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Presented by Alibaba: Matt Friedman's must-read briefing on the Garden State's important news of the day | | | | |  | | By Matt Friedman | | | Good Monday morning! Committees in the Senate and Assembly this morning are scheduled to vote on a fast-tracked bill to “reform” the Open Public Records Act. I haven’t heard a single person who regularly advocates for more transparency in government say anything positive about anything in this bill. Andy Kim and Tammy Murphy have both come out against it, as have Steve Fulop and Ras Baraka. So I’ve decided to devote the top of this newsletter to a Q&A with attorney C.J. Griffin, who has been the most involved and vocal advocate against this bill. I’ll give the bill’s top sponsor, state Sen. Paul Sarlo, a chance to speak his mind in a later edition of Playbook. Q: Could you tell me what you see as the worst parts of this bill and how do they decrease transparency? And do you see anything in it that improves transparency? There is not a single thing that improves transparency or makes it easier to get records. It guts fee-shifting, which makes it impossible to challenge denials because few people, not even the media, can afford to hire an attorney just to get public records. Studies show that states with mandatory fee-shifting in their public records laws have much higher compliance rates. Another part makes it more difficult to see who officials are communicating with by exempting email logs and setting unreasonable specificity standards to request emails. Agencies already make us fight tooth and nail to get emails because they expose so much bad stuff — this codifies the bogus hurdles. The bill exempts metadata, which reporters have used to show agencies fabricated documents to cover their tracks; reverses a Supreme Court decision that says police departments are the custodians of criminal complaints even though they’re entered into Judiciary software; exempts all “draft” documents, enabling agencies to label everything a draft to keep it from the public—something they openly admit to doing; and sets so many procedural hurdles that make it much harder to file a request and get a timely response. This bill comes at a time when trust in government is at an all-time low, when people of all political stripes are deeply concerned about the state of democracy, and when NJ is in the headlines for corruption, nepotism, pay-to-play, etc. Is gutting our transparency laws really a good idea!? Q: Supporters of this bill frame it as mainly a way to fight commercial requests that overburden records custodians and annoy the public with junk mail if they’ve recently gotten, say, a ticket or a dog license. Do you think that’s a real problem? I’ve seen OPRA logs. There just aren’t many “commercial requests” on them and the League [of Municipalities] has never been able to give any concrete data, despite requests from media. This bill doesn’t do much about commercial requests other than saying the custodian can take 14 days to respond to them instead of seven. Newsflash — they already take as long as they want to respond to any request! The bill prohibits selling “data obtained through a records request,” but this is going to backfire. Companies like title search companies, property databases, and others sell public records/data and those are services we all need to purchase homes or conduct other business. If those services no longer exist, then folks must get stuff directly from the government. There are about 100,000 home purchases in NJ each year, not to mention all the developments, business transactions, etc. Custodians will be inundated! The bill exempts things like dog license lists, all because one guy requests it to sell dog fences. But the list has good uses too — animal rights groups use it to identify hoarding issues or notify dog lovers about abuses going on in town shelters. It is just silly to ruin OPRA for everyone all because of an abuse here or there. That’s bad policymaking. Sure, some attorneys request traffic tickets and send solicitations — but those attorneys pay personal income taxes and corporate income taxes and public records equally belong to them. Providing the records are just Government 101 and some people benefit from their mailings, or, like all other junk mail, just toss it out.
| | A message from Alibaba: U.S. companies sold $66 billion worth of goods through Alibaba in one year, supporting American jobs and wages. Phyto-C, a small business based in New Jersey, grew revenue 600% after launching on Alibaba. Now, the company is expanding locally. In New Jersey alone, U.S. sales on Alibaba added $1.3B to the state's GDP while supporting over 10 thousand full-time jobs. Learn more about Alibaba’s impact. | | | Q: Do you see this as an attempt to mitigate problems with the system that you think has just gone too far, or a conscious attack on public access to government records? It reads like a laundry list of all the court decisions agencies lost and would like to reverse, right down to absurd things like requiring requestors to use an agency’s official forms (which seems targeted to get rid platforms like OPRAmachine.com that provide a real service to the public). Q: Forget reporters, lobbyists, politicians and advocates for a minute. What kind of effects of this bill will a person see who doesn’t closely follow politics and policy, even in their hometowns? It means their government will be less transparent, because OPRA’s enforcement mechanisms are gutted and the bill enables them to be more secretive. More secrecy means more corruption, more waste, higher taxes, and unchecked government. Secrecy creates distrust, and we just don’t need more distrust in government. Q: You’ve said several changes included in this bill would actually increase the workload of records custodians. Could you elaborate on that? The ban [on] selling data from public records just means custodians will fill the gap that services like title search companies and other databases provide now. But the bill also requires a slew of new information to be redacted, like email addresses. Every time you exempt new information, it means the custodians have more work. So if someone manages to get through all the new hurdles the bill sets up to get email communications, the custodian will then have to go through and redact every email address. That’s more work, slows down access, isn’t necessary for any real privacy reason, and keeps the public from seeing who officials are communicating with. TIPS? FEEDBACK? Email me at mfriedman@politico.com QUOTE OF THE DAY: “Some of [the Office of the State Comptroller’s] best tips have come from residents who filed OPRA requests and sent us the docs they received. This bill will undermine OPRA. Less transparency in govt. inevitably will lead to more fraud, waste, and abuse.” — State Comptroller Kevin Walsh HAPPY BIRTHDAY — Lou Greenwald, Andrew McGuire, Danielle Esser WHERE’S MURPHY? — In Trenton at noon to brief the media on the long-awaited review of the state's Covid-19 response.
| | | | A message from Alibaba:   | | | |  | WHAT TRENTON MADE | |
NEPO BABIES THEY’LL MAKE THEIR DREAMS COME TRUE. NEPO BABIES WON’T DO THE SAME FOR YOU — “Nepo babies of N.J.,” by NJ Advance Media’s Amira Sweilem: It’s a concept now front-and-center in Jersey politics as First Lady Tammy Murphy goes for a U.S. Senate seat and is being accused of having the path cleared for her in the Democratic primary because her husband happens to be the still-very-powerful Gov. Phil Murphy. … The idea of cashing in on a relative’s name isn’t unusual at all in the Garden State. In fact, lawmakers with a family connection in politics account for nearly one in 10 members of New Jersey’s state Legislature and more than one-third of its delegation in Congress, according to an analysis by NJ Advance Media. They are sons and daughters, spouses and grandkids. They come from both parties. Many, but not all, are white men. Some nepo babies had government experience before being elected, while others were political novices. Most who talk about it say they were inspired by their relatives and it’s simply the family business.”
COMMUTISTS FROM MONTCLAIR — “15% NJ Transit fare hike would be a ‘huge burden’ on working New Jerseyans, riders say,” by NJ Advance Media’s Larry Higgs: “Commuters and advocates made their final arguments against a proposed 15% fare increase, as speakers packed NJ Transit’s boardroom in Newark Friday night and told officials to vote it down. Friday was the end of a public comment period on the potential hike. NJ Transit’s board of directors is scheduled to vote on the fare increase on April 10. … While advocates said that vote should be put off until the state budget was approved, many of the 34 people who testified during the two-hour session said the quality of service doesn’t warrant a 15% fare increase and will have a sharp economic effect on riders. Kweli Campbell of Orange commutes to a job in Brooklyn and invited NJ Transit board members to ride her Morris & Essex train to see if the service is worth a 15% increase. ‘I can get there in an hour if everything is on time. That is not often the case,’ she said. ‘It doesn’t justify the increase.’” JACK BE SERVILE — Jack Ciattarelli, the Republican nominee for governor in 2021, called Donald Trump a “charlatan” the first time Trump ran for president. Now Ciattarelli — who’s run for governor and lost twice — is doing what almost every other member of his party does. He’s endorsing Trump. “Record inflation has crushed working families; our southern border is a disaster, creating both a humanitarian crisis & threatening public safety & just like here in New Jersey, government spending is out of control,” Ciattarelli said on X, formerly Twitter. “The fact is America was safer and more prosperous when Donald Trump was President. And so, as the Republican nominee, he has my support. America can't afford four more years of Joe Biden.” — Dustin Racioppi
—McDonald: “Planned overhaul of N.J.’s public records law would be a disaster”
—Lalevee: “Congestion pricing and NJ: The numbers simply do not add up” —Opinion: “It’s high time for New Jersey to lead and adopt a 100% clean energy standard”
| | A message from Alibaba: New Jersey businesses such as Phyto-C are among the thousands of American brands with access to over one billion global consumers on Alibaba’s online marketplace — generating $66 billion in sales in 2022.
Phyto-C grew revenue 600% after launching on Alibaba. “Partnering with Alibaba was an important business strategy for our family-owned business,” said Dr. Eddie Omar, CEO of Phyto-C. “They opened the door to the world’s largest and fastest growing skincare market.” Now, the company is expanding production in Hawthorne and hiring more employees.
The result: American brands selling on Alibaba benefits communities across the U.S. In New Jersey, sales on Alibaba added $1.3B to the state GDP and supported over 10 thousand full-time jobs in one year.
Explore Alibaba’s local impact. | | | | | BIDEN TIME | |
MURPHY DOESN'T PUT UP MUCH OF A FIGHT AT WYATT EARP'S OC CORRAL — Rep. Andy Kim on Sunday won his sixth county convention in his bid for the Democratic nomination for U.S. Senate against his top rival, first lady Tammy Murphy.
Kim won the endorsement of Ocean County Democrats with 197 votes to Murphy’s 31, or 85.6 percent to 13.4 percent. Kim was the favorite headed into the convention since he represented parts of Ocean County in his first two terms in congress. Ocean County accounts for 3.9 percent of the Democratic electorate. Kim’s win means that he has the party line locked up in counties that account for 17 percent of the Democratic electorate to Murphy’s 26 percent. However, Murphy’s party line advantage is much higher in reality since party bosses in counties that don’t host conventions or are top-down in how the line is awarded have already endorsed her candidacy, like Hudson, Essex, Middlesex, Camden and Gloucester counties. The Ocean County Democratic convention was done by secret ballot. The next contest is later today for the Mercer County Democratic endorsement. — Daniel Han
IT'S LIKE SHE'S ALREADY AN ELECTED OFFICIAL — "One source of Tammy Murphy campaign cash: State contractors and lobbyists, disclosures show," by NJ Advance Media's Riley Yates: "Though a newcomer as a candidate, Tammy Murphy is an experienced fundraiser from the six years her husband has spent as the state’s chief executive. That prowess has continued with her own race, and she reported raising $3.2 million by the end of 2023 despite throwing her hat into the ring only weeks before. Of her war chest, more than $235,000 came from contractors and lobbyists with business at the Statehouse, federal and state financial disclosures show. While a fraction of the money she raised, those contributions came as her campaign has fought against charges of nepotism, given criticism that the governor’s power is buoying her ambitions."
—“Are Andy Kim and Tammy Murphy taking money from PACs? Here's how they compare” —Moran: “Andy Kim explains how he’ll win, even in this rigged race” —Mulshine: ‘It’s no secret that Tammy Murphy’s a weak candidate”
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SOLFLAKES — “N.J. school district will close before solar eclipse due to ‘concern’ about kids looking at the sun,” by NJ Advance Media’s Tina Kelley: “Livingston schools will close early on April 8 to avoid any danger to students and families from the solar eclipse, according to a letter Superintendent Matthew J. Block sent home to families Wednesday. The Essex County school district’s four schools will dismiss at noon or 12:45 p.m., hours before the eclipse, so students are not tempted to look directly at the sun without protective eyewear during their usual dismissal time, the superintendent said. ‘Since the eclipse will occur during our regularly scheduled school dismissal times, many of our students would be outside and unsupervised during the eclipse,’ Block wrote.’’Unless children are properly supervised, they could be drawn to look at the eclipse, and would likely do so that day at dismissal. Without the proper equipment, this can cause damage to their eyes.’”
MANASWAN SONG — “Manasquan basketball final appeal of Camden loss fails as NJ court declines to intervene,” by The Asbury Park Press’ Stephen Edelson: “The clock finally ran out on the Manasquan boys basketball team. Three days after referees disallowed what appeared to get a game-winning shot in the final second against Camden in an NJSIAA Group 2 Semifinal, New Jersey Department of Education Acting Commissioner Kevin Dehmer denied an appeal of the game-ending decision, which handed Camden a 46-45 victory. And on Friday night the Superior Court Appellate Division denied an application for Emergent Relief, its last-ditch effort to reverse the outcome of the game and secure a spot in Saturday's Group 2 final. In the ruling, the Court stated that: ‘While the consequences of a particular call may be unfortunate for a team, the NJSIAA’s regulations recognize the reality that permitting such calls to be challenged on the basis of error would result in ongoing litigation, appeals, and scheduling issues, since no game could be considered final if its outcome is disputed in court as a result of an alleged error by officials.’” —Politi: “Manasquan’s classy gesture after stolen victory gives a hopeful ending to this ugly story” —“Sunday protest in Teaneck targets sale of homes in West Bank settlements” — “Red Bank Police Chief placed on leave by borough, citing ‘confidential personnel matter” —“[Hamilton] police officer wounded and man killed in exchange of gunfire, authorities say” —“[Atlantic City] cop acquitted of 2013 K-9 attack faces new assault charges” —“Passaic Dems pick Adamo as sheriff candidate” —“Toms River Animal Shelter rally planned to fight mayor's push to have county take over”
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DANIEL’S LAW — “Suit accuses LexisNexis of violating Daniel's Law by failing to shield cops' personal data,” by The Asbury Park Press’ Kathleen Hopkins: “A class action lawsuit filed this week on behalf of thousands of law enforcement officers in New Jersey accuses global data broker LexisNexis of retaliating against them for requesting that their personal information be shielded from disclosure under ‘Daniel's Law.'’ The lawsuit, filed Monday in Bergen County Superior Court against LexisNexis Risk Data Management, LLC. … accuses the data broker of placing unauthorized credit report freezes on law enforcement officers and other covered individuals who requested protection under the law designed to shield their personal information from those who would potentially seek to harm them.”
USE OF FARCE — “Use of force incidents high among cops who attended controversial police training conference,” by New Jersey Monitor’s Dana DiFilippo: “Most of the New Jersey law enforcement officers who attended a controversial training conference in 2021 that state investigators say glorified violence have used force on people during arrests and other encounters, a New Jersey Monitor examination found. Seventy-two percent of the 240 officers who attended Street Cop’s six-day forum in Atlantic City have used force at least once since October 2020, when the state began publicly reporting such incidents. More than 170 of the attendees used force 796 times total, state records show. Twenty-two officers logged at least 10 use-of-force incidents during that time period, with two cops in Trenton — where the police department is under federal investigation for violent, unconstitutional arrests — racking up a combined 45. Almost a third of the attendees used force more than four times, which is the statewide average of incidents per officer who uses force, according to a 2018 investigation by NJ.com.” BEANING BABIES — “American Dream sued as woman says she was injured by a motorized stuffed animal ride,” by The Record’s Daniel Munoz: “You may have seen those giant motorized stuffed animals that kids and parents ride through some parts of the American Dream Mall. They range from plushie zebras and elephants to tigers and hippos. An elderly woman is suing the East Rutherford mega-mall and ride operator, alleging she was struck and seriously injured by those animals. It marks the latest in legal troubles for the beleaguered retail and entertainment complex in the Meadowlands. Those legal woes range from a broken leg to slip-and-falls, knocked-out teeth, unpaid construction bills and defaults on a multimillion-dollar loan.” —“N.J. school bus company owner admits hiring unqualified driver for unsafe buses” —“Joyful return to Bergen for Yele Sowore after being detained for nearly 5 years in Nigeria” —“N.J. mumps cases: Where the 2024 cases were reported”
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