News : POLITICO New Jersey Playbook: An Apter justice

Tuesday, September 6, 2022

POLITICO New Jersey Playbook: An Apter justice

Sep 06, 2022

Presented by Anbaric Development Partners

Good Tuesday morning!

After I spent the last year and a half covering the standoff over Rachel Wainer Apter's Supreme Court nomination, the governor's office and state Sen. Holly Schepisi (R-Bergen) decided to wrap it up at the end of my vacation. This, of course, was all about me from the start. Now I'm back, it's done, and Wainer Apter doesn't have to move from her home in Englewood to get around Schepisi's hold on her nomination.

Part of the deal is that Republican Appellate Judge Doug Fasciale — currently a temporary Supreme Court justice — will be nominated. But that was already virtually a done deal, with the senate president pushing hard for him. Schepisi told reporters that something she got out of the deal was an assurance that the court's historical partisan balance will remain.

But really, was that traditional partisan balance ever in question? Schepisi had concerns about Wainer Apter's background working for liberal causes. But she'll still get a seat. And I never got the impression in any of my reporting that Murphy was seeking to change the court's traditional makeup, where no single party occupies more than four of its seven seats.

Admittedly, I wasn't around to report on the deal when it was struck. But it doesn't really seem like anything major changed.

DAYS SINCE MURPHY REFUSED TO SAY WHETHER HIS WIFE'S NON-PROFIT SHOULD DISCLOSE DONORS: 213

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

HAPPY BIRTHDAY — Former Gov. Chris Christie, ACLU's Ari Rosmarin, former CIA spox Brittany Brammell Punaro

WHERE'S MURPHY? No public schedule

QUOTE OF THE DAY: "President Biden was here, Governor Murphy was here, they walked the street with me, and they said they were going to help … Twelve months later, I'm still waiting for help." — Manville Mayor Richard Onderko on Ida recovery funds

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WHAT TRENTON MADE

I DON'T LIKE THE WAY THIS LAW WORKS IT. THEY'RE STILL BAGGING IT UP — "Why do some people in New Jersey suddenly have bags and bags of bags?" by The New York Times' Clare Toeniskoetter: "Nicole Kramaritsch of Roxbury, N.J., has 46 bags just sitting in her garage. Brian Otto has 101 of them, so many that he's considering sewing them into blackout curtains for his baby's bedroom. (So far, that idea has gone nowhere.) Lili Mannuzza in Whippany has 74. 'I don't know what to do with all these bags,' she said. The mountains of bags are an unintended consequence of New Jersey's strict new bag ban in supermarkets. It went into effect in May and prohibits not only plastic bags but paper bags as well. The well-intentioned law seeks to cut down on waste and single-use plastics, but for many people who rely on grocery delivery and curbside pickup services their orders now come in heavy-duty reusable shopping bags — lots and lots of them, week after week … Emily Gonyou, 22, a gig worker in Roselle Park who provides shopping services for people through Instacart, said she was surprised when she learned the delivery company had no special plans for accommodating the ban. 'They pretty much said, 'OK, do exactly what you're doing, but with reusable bags,' she said."

THE VAUSS DEFERENCE — " Irvington Council President Burgess receives key backing for LD28 Senate seat," by InsiderNJ's Max Pizarro: "At a meeting this morning Essex Democrats in LD28 received the name of Irvington Council President Renee Burgess as the choice by the bulk of the committee to assume the LD28 seat of retired state Senator Ronald L. Rice. A special convention is set for Sept. 9th at Bloomfield College. About 60% of the committee backs Burgess. Look for the cascade of establishment endorsements in the coming hours and days. Bu the story hardly ends there, as LD28 right now carries larger political implications. The West Ward and South Ward of Newark do not support Burgess, and instead favor Assemblywoman Cleopatra Tucker for the seat. The west and the south contain those committee members mostly in the camp of Newark Mayor Ras Baraka, who backs Tucker. Burgess … has the backing of Team Irvington Strong and Irvington Mayor Tony Vauss, and attendant allies, including Bloomfield."

—"Election to fill Rice's Senate seat set for September 9"

IDUNNO — A year after Ida, stalled flood rule dogs Murphy, by POLITICO's Ry Rivard : When intense flooding caused by the remnants of Hurricane Ida killed 30 people in New Jersey a year ago, Gov. Phil Murphy vowed to "update our playbook" for extreme weather. But since then, a key part of the state's plan to protect lives and property has stalled. The administration was already working on a new rule to restrict development in flood prone areas, but the task took on new urgency after the remnants of Ida touched down a year ago [Sept. 1]. Yet the rule, which would have required certain new buildings to be flood-proofed, is now in limbo after the administration seemingly botched its rollout, alarming environmentalists and raising questions about whether the lessons of last year's tragedy will go unlearned.

—"'Life turned completely upside down': Dozens in South Jersey still not in homes one year after Ida tornado "

NOW AND 'LATER!' — " Upheaval at National Organization for Women of New Jersey as state leaders resign abruptly," by New Jersey Monitor's Dana DiFilippo : "The National Organization for Women of New Jersey was thrown into turmoil on Thursday when the group's president and seven other leaders resigned and accused some leaders and members of NOW's county-based chapters of name-calling, bullying, and harassment. The resignations, which mark the second time since 2018 that the group has seen mass resignations among its state leaders, leave the organization without state leadership at a time when women's rights nationally dominate headlines, especially since the U.S. Supreme Court overturned federal abortion protections in June. One local NOW-New Jersey leader characterized the loss of the state leaders as "terrifying." Anjali Mehrotra, who has served as NOW's state president since January 2019, said long-simmering internal tensions had racist and ageist overtones those who resigned could no longer tolerate."

THE WAREHOUSE COMPANIES WILL SIMPLY FIND A DIFFERENT STATE THAT'S LOCATED IN THE NATION'S DENSEST CORRIDOR AND CRISSCROSSED BY HUGE HIGHWAYS — " As NJ warehouse workers denounce abuse, wage theft, owners push back on new protections," by The Record's Daniel Munoz : "Culminating two decades of lobbying by activists, state legislators this summer approved a temp workers' 'bill of rights' to regulate the industry. Dozens of temporary staffing firms would be forced to register with the state, offer enhanced benefits and provide pay equal to what full-time employees at their workplaces receive. Violators would be subject to fines of up to $5,000 a day. The legislation, S511, passed the Democratic-controlled Legislature and now sits on the desk of Gov. Phil Murphy. He hasn't said whether he'll sign the measure into law Business groups are urging Murphy to issue a conditional veto of the bill, sending it back to legislators for modifications. The current proposal is 'unworkable,' they argue, and would jeopardize an industry that's provided a foot in the door and stable employment for thousands in warehousing, manufacturing, transport and logistics."

POLITICAL CLAW MACHINE — Murphy proposes bipartisan legislation to claw back tax dollars from other states , by POLITICO's Carly Sitrin: Gov. Phil Murphy announced late Thursday that he is proposing a new bill — with bipartisan legislative support — that would claw back tax dollars New Jersey residents pay to other states where their employers are located. According to a statement from the front office, the measure , which has yet to be given a bill number, is "designed to confront the long-standing issue of tax credits New Jersey provides to residents who pay taxes to other jurisdictions, which has cost the State billions in foregone revenue."

*EXCEPT WHEN WE CENSOR OTHERS ON YOUTUBE — "NJEA: We won't give in to censors. We'll give children a deep, well-rounded education ," by Sean Spiller for The Star-Ledger: "From New Jersey's thoughtful, age-appropriate health and sex education learning standards, to our Amistad and Holocaust curricula, to climate change lessons, to the requirement that our students know about the cultural and historical contributions of LGBTQIA+ Americans, the Garden State has long been a national leader in learning. We make sure that our students don't just excel in the basics (though they do!) but also have a deep, broad, well-rounded education. It's a formula that's long worked well in New Jersey. But there are storm clouds gathering in the form of mean-spirited and dishonest attacks targeting efforts to teach New Jersey children the truth. Apparently, the truth is threatening to some people. We've seen wild allegations about curricula, about schools and even about educators themselves. We've seen attempts to ban books. We've seen legislation proposed to suppress free speech in schools. We've seen threats by some elected school board members to disregard the law and impose their own political agendas in place of our students' right to a comprehensive, truthful education."

CALIFORNIA OF THE EAST? — Will New Jersey follow California's lead to ban the sale of gas-powered cars by 2035?, by POLITICO's Ry Rivard: New Jersey officials might be gearing up to follow California's plans to ban the sale of new gas-powered cars and trucks by 2035, but it's not clear if Gov. Phil Murphy's administration will immediately take the plunge. California air regulators last [month] adopted a first-in-the-nation mandate to phase out the sale of new vehicles with internal combustion engines. New Jersey law and rules suggest the state should follow California's lead on clean car rules. Larry Hanja, a spokesperson for the state Department of Environmental Protection, said in a statement the agency is "committed to achieving the bold clean energy and emissions reduction goals set out by Gov. Murphy." However, he did not address when or if New Jersey would begin the rule-making process necessary to adopt the California rule.

NEW JERSEY PARENTS DO NOT MAKE TRENTONS — "Data dive: How we name babies," by Axios' Erin Davis: "Across more than 1,300 U.S. place names, 900 (67%) were more common in their home states than the rest of the country, based on Social Security records … But New Jersey parents eschew Trenton, the capital, as a name: It's 85x less common in the Garden State than in the rest of the country."

—"Murphy wants to change how remote workers are taxed. But it's not simple, experts say "

—Conaway mulling California-inspired regulations on social media companies

— Murphy directs DHS to monitor distribution of millions in opioid settlement funds

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

—"The 2022 congressional battleground: Six critical collisions"

—"NJ Congressmen slam 7-month 'debacle' probing Manalapan man's Navy SEALs training death"

—Mulshine: " The battle of Livingston: In his new book, Jared Kushner targets Chris Christie"

A message from Anbaric Development Partners:

LOCAL

CAMDEN COMPROMISING — Camden advocates stand behind amended residency ordinance, by POLITICO's Carly Sitrin: Camden activists are coalescing behind an ordinance that would require many employers in the city to disclose where their workers live despite earlier concerns that tweaks to the measure could include a "poison pill" designed to tank it. According to a statement from The Camden We Choose Coalition and the New Jersey Working Families Party, which frequently oppose the local Democratic machine, "though the ordinance that Council passed contains significant changes from the one originally proposed," the community advocates "decided against challenging the final result because they believe that the heart of the legislation will survive a potential legal challenge."

SAYREVILLE IT AIN'T SO — "Sayreville Democratic leader charged for soliciting bribe to influence strip club investigation," by New Jersey Globe's David Wildstein: "Thomas V. Pollando, the Sayreville Democratic municipal chairman and a former councilman, has been arrested on bribery charges connected to the Middlesex County Prosecutor's investigation into a local strip club, the New Jersey Globe has confirmed. As part of the probe of XXXV Gentlemen's Club (Club 35), which was charged with money laundering and promoting prostitution in June, investigators learned that Pollando had offered to exert influence on how that case might go in exchange for a cash payment. 'Over a several week period in July and August 2022, Detectives from the Middlesex County Prosecutor's Office were conducting electronic surveillance of a business in Sayreville,' the Middlesex County Prosecutor's office said in a statement. 'While conducting surveillance, detectives observed Pollando accept several thousands of dollars in cash, and state that he would attempt to use his political clout to influence an ongoing criminal case.'"

NO ONE WILL BE HACKENSACKED — "As morale craters and arrests dive, Hackensack police brass grab overtime pay, audit says ," by The Record's Steve Janoski: "The Hackensack Police Department is a poorly led agency whose senior officers focus more on lining their pockets with overtime pay than performing actual police work, concludes a scathing report by a former Bergen County chief whom the city hired to review the department. Written by Robert Anzilotti, the retired chief of the Bergen County Prosecutor's Office, the report paints a particularly damning portrait of Hackensack's officer-in-charge, Capt. Darrin DeWitt. Although it never mentions DeWitt by name, the report said he and other ranking officers are 'some of the highest earners related to unscheduled overtime, compensatory time, and extra duty traffic details.' Meanwhile, morale has cratered among the department's rank-and-file, arrests have plummeted by 85% in the last eight years and city detectives boast a clearance rate of just 11%, the report said … The report is the latest in a series of calamities for the 107-officer force, which for the last 15 years has been besieged by controversies, lawsuits, infighting, administrative complaints and officer arrests."

WHEN HE'S NOT POSTING STUFF ON SOCIAL MEDIA, GROSSMAN CAN BE EFFECTIVE — " How a small group called Liberty and Prosperity took on the casino PILOT and won," by The Press of Atlantic City's Michelle Brunetti Post: 'While it may seem that a small nonprofit came out of nowhere to successfully challenge the casino industry and New Jersey government over how much money casinos pay instead of property taxes, the truth is a little different. Liberty and Prosperity is no fly-by-night organization; it will celebrate its 20th anniversary next year. It also isn't new to fighting for taxpayer and citizen rights, having done that for years, said founder and President Seth Grossman … Last week, Atlantic County Assignment Judge Michael Blee ruled in favor of Liberty and Prosperity in its lawsuit against the state, deciding that 2021 amendments to the casino payment-in-lieu-of-taxes law were unconstitutional. The amendments cut the amount casinos had to pay to replace property taxes by $55 million a year."

TWO PEOPLE ACTUALLY PUT THEIR REAL NAMES ON THIS COMPLAINT — "NJ tosses ethics charge against Hunterdon school board member for wearing Pride mask," by MyCentralJersey's Mike Deak: "The state School Ethics Commission has cleared a Hunterdon Central Regional High School Board of Education member of an ethics charge for wearing a Pride face mask during a school board meeting. The commission also voted to fine the two people who brought the complaint $100 for filing a frivolous complaint. The complaint, filed April 14 by Lisa Santanagelo and Sandy Ostrander, against board member Noelle O'Donnell, arose from a heated Feb. 28 board meeting, attended by more than 300 people, when a parents group, Protect Your Children, pushed the school district to remove LGBTQ books from the school's curriculum. Most students and community members spoke at the meeting against the removal of the books … They alleged her 'display of support towards one particular group of students sends a message to other students, parents and community of various opinions and beliefs that they are not supported.' … The commission wrote that the complaint's suggestion that wearing the mask was evidence that O'Donnell does not advocate for all students is 'flawed, imprudent and insensitive.'"

—" Settlement leads to major shakeup for Palisades Park police. Here are the details"

—"Hightstown softball coach who was 'person of interest' in girlfriend's murder found dead in PA"

—"After a failed recall attempt to oust a South Jersey school board member, her seat is up for grabs again"

—" Students' mental health goes to the head of the class for Jersey City school district"

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EVERYTHING ELSE

—"NYC congestion pricing hearings show many oppose it for many different reasons"

—"Tuition is going up at nearly all of N.J.'s 4-year colleges. Here's what it will cost"

—" 'Short,' 'sweet' and 'affordable': Why NJ trade schools and their graduates are thriving"

—"Monmouth County SPCA thwarts 'kitten-napping' at Eatontown animal shelter "

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