Thursday, April 6, 2023

ELEC goes full moot

Presented by Alibaba: Matt Friedman's must-read briefing on the Garden State's important news of the day
Apr 06, 2023 View in browser
 
New Jersey Playbook

By Matt Friedman

Presented by

Alibaba

Good Thursday morning!

Yesterday's ELEC press release was like a skeletal hand popping out of the ground in front of a tombstone, grasping page after page of campaign finance complaints against seven politicians.

The complaints – which in typical ELEC fashion are bone-dry reading about late report filing, missing reports, etc. – are mostly against incumbent elected officials, including Rutherford Mayor Frank Nunziato, Newark Councilmember Dupre Kelly, and Gretchen Hickey, a former Democratic councilmember in Senate President Nicholas Scutari’s hometown of Linen.

But the complaints range from election years 2018 to 2020. ELEC’s commissioner voted March 29 to approve them — just one day before they resigned, anticipating their ouster as Gov. Phil Murphy was about to sign the “Elections Transparency Act.”

If you’re a regular reader you know that the new law puts a retroactive two-year statute of limitations on ELEC’s enforcement actions. So that means that once Murphy unilaterally appoints the agency’s new commissioners, they’ll have no choice but to dismiss these complaints. And many, many others like them.

ELEC Executive Director Jeff Brindle had asked the Legislature to consider reducing the agency’s statute of limitations from 10 years to five, instead of just two. They didn’t. And so here we are.

The big question now is whether the new ELEC will receive tips and act on complaints more quickly. Assembly leaders have pledged to introduce a bill with greater funding for the agency. Let’s see if it goes anywhere.

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

QUOTE OF THE DAY: “‘God knows what they are doing.” — Former Clark Democratic council candidate on the Attorney General’s investigation into Clark police after recordings surfaced of police leadership and the mayor using racial slurs (more below).

HAPPY BIRTHDAY Scott Marioni, Guillermo Artiles, Cristina Pinzon

WHERE’S MURPHY? On the way to Puerto Rico

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WHAT TRENTON MADE

YOU STILL WON’T GET ANYONE TO ANSWER THE PHONE AT THE E-ZPASS CALL CENTER — “Phil Murphy's proposed budget includes nearly 2,000 unfilled state jobs,” by The Record’s Katie Sobko: “The proposed budget for fiscal year 2024 — presented by Gov. Phil Murphy to the Legislature in February — includes nearly 2,000 state jobs that are either new or currently vacant in various state departments. The budget still needs to be considered and voted on by both chambers of the Legislature before making its way to Murphy’s desk, but in its current form, the spending plan proposes about 1,982 jobs than the revised number of state employees for the current fiscal year. Darryl Isherwood, a spokesman for the state Department of the Treasury, said the difference shows existing filled positions for 2023 — as opposed to funded positions that could potentially be filled for 2024. ‘They are not necessarily new positions, just positions that for one reason or another have gone unfilled,’ he said.

OFF THE WATERFRONT — Hochul and Murphy plan for demise of Waterfront Commission, by POLITICO’s Ry Rivard: The governors of New York and New Jersey are dealing with “considerable uncertainty” at the country’s busiest port by preparing for the possible demise of a bistate police agency created to crack down on corruption. Gov. Kathy Hochul and Gov. Phil Murphy said in a joint letter that their staffs have been meeting to figure out how to maintain ongoing investigations, enforcement actions and operations if the Waterfront Commission of New York Harbor goes away. The letter this week follows a Supreme Court argument last month where justices appeared willing to let New Jersey effectively shut down the agency. The letter is a moment of comity on the issue, since the two states are currently suing each over the commission’s fate.

ELEC — “Has the FBI noticed Trenton’s rush to shut down NJELEC cases?” by InsiderNJ’s Bob Hennelly: “Brindle’s attorney Bruce Afran told InsiderNJ it’s his intention to file another lawsuit seeking to get an injunction to block the implementation of the controversial legislation because it violates New Jersey’s state constitution prohibition against ‘special legislation that illegally targets individuals’ as he says is the case with his client. Afran added that the legislature has also overreached by retroactively invalidating NJELEC cases that were opened up prior to the legislature’s latest action … Renee Steinhagen, an attorney and executive director of New Jersey Appleseed, a non-profit public interest law firm, agreed the bill’s retroactivity raises substantial issues … Hopefully that push for retroactivity has set off the alarm bells over at the Peter Rodino Federal Building in Newark where U.S. Attorney Philip R. Sellinger has his office. Historically, Trenton has proven itself wholly incapable of policing its own political corruption and the public has had to rely almost entirely on federal prosecutors to do the job.”

—“Murphy’s ELEC albatross” 

PURPLE HAZE ALL IN MY TRAIN — “Tried looking out an NJ Transit train window lately? It's hard to see. Rutgers seeks a fix,” by The Record’s Colleen Wilson: “NJ Transit has enlisted Rutgers University to help the agency come up with solutions to remove a haze that has developed on the windows of its multilevel train cars. Customers have frequently complained about not being able to see out the windows of the agency's newest rail cars, built between 2006 and 2012. The foggy view makes it hard for riders to determine each stop, especially those who are hard of hearing and can't hear the conductor's station announcement on the train's loudspeaker system … The agency had planned to spend at least $8 million to replace the windows on all 429 cars, but then turned to Rutgers' Center for Advanced Infrastructure and Transportation to see if it could come up with a solution.”

—“Reform of troubled N.J. police department ‘will not happen overnight

—“A fight against floppy discs evolves into a prison rights crusade” 

—“Free admission to N.J. state parks could be coming again this summer” 

—“What’s at stake in tomorrow’s ballot draw” 

 

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BIDEN TIME

MAN WANTS TO RUN FOR GOVERNOR — “Gottheimer in sixty seconds,” by InsiderNJ’s Fred Snowflack: “Auto thefts may be declining statewide, but not fast enough … And as he stood alongside the Port Newark Channel on Wednesday, Rep. Josh Gottheimer concurred: “We’ve got an alarming crisis on our hands,” he said. The congressman has been here before – quite literally. Five months ago, he also visited the port to talk about auto thefts … Gottheimer back in November faulted the federal government for its reluctance to get involved. Since then, something has changed. Gottheimer’s visit to the port today included a ‘roundtable discussion’ with Homeland Security officials, which was not open to the press.”

 

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LOCAL

CLARKKK — “‘God knows what they are doing.’ Clark Township racism scandal unresolved a year after revelations,” by NJ Advance Media’s Riley Yates: “Buffeted by public outrage a year ago, the Attorney General’s Office seized control of a long-stalled investigation into misconduct in Clark Township’s police department following revelations that secret recordings had captured the mayor, the police chief and an internal affairs sergeant using racial slurs that included the N-word. But a year later, a long-promised public report by prosecutors into the allegations still has not materialized. Police Chief Pedro Matos and Sgt. Joseph Teston continue to cash their paychecks while on administrative leave, as does a third police officer, at a combined cost that now exceeds $1.2 million and counting for taxpayers in the Union County suburb. And a police whistleblower at the center of the scandal remains unable to collect his pension amid an internal affairs probe into his actions. That has critics asking state prosecutors: What is the hold up? ‘God knows what they are doing,’ said Michael Shulman, a local attorney who unsuccessfully ran for township council last year, spurred by the controversy.”

‘VOLUNTEERS’ — “Doors, other exits blocked at house where 33 volunteers for Hindu temple lived, officials say,” by NJ Advance Media’s Ted Sherman: “Two homes that officials charged had been illegally converted to house dozens of volunteers who worked at one of the largest Hindu temples in the world have been ordered vacated by Robbinsville officials, who deemed the structures unsafe. The existence of one of the makeshift rooming houses came to light after EMTs were called there shortly after 9 p.m. on March 15 to respond to a medical emergency. Officials said they found dangerously high levels of carbon monoxide inside the large, two-story farmhouse on North Main Street in Robbinsville — less than a mile from the temple erected by Bochasanwasi Akshar Purushottam Swaminarayan Sanstha, a prominent Hindu sect known as BAPS. It was later found that a tankless water heater installed to accommodate the 33 women staying there had a dislodged PVC vent pipe that allowed lethal odorless and colorless gas to leak into the basement. According to the police department report, they also found ‘many points of egress in the house had been blocked, with one door screwed shut into the fame. Another had two planks of wood mounted across it, preventing the door from being opened … A lawsuit in federal court accused the leaders of BAPS of luring and exploiting people from India to work on the project, paying them little and housing them in trailers tucked away on the property in Robbinsville.”

HOWES DARE THEY? — “Some Somerset GOP leaders ask county chairman to resign, but Howes says no,” by New Jersey Globe’s David Wildstein: “A group of four municipal chairs led by Tracy DiFrancesco Zaikov have asked Somerset County GOP Chairman Tim Howes to resign, saying that have “lost faith, trust, and confidence” in his ability to continue as their leader. ‘We feel with great measure and deference that it would be in the best interest of the organization that your resignation be immediate,’ a group of current and former party officials said in a letter to Howes sent on Tuesday evening … The group cites a failure to file campaign finance reports with the New Jersey Election Law Enforcement Commission (ELEC) since 2021, poor fundraising numbers, financial instability, and losses in the last three countywide elections under Howes’s leadership. But Howes pushed back on their arguments. ‘The ELEC issue is a red herring to disguise the self-interested motives of the signatories, who are attempting a cheap, sad power play,’’ he said”

WE SALUTE YOU WHO ARE ABOUT TO DIE — “Onyema salutes ELEC for taking action in Newark,” by InsiderNJ’s Max Pizarro: “The fight for the West Ward seat last year after a councilman’s corruption crackup produced a candidate for contest of the year in New Year, as DoItAll Kelly, with the backing of Team Baraka, finally lunged past independent contender Chigozie Onyema in a runoff election. Today, in perhaps a last gasp of real independence, the state Election Law Enforcement Commission (ELEC) reported a complaint against Kelly. The commission filed a complaint against Kelly for failing to comply with the New Jersey Campaign Contributions and Expenditures Reporting Act. Onyema reacted. ‘We beat that drum during the race,’ he told InsiderNJ.”

—“Jersey City is trying to reimagine public housing redevelopment”  

—“NJ’s biggest warehouse bid faces more protest. Is the project dead?” 

—“Dodd tossed off ballot in Dover mayoral race” 

—“Red Bank legal weed, housing and traffic could change depending on who you vote for” 

—“Monmouth County officials call for pause on offshore wind development due to marine mammal deaths” 

—“Inflation leads Oyster Creek nuclear plant to delay decommissioning” 

—“Implosion of iconic N.J. Nabisco plant postponed” 

 

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EVERYTHING ELSE

SEARCHING FOR THE WICKED WITCH OF WEST DEPTFORD — “With 8 twisters in one night, could NJ be the next 'tornado alley’?” by The Asbury Park Press’ Mike Davis and Jenna Calderon: “Even driving past at 65 mph, the collapsed eastern wall of the warehouse is clearly visible from the right lane of Interstate 195. In Sea Girt, the roof was completely ripped off one building at the National Guard Training Center. At one home in Howell, the roof wound up in the backyard. From the banks of the Delaware River to the shores of the Atlantic Ocean, eight tornadoes touched down Saturday as a line of powerful storms ripped across the midsection of New Jersey. It wouldn't be ridiculous for a lifelong New Jerseyan to ask: Is this the new normal? But climatologists and meteorologists all seem to agree that it might be too soon to call New Jersey the next ‘tornado alley.’ In fact, April 1 might be the exception that proves the rule. ‘The fact is that tornadoes are still rare up where you are,’ said Harold Brooks, a senior research scientist at the National Oceanic and Atmospheric Administration's National Severe Storms Laboratory in Oklahoma … Only four times since 1951 has New Jersey experienced more than eight tornadoes in a single year, let alone one day.”

HOPEIOIDS — “NJ overdose deaths hit a 6-year low. Cops say this outreach program is a major reason why,’ by New Jersey Herald’s Kyle Morel: “The number of New Jersey residents believed to have died of drug overdoses in 2022 is at its lowest point in six years, according to State Police data. The drop can be linked to countless partnerships between law enforcement and health care workers throughout the state − one of which, the Hope One mobile outreach program, marked its sixth anniversary Tuesday. Officials from various community organizations gathered at the County College of Morris for the annual Hope One Symposium. Speakers at the day-long event celebrated the positive strides the initiative has made in reducing the opioid crisis while recognizing the work still to be done.”

PLEASE CONSIDER ENOCH L. JOHNSON UNIVERSITY’ — “Stockton University considering ‘location-based’ name change,” by NJ 101.5’s Dan Alexander: “A committee at Stockton University is polling the campus about changing the name of the school because of Richard Stockton's past as a slave owner and allegations he was a traitor to his country. The 30-member Stockton University ‘50 Years and Beyond’ Task Force was created in 2020 by the school's Board of Trustees and began meeting in 2021 to consider whether or not a ‘ location-based name of the University, consistent with our founders’ original intentions should be pursued.’ … The school sent out a digital poll Monday on behalf of the task force asking about a potential name change and said that Richard Stockton, whom the school is named after, was not only a slave owner but also signed a loyalty oath to the King of England in 1776 after signing the Declaration of Independence.”

—“She turned her Jersey garage into a rabbit café. Bunny snugglers are welcome” 

—“Survey says New Jersey accent is seventh-hardest to understand abroad” 

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