties Union of New Jersey, told the New Jersey Monitor. 'Parents, when this happens, trust the state to protect this sensitive information and not make it easily available to law enforcement agencies or other agencies.'"

BUSTIN THE CAP — "The 25 highest paid superintendents in N.J.," by NJ Advance Media's Tina Kelley and Katie Kausch: "Many of New Jersey's small, wealthy school districts gave generous raises to their superintendents since the state eliminated its salary cap in 2019, while statewide average pay increases remained moderate, an analysis of new state Department of Education data shows. NJ Advance Media analyzed available base salaries for superintendents who led the same district in the school years since the $191,584 cap on salaries was lifted. In a third of those districts, superintendents received raises of 25% or more, while the average school superintendent in that group received a 13% pay raise … . In the 25 districts with the largest pay increases, 6% of the students were economically disadvantaged, far below the state average of 33% … In the 700-student Demarest district, Superintendent Michael Fox saw the state's highest salary increase of almost 50%, from $153,967 to $228,477. Millburn's superintendent, Christine Burton, saw her salary go from $167,500 to $244,685, a bump of 46%, the second-highest in the state."

SPEND TAXPAYER MONEY WITH ABANDON: NO CONSEQUENCES. GROW ONE CANNABIS PLANT: PRISON TIME — " NJ employee payout limits lack legal enforcement," by NJ Spotlight News' Colleen O'Dea: "When the Legislature passed laws in 2007 and 2010 designed to save taxpayers money by limiting sick leave cash-outs for local public employees, it did not explicitly add an enforcement mechanism. And that may be one of the reasons why the Office of the State Comptroller found that nearly all of 60 municipalities examined are violating at least one provision of those laws, at a cost to taxpayers that could exceed tens of millions of dollars over time. The amount is not surprising, given an NJ Spotlight News analysis of state Department of Community Affairs data found the current value of accumulated leave time owed to municipal employees alone totaled $934 million last year, not including county and school employees."

HAVE QUESTIONS ABOUT ROE BEING OVERTURNED? JOIN WOMEN RULE ON 7/21: Now that the Supreme Court has overturned Roe v. Wade , abortion policy is in the hands of the states and, ultimately, voters. Join POLITICO national political correspondent Elena Schneider for a Women Rule "ask me anything" conversation featuring a panel of reporters from our politics and health care teams who will answer your questions about how the court's decision could play out in different states, its impact on the midterms and what it means for reproductive rights in the U.S. going forward. SUBMIT YOUR QUESTIONS AND REGISTER HERE.

EAZY-P OF NGA — "Phil Murphy becomes chair of The National Governors Association this week. What might that entail?" by New Jersey Globe's Joey Fox: "On Friday, Gov. Phil Murphy will become chairman of the National Governors Association (NGA), an organization linking the country's 55 state and territorial governors in a loose coalition. Murphy is the first New Jerseyan in history to chair the NGA, which was founded in 1908 and which is holding its annual summer meeting this week in Portland, Maine. Unlike most other national political roles, the position of NGA chair doesn't come with any obvious responsibilities that might be noticed by most Americans. Each of the country's governors leads their own state in their own way, making the NGA an interesting hybrid organization whose power is dependent on the governor leading it. 'It's really what you make of it,' Murphy advisor Mahen Gunaratna said. 'Governor Murphy will be a pretty active chair, and he'll want to mobilize governors of both parties on issues of mutual concern.' … Murphy, who has only ever held state-level office, now has a national perch from which he can do two key things: advocate on behalf of New Jersey's interests, and promote New Jersey's values to the rest of the country."

RICHIE RICHARDSON — " Money still piling up for NJEA brass," by The Star-Ledger Editorial Board: "Sunlight Policy Center of New Jersey tracked down the NJEA's IRS filing from 2019 and found salaries that would make Rutgers coaches blush, starting with $2.5 million in compensation for Ed Richardson, the executive director who has since retired. In fact, on its list of 'highly compensated employees,' there was plenty of cash on hand to compensate the NJEA's dream team: Sunlight points out that the top 10 highest-paid leaders in the union made a total of $7.7 million that year … The union assails Sunlight's interpretation of the IRS figures, noting that it's more accurate to differentiate the standard salary in one column from the 'estimate amount of other compensation' in another. In Richardson's case, he has a reported compensation of $338,000, but the $2,147,335 in 'estimated compensation' is an "'ctuarial projection of a pension amount that may be paid to that employee'" according to NJEA communications director Steve Baker, who claims that the latter amount is 'not guaranteed as payment later.'"

—" How can NJ cut high death rate among Black mothers in childbirth? This group has a plan"

—Lassiter: "(Still) fixing NJ's medical cannabis program"

—"N.J. extends deadline for rental help program after technical glitch"

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BIDEN TIME

—"'Take a stand:' NJ leaders call on President Biden to defend slain journalist on Middle East trip"

—"CD-11 flashpoint: Where is SALT?"

LOCAL

RETURN OF A MACK — "Ralphiel Mack, fired from DCA, lands new gig at Mercer County Park Commission ," by The Trentonian's Isaac Avilucea: "Mercer County Executive Brian Hughes has a soft spot in his heart for ex-convicts. County officials confirmed Wednesday that convicted briber Ralphiel Mack was hired late last month as an administrative assistant for the Mercer County Park Commission. The brother of ex-Trenton Mayor Tony Mack is being paid $60,137 a year to help coordinate events for the Park Commission, county spokesman Michael Boonin told The Trentonian … Mack's hiring comes three months after he was fired as a constituent services representative for the Department of Community Affairs not long after being quietly hired by Lt. Gov. Sheila Oliver's office … Ralphiel Mack … served 30 months in federal prison after he and his brother were convicted in 2014 in a parking-lot bribery scheme that aimed to fleece Trenton taxpayers. County flack Boonin said that both Hughes and Park Commission Executive Director Aaron Watson signed off on Ralphiel Mack's hiring, which was official June 27. 'This administration believes in giving people a second chance and is committed to that,' he said."

HALF A MASTRO — " Atlantic County seeks millions in damages over state's breach of PILOT settlement," by The Press of Atlantic City's Alison Burdo: "Attorneys for Atlantic County told a Superior Court judge on Wednesday the county is owed millions of dollars in damages and legal costs after the state breached a 2018 agreement when the Legislature passed a law amending the Atlantic City casino industry's payment-in-lieu-of-taxes program. Ronald Riccio, a lawyer representing the county, said Wednesday it should receive $4,725,000 — or the difference between what the county would have received in 2022 had the law not changed and what the new PILOT system allocates for the county this year — and any attorney fees incurred since the litigation began late last year … Recalling Gov. Phil Murphy signing the legislation, sponsored by former Sen. Steve Sweeney, into law, he also called for a sanction against the state — saying the two politicians 'flouted' the 2018 consent order. 'I'm asking for a sanction in form of a recognition in your honor's decision that what happened here was unconscionable, that it threatened the separation of powers, that it undermined the rule of law, and that it disregarded the integrity of the court order,' Riccio said. 'If court orders can be disregarded by the governor, well then presumably anybody can follow his lead.'"

YOU BETTER NOT STRIKE, YOU BETTER NOT GRIPE, YOU BETTER NOT, UH, USE THE BATHROOM, I'M TELLING YOU WHY. AMAZON IS COMING TO TOWN —"Woodland Park confirms Amazon will occupy new warehouse on former Kearfott site," by The Record's Matt Fagan: "The worst kept secret in the borough has been who would be the future tenant of a new logistical warehouse on the site of the former Kearfott building on McBride Avenue. For months the rumor was that Amazon was interested in leasing the 205,000-square-foot mixed-use building from the Stro Company. On Tuesday Mayor Keith Kazmark officially confirmed the rumor. 'It's Amazon Prime Day,' Kazmark said. 'So what better day to announce that Amazon will be coming to town? Yes, it's sort of like Santa Claus.' Like St. Nick, the mayor said the move will bring all sorts of goodies to the borough."

A DREAM PAYMENT DEFERRED — "American Dream has withheld millions, say Meadowlands mayors. What your town says it is owed," by The Record's Daniel Munoz and Davaughnia Wilson: "Three years after its grand opening, the American Dream mall and entertainment complex still owes surrounding towns in the Meadowlands more than $9 million in negotiated payments, with bills to local governments and investors continuing to pile up. The $9 million accounts for just three local municipalities − East Rutherford, Carlstadt and Secaucus − and doesn't cover all installments the mall allegedly owes to a total of 14 towns in the region, some of the fees amounting to tens or hundreds of thousands of dollars per community."

IT WAS THE WORST OF TIMES, IT'S STILL THE WORST OF TIMES — "A tale of 2 cities: Atlantic City, hosting the NAACP convention, was transformed by its casinos. But many were left behind," by NJ Advance Media's Vashti Harris and Ted Sherman: "According to the New Jersey Division of Gaming Enforcement, year-to-date total casino "win" — the net dollars casinos retain after paying all bets — for the nine casino hotel properties in Atlantic City this year through May was $1.08 billion. Yet the median household income in the city is just $29,526, according to the U.S. Census data. More than 35% of the city's 38,500 residents — with Blacks, Hispanics or those of mixed race representing 70.7% of the population — live in poverty. About 17% have no health insurance. Even Wall Street has taken note, with Moody's Investor Service once calling Atlantic City's income inequity 'starkly evident in the city's juxtaposition of high unemployment and poverty and opulent casinos.'"

—"Ocean County election board chairman [Holman] resigns following Gilmore's surprise win'"

R.I.P. — " [Helmetta] volunteer fire chief killed in motorcycle crash, officials say"

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EVERYTHING ELSE

INSANE IN THE MEMEBRANE — "NJ brewers battle new restrictions with memes, petitions and public outrage," by The Record's Rebecca King, Hira Qureshi and Alex Biese: "Scott Wells, co-owner of Bolero Snort Brewery in Carlstadt, has spent the last few days cranking out memes. All are about the New Jersey Division of Alcoholic Beverage Control's special ruling that went into effect on July 1. One posted on Facebook on July 4 has the image of an eagle and says, 'Happy Independence Day: I had to file an event permit to advertise this meme' — a reference to the rule that breweries must now file a permit for any event (including yoga nights and sports championship viewings) advertised on social media … Wells may be leading the tongue-in-cheek social media movement to ridicule what many brewers consider unfair rules laid on them through the special ruling. But he's certainly not the only person vocally protesting the restrictions laid on breweries. Under the ruling, microbreweries are allowed to hold 25 on-site activities, like trivia and music nights, annually, as well as 52 private parties. Breweries can also attend 12 off-premises events, such as town and holiday celebrations. They must file permits for each event held in-house and for every festival they attend. Before the ruling, breweries could hold an unlimited number of events."

AND YET CNBC IS STILL HEADQUARTERED IN NJ — " By putting partisanship aside, North Carolina ranks No. 1 in America's Top States for Business, with the nation's strongest economy," by CNBC's Scott Cohn: "The biggest decline belongs to New Jersey, dropping 16 places to finish 42nd overall. The Garden State falls to dead last in the Economy category, including America's least healthy pension systems, according to data compiled by the Pew Charitable Trusts."

—"Bergen man among trio who tried to sell stolen Eagles lyrics, Manhattan DA says"

—" Filming of MTV new 'Jersey Shore 2.0' series has 'paused' in Atlantic City"

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NextEra Energy didn't become the world's largest generator of wind and solar power overnight. We've been building and operating large-scale energy projects across North America for decades and powering New Jersey for nearly a quarter-century. Our first solar farm in the Garden State was built in West Deptford. Yet, our contributions have gone far deeper—from counseling local businesses on how to reach clean energy goals and operating battery storage facilities to providing dozens of solar sites on buildings from Cape May to High Point and working to help New Jersey reach its offshore wind goals. We know how to get big, complex projects done on time and on budget. We power homes, neighborhoods, and entire cities, all while putting customers first, prioritizing the environment, and working with local communities to create jobs and limit disruptions. NextEra Energy Transmission is committed to empowering a greener New Jersey.