Friday, April 21, 2023

Brindle sues again

Presented by Alibaba: Matt Friedman's must-read briefing on the Garden State's important news of the day
Apr 21, 2023 View in browser
 
New Jersey Playbook

By Matt Friedman

Presented by

Alibaba

Good Friday morning!

ELEC Executive Director Jeff Brindle filed a second lawsuit against Gov. Phil Murphy on Thursday, this time targeting the implementation of aspects of the Election Transparency Act.

One of the arguments the lawsuit makes is that the part of the law that appears aimed at ousting Brindle by allowing Murphy to unilaterally appoint ELEC’s new commissioners is “special legislation” that’s outlawed by the New Jersey Constitution.

There’s no doubt in my mind that this provision of the law was written with Brindle’s ouster in mind, especially considering that it came after the Murphy administration tried to oust Brindle over an allegedly homophobic email, and that the Legislature had tried to do the same thing more directly through an amendment to the bill that failed. But over the years, I’ve seen a lot of legislation pass that was clearly geared toward one town or one person, be it economic incentives or pension boosting (See The Redd Act of 2018). This kind of legislation doesn’t identify a specific person or town, but it winnows down eligibility through factors like, say, population or the number of years a person has worked.

I can’t think of many instances in which I’ve seen these laws overturned. A source pointed me to the initial tossing out of the Municipal Rehabilitation and Recovery Act in 2002, and I imagine there are probably at least a couple more. Just not many.

As Rider Professor Micah Rasmussen tweeted: “There are entire parts of our constitution that are not enforced, like the state debt provisions. We simply pretend they’re not there, like a drunk uncle.

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

QUOTE OF THE DAY: “We got back to New Brunswick and it's been the same tricks ... slow bargaining, not responding to critical demands, playing whatever foolish stupid games they've been playing … So yes, we are pissed off. And we are asking ourselves what we need to do and what's going to need to happen before the semester ends in order to get the contract we need to get.” — Rutgers AAUP-AFT VP Todd Wolfson

HAPPY BIRTHDAYTom Kean Sr., Hetty Rosenstein, David Rousseau, Tony Teixeira, Rich DeRose, Matthew Anderson, Marty Steinberg.  Saturday for Lori Price Abrams, Walter Fields, Ryan Jones, Al LiCata. Sunday for Maisha Moore, John Rooney, Wayne Zitt.

WHERE’S MURPHY? No public schedule.

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WHAT TRENTON MADE


BARGAINERS EAGER TO RETURN TO MURPHY’S NICE NEW OFFICE — ‘Pissed off’: Rutgers unions mull resuming strike amid mounting frustration over finalizing contract, by POLITICO’s Daniel Han: Rutgers University faculty unions are expressing frustration with the pace of finalizing contract negotiations with the university — with a possible strike resumption looming. Rutgers resumed classes on Monday after a historic faculty strike which included 9,000 workers in three unions, impacting Rutgers’ approximately 67,000 students. Faculty unions and Rutgers officials negotiated in the Statehouse for five days after Gov. Phil Murphy personally intervened. But while the two sides reached a “framework” deal, unions have described the Rutgers University administration as being slow-moving on finishing it since negotiations resumed in New Brunswick … Now, with the strike suspended — but not permanently over — union leaders are discussing going back to the picket line. Amy Higer, president of the Rutgers PTLFC-AAUP-AFT, which represents part-time lecturers, said it is “possible” a strike resumes — although she said it was hard to gauge how likely it is with such a fluid situation.

—Stile: “An unexpected gift? NJ public college unions eye the Rutgers agreement with hope” 

MARIJUANA MUNICIPAL MADNESS — “One year after legalization, marijuana’s social-justice promise falls short,” by NJ Spotlight News’ Taylor Jung: “Tiyahnn Bryant and Precious Osagie-Erese started their recreational marijuana company, Roll Up Life, six years ago and they appeared to do everything right to secure a license. Their application to sell in East Orange was the top-scoring in the city. They spent over $100,000 on community events … Just over a week ago, they were told they wouldn’t get that license. The reason? City zoning rules. ‘It was extremely painful. Because at the end of the day, this is a business we’re building, but it’s also our lives — changing the trajectory of our lives to chase this opportunity,’ Osagie-Erese said. When recreational marijuana was sold legally in New Jersey for the first time one year ago, Black and brown business owners including Bryant and Osagie-Erese were disappointed that they couldn’t be among the first to sell. And now, as that anniversary of legalization approaches this week, they and others are pointing to the local officials setting the rules as to why many still can’t operate their businesses.”

—“N.J. legal weed launched a year ago, but few new shops are opening. Here’s why,” by NJ Advance Media’s Susan K. Livio: “Other troubles are uniquely New Jersey, or magnified by New Jersey’s idiosyncrasies. Only about one-third of the state’s 564 municipalities have passed resolutions or ordinances accepting cannabis businesses. If a prospective permit holder is lucky to get the green light from the mayor and governing body, the planning and zoning vetting process typically takes a year or more. And that’s if they can buy or lease a shop or warehouse in the nation’s most developed state.”

—“NJ legal weed: What we've learned, one year after recreational marijuana sales began” 

—“Business as usual will not lead to a socially equitable cannabis market in New Jersey | Opinion” 

EVERLASTING GOBSMACKING COSTS — “Prisons commish defends ‘gobsmacking’ costs during budget questioning,” by New Jersey Monitor’s Dana DiFilippo: “Criminal justice reformers in recent years have celebrated New Jersey’s plummeting prison population, the result of sentencing reforms, improved reentry services, and pandemic-related releases. But the state’s correctional spending largely failed to follow the same nosedive, which put Department of Corrections Commissioner Victoria Kuhn in the hot seat Wednesday when an Assembly panel grilled her on her $1.2 billion state budget request for the coming fiscal year. After Kuhn detailed her department’s needs, Assemblyman Brian Rumpf (R-Ocean) did some math. New Jersey’s prison population — now about 13,350 — fell by half in the past decade, Rumpf noted. Yet over the same time, the system’s per-person cost almost doubled, he added. ‘Why aren’t we seeing a reduction in spending that goes along with that reduction in incarceration?’ he said”

DECROCE GETS HIS GOAT — “Bergen versus DeCroce gets ugly,” by InsiderNJ’s Fred Snowflack: “Brian Bergen, a Morris County Assemblyman involved in a bruising Republican primary, is threatening to sue opponent BettyLou DeCroce for ‘libel’ or 'slander' – whatever is most appropriate. Suits like this are certainly not unheard of, but this one has a twist. DeCroce hasn’t done anything yet. But Bergen is convinced she’s poised to do so. In a letter sent to DeCroce, Bergen opens his missive with the following: ‘It is my understanding that you intend to accuse me of lying about the usage of my business location for Bergen Botanicals, formerly located at 2 Wall Street in Rockaway Borough on a small business grant application. Please consider this letter as your formal notice that if you make those unfounded accusations that I will pursue legal action against you for libel or slander as appropriate.’”

— “NJ Transit fare hikes? Service cuts? Layoffs? Agency faces a nearly $1B deficit in 2026

—“Democrats, Republicans have most cash in a decade ahead of elections for Legislature” 

—Moran: “Scutari’s get out of jail free card

—Snowflack: “The intensification of LD-24” 

—Pizarro: “Fulop laments establishment Democrats’ Malinowski ‘mistake’” 

—“Nine months later, fusion voting case trudges on” 

—“Fare hikes, service changes, everything on table in NJ Transit plan to avoid a $957M deficit” 

—“Beverage Coalition Seeks Compromises To Murphy’s Plan To Increase Liquor Licenses” 

—“NJ sets standards for gambling ads, creates role of responsible gaming coordinator” 

 

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BIDEN TIME

 
CHRISTIE DOES IT FOR FREE — ‘I’m not a paid assassin’: Inside Chris Christie’s 2024 decision, by POLITICO’s Rachael Bade: A few weeks ago, Chris Christie called up a former Republican presidential candidate and asked for some advice: Should he mount a second presidential run in 2024 — facing off against former President Donald Trump for a second time — or was the idea just plain crazy? Taking down the most dominant Republican political figure in a generation, the 60-year-old former two-term New Jersey governor has calculated, requires taking direct aim at Trump’s weaknesses — his questionable character, his lack of discipline and, most of all, his losing record. The ex-candidate, whom Christie wouldn’t name, offered a blunt and encouraging reply: “No one else has the balls to do it.” … It became perfectly clear over the course of a nearly hour-long interview that Christie is itching to launch a campaign — not only is he gleefully throwing haymakers to reporters, he’s already hosted one New Hampshire town hall this year and will host another Thursday. But as he mulls whether to make it official in the coming weeks, he says his decision comes down to: Can I actually win?

—“Judiciary Committee releases Farbiarz, Kirsch federal judge nominations” 

 

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BIDEN TIME


SAYREVILLE — “Fearful after councilwoman’s slaying, N.J. mayor says she won’t seek reelection,” by NJ Advance Media’s Camille Furst: “Sayreville’s mayor said she does not plan to run for re-election for concerns of her safety after a borough councilwoman was shot and killed earlier this year. Mayor Victoria Kilpatrick said at an April 10 council meeting that she is “absolutely” concerned for the safety of herself and her family. Eunice Dwumfour, who served Sayreville as councilwoman, was killed outside her home in February. The case remains unsolved and no arrests have been made. ‘None of us sitting up here, none of us should have to worry about the cars driving past their house. None of us should have to worry about whether their family, their children or grandchildren are safe to take a ride to the park or be home alone,’ Kilpatrick said … The Middlesex County Prosecutor’s Office has not released any leads in the investigation almost three months later. State officials previously said they did not believe the slaying was politically motivated.

Dwumfour, a Republican, started her three-year term on the borough council in 2022 and also served on Sayreville’s human relations commission. Kilpatrick said that since Dwumfour’s death, she has “received even more disturbing comments, calls, some I have seen, some I haven’t, that I can’t even express to you.” In one instance, the mayor received a letter she said was ‘so heinous that it had to be immediately turned over to authorities in order to be processed for forensics.’”

ENJOY YOUR PENSIONS — “Trenton police officers resigning instead of investigation of alleged fake overtime,” by The Trentonian’s L.A. Parker: “Four Trenton police officers, including three captains and one lieutenant, have been forced to resign after they are accused of defrauding the city out of thousands of dollars in fake overtime. An administration official confirmed both circumstance and conclusion to a police scandal kept silent for months despite efforts made by The Trentonian for official comment. Despite an alleged theft by deception of tens of thousands of dollars, the four officers can walk although they must resign by May 1 or face prosecution. The official said all four officers will keep their pensions although severance pay for vacation time and unused sick days will be withdrawn and reclaimed by the City.”

CAR 420 WHERE ARE YOU? — “Four Jersey City cops fired for legal use of marijuana despite AG’s warning,” by The Jersey City Times’ Aaron Morrill: “The officers, who asked to remain anonymous while their petitions are pending before the Civil Service Commission, all deny using marijuana on the job, says their Princeton, New Jersey lawyer, Peter Paris. According to papers reviewed by The Jersey City Times, the city has not alleged their use of marijuana while at work. Instead, the city is arguing that the officers failed to follow departmental orders not to use cannabis at all. In addition the city claims that because they use cannabis, they cannot legally own a gun under federal law, making them unable to serve. Jersey City is one of small number of police departments that require its officers to purchase their own guns … In an April, 2022 letter, the New Jersey Attorney General warned police departments that ‘law enforcement agencies may not take any adverse action against any officers because they do or do not use cannabis off-duty.’”

LIPSKI PROMISES THE RACE WILL BE AMONG THE BEST IN THE URINATION, I MEAN, NATION  — “Jersey City to debut new marathon with 6K runners, including elite athletes,” by NJ Advance Media’s Rob Jennings: “Jersey City is holding a new marathon Sunday, hoping to make the race the premiere running event in New Jersey and a destination for elite runners. The new event is being held 35 years after the city hosted a U.S. Olympics marathon …. While the 1988 race was limited to 108 aspiring Olympians, Sunday’s Jersey City Marathon & Half Marathon is expected to draw more than 6,000 runners, including 42 elite athletes, from 38 states and 28 nations. They will be competing for $50K in prize money, organizers said. One of the nation’s most iconic marathoners — Joan Benoit Samuelson, who in 1984 became the first female Olympics marathon gold medalist — will be greeting runners at the race expo Saturday, speaking at the pasta dinner and visiting the start line Sunday morning, race director Steve Lipski said.”

—“Morris dad who sued over 'white privilege' lessons at high school loses round in court

—“Oakland school board proposes $250,000 to hire armed police for four elementary buildings” 

—“Provider at Trenton neighborhood clinic suing city over $750K in unpaid bills” 

—“Bullying reports are rising at many Jersey Shore high schools. See the data” 

—“[Central Regional] school district where 14-year-old died by suicide faces another bullying lawsuit” 

—“In another narrow vote, Hoboken council OKs rent control ordinance amendments” 

—“[Hawthorne] spent $6.3M to filter polluted wells. It now wants polluters to pay

—“Mayor Sayegh and the Paterson rebirth of Hinchcliffe Stadium” 

 

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EVERYTHING ELSE


THE TOXIC AVENGER — “Accused polluters slapped with 8 lawsuits over ‘toxic legacy’ across N.J.,” by NJ Advance Media’s S.P. Sullivan:  “Environmental regulators in New Jersey on Thursday filed a flurry of lawsuits against companies accused of contaminating properties across the state, many of them relying on a landmark law aimed at protecting poor, urban and minority communities from pollution that just took effect. Eight accused polluters, spread out from Fort Lee to Camden, face charges under previous regulations as well as the Environmental Justice Law, which seeks to limit pollution in ‘overburdened communities,’ according to a statement from state Department of Environmental Protection Commissioner Shawn M. LaTourette.”

—“Family devastated after mom, young daughter found dead in NJ home” 

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