OPRA bill scheduled for one more hearing

From: POLITICO New Jersey Playbook - Thursday Mar 14,2024 10:58 am
Presented by Alibaba: Matt Friedman's must-read briefing on the Garden State's important news of the day
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New Jersey Playbook

By Matt Friedman

Presented by

Alibaba

Good Thursday morning!

Is OPRA on or off? It was uncertain yesterday as to whether the Assembly Appropriations Committee would take up the OPRA bill as planned at noon today. Both proponents and opponents of the bill I talked to yesterday weren’t sure, and I got no response from the committee chair Lisa Swain or the Assembly Majority Office. But last I checked it was still on the agenda, and, as of yesterday afternoon, committee co-chair Verlina Reynolds Jackson told me it was “still on as of now.”

What I do know is there was a flurry of activity around amendments I’ve yet to see, including on to the makeup of the Government Records Council, the proposed Police Record Access Improvement Task Force, more specific definitions of what would count as a “commercial” requester,” language related to collective bargaining negotiations, and a broadening of the search parameters requesters would have to use for emails. I was less clear on whether there will be any amendment to deal with the most controversial part of all: Fee shifting, in which plaintiffs who successfully appeal a records denial have their lawyers’ fees automatically paid by the defendants.

The fact that there was any uncertainty about the bill making it through committee suggests the huge backlash may have spooked some lawmakers. But who knows? We’ll know more in a couple hours.

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

QUOTE OF THE DAY: “I feel sorry for Sean Spiller because he’s being beaten up in the press because of me.” — Frank Arleo, attorney for the outgoing Montclair mayor, who pleaded the Fifth in a January deposition 

HAPPY BIRTHDAY — Anthony Campisi, Brian McGovern

WHERE’S MURPHY? — No public schedule.

A message from Alibaba:

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WHAT TRENTON MADE


STRANGER DANGER — “Senator makes dubious claim in fight over New Jersey’s public records law,” by New Jersey Monitor’s Terrence McDonald: “I’m on the hunt for some OPRA perverts. Allow me to explain: Sen. Paul Sarlo made an alarming claim on Monday in Trenton, where lawmakers were set to advance a bill of his that would revamp — critics say gut — the Open Public Records Act. … Sarlo said OPRA allows people to obtain hours and hours of video footage of children playing at playgrounds, footage he implied they want for impure reasons. “I don’t know if it’s in the best interests to provide the security cameras that run 24 hours a day of a playground, where there’s kids who are playing perhaps unattended,” said Sarlo, a Democrat and the mayor of Wood-Ridge, adding that an unidentified reporter confirmed to him that reporters 'want to sit there and watch hours and hours of kids playing.’ This was shocking news, and I felt like it merited further investigation. So I filed a request with Wood-Ridge to find out who exactly is using OPRA to obtain video footage of children at playgrounds. And wouldn’t you know it? The clerk told me they had no such requests. … Sarlo’s claim is almost certainly utter horsecrap.

"CJ Griffin thinks so, too. Griffin is a lawyer who regularly sues public entities for not handing over public documents, and wins a lot (she has represented us in court numerous times). 'Video footage like that is exempt,' she told Sarlo Monday. How does she know this? Because Griffin once represented a woman who was denied security footage from Bloomfield’s town hall.”

—“Lawmakers are trying to make Jersey government even less transparent, advocates say” 

WALKING THE LINE — “LeRoy Jones supports ballot uniformity,” by LeRoy Jones for New Jersey Globe: “As it currently stands, ballot design today is within the purview of the county clerks, which leads to the potential for 21 different versions of a ballot ranging from block voting to the extreme ‘ballot Siberia’ employed by some counties. Voting is a right, not a privilege, and voters deserve simple-to-understand ballots that help them make this important decision. Ballot uniformity should be addressed by our legislature in a careful, thoughtful manner and, as with any voting rights change, it must come with a voter education campaign that informs voters. Given the enormity of the task, I would advocate that the legislature spends the rest of this year working on the legislation, with any changes to be implemented next year. Such a time frame will allow for the proper design implementation and necessary voter education.”

 

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CROSSING THE LINE — Five Democratic politicians are throwing support behind Rep. Andy Kim’s lawsuit to abolish the “party line” in New Jersey. Hoboken Mayor Ravi Bhalla, Jersey City Councilman James Solomon, former Assemblymember Valerie Vainieri Huttle, Congressional candidate Joe Cohn and former Piscataway Council candidate Staci Berger filed an amicus brief Tuesday supporting Kim’s lawsuit.

Kim is running for the Democratic nomination for Senate against first lady Tammy Murphy who has secured preferable positioning on primary ballots a majority of the state from party leaders who are backing her candidacy. In Monday’s court filing, the five Democrats said how the line — the preferred ballot positioning often awarded by county party chairs has impacted their political careers.

Solomon said he would not be in elected office if not for the fact that Jersey City municipal elections do not use the party line ballot design. Instead, municipal races there are nonpartisan and the ballot is formatted in an office block style. He won by 247 votes, which he said “certainly would have been dwarfed” by candidates who would have had the line.

Huttle ran for state Senate in 2021 but lost the primary to now-Sen. Gordon Johnson with 28 percent of the vote compared to Johnson’s 72 percent. She wrote in legal filings that voters told her after the election they had difficulty finding her on the ballot, which she blamed on the line.

“The joke I would hear from county chairs is ‘I can get Mickey Mouse elected if he was on the Line,’” she wrote.

—Daniel Han

EMOTIONAL RESCUE DOG — “Stay, Luna, stay! Emotional support dog wins condo dispute, N.J. Supreme Court rules,” by NJ Advance Media’s S.P. Sullivan: “New Jersey’s highest court commands it: Luna can stay, as long as she meets the new rules spelled out for support animals in New Jersey. The state Supreme Court largely sided with the owners of an emotional support dog in a dispute with their condo complex, which banned dogs over 30 pounds and refused a waiver in 2018 because the couple did not seek permission before adopting the dog. In a unanimous ruling, Chief Justice Stuart Rabner wrote that emotional support animals ‘are different from pets and are not subject to general pet policies.’”

A THOROUGH AND EFFICIENT BLADE OF GRASS — “Proposal for ‘green’ amendment to NJ Constitution spurs intense debate,” by NJ Spotlight News’ Tom Johnson: “It is a relatively simple proposition likely to spawn wide agreement: Everyone is entitled to a clean and healthy environment. But the ‘green’ amendment, a proposed addition to New Jersey’s Constitution, triggered nearly three hours of debate last week when it surfaced again before a legislative committee, six years after last having been voted out of a legislative committee. … To advocates, who include many environmental groups and public interest organizations, the proposal would add another check on potential governmental abuse and other decisions that fail to protect drinking water and impair air quality while preserving the state’s natural resources. And it would put more focus of fighting climate change. … Critics counter the amendment would usurp the Legislature’s right to establish state policy, stifle economic growth and lead to endless litigation, including potentially blocking state-led initiatives to improve the environment, such as relying on offshore wind to produce a large chunk of New Jersey’s electricity."

—“NJ Transit extends light rail contract while looking for a new operator” 

—“Why are NJ bills to upend government transparency and the gas tax moving so quickly?” 

—Bergen: “Why are NJ bills to upend government transparency and the gas tax moving so quickly?” 

—“These are the concerns shared by NJ Transit riders opposed to a fare increase” 

—“Big gaps in NJ mental health services for people who are deaf, hard of hearing

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

TIKTOK AND YOU MUST STOP — New Jersey’s House members on Wednesday united in favor of legislation that would force TikTok to be sold to a company that isn’t controlled by the Chinese Communist Party. All 11 members who were present at the Capitol voted for the bill, known as the Protecting Americans from Foreign Adversary Controlled Applications Act.

Rep. Andy Kim was not in Washington, but said he would have been the only member of New Jersey’s delegation to vote no because he thinks there should be a more comprehensive approach to address “serious concerns” of social media’s risks.

The bill — sponsored by Republican Rep. Jeff Van Drew and Democratic Reps. Josh Gottheimer and Mikie Sherrill — would restrict the availability of social media apps controlled by a foreign adversary. That would mean TikTok’s Chinese parent company, ByteDance, would have to sell to keep operating in the United States. Supporters of the bill argue it would help safeguard Americans’ data on the popular social media app and keep the Chinese government from spying and spreading disinformation.

The bill passed the House with overwhelming bipartisan support, 352-65, though its fate in the Senate is unclear.

— Dustin Racioppi

—“Murphy campaign lays into kim over non-participation in TikTok vote” 

—“Bhalla and Solomon join Rep. Kim’s lawsuit to end county organizational lines” 

 

Easily connect with the right N.Y. State influencers and foster the right relationships to champion your policy priorities. POLITICO Pro. Inside New York. Learn more.

 
 
LOCAL


AUDITIONING FOR THE VAN DREW CAMPAIGN — “Former Atlantic City councilman admits voter fraud,” by The Press of Atlantic City’s John Russo: “Former Atlantic City Councilman MD Hossain Morshed admitted Wednesday in federal court to falsifying voter registrations ahead of the 2019 June primary election, U.S. Attorney Philip R. Sellinger said. Morshed, the former 4th Ward councilman, pleaded guilty in Camden before Chief U.S. District Judge Renée Marie Bumb to fraudulent procurement and submission of voter registration applications. … Morshed also was charged in March 2023 with submitting false unemployment benefits claims with the state Department of Labor and Workforce Development. From April 2020 through September 2021, Morshed allegedly defrauded the department of $39,208 in unemployment benefits to which he wasn’t entitled, the U.S. Attorney’s Office said last year. Morshed was charged in September 2022 with assaulting his wife in their home and with endangering the welfare of a child."

CUMMINGS AND GOINGS — “N.J. mayor and most council members won’t seek reelection in wake of controversy,” by NJ Advance Media’s Riley Yates: “Amid controversy over the perks they accepted in office, Montclair’s mayor and five of its six council members have bowed out of this spring’s municipal election … Just one sitting member — longtime councilman Robert Russo — is running for reelection after Montclair was roiled by explosive allegations from a whistleblower who accused its leaders of wrongdoing. Those stepping back include Mayor Sean Spiller, the president of the powerful New Jersey Education Association whose name is often floated as a some-day candidate for governor. … Spiller is one of five current board members who used their $10,000-a-year posts to sign up for taxpayer-funded health insurance or payments for declining it. … Spiller joins former council member Peter Yacobellis, who resigned in October to move to Washington state, in asserting his Fifth Amendment right to refuse to testify … Councilman David Cummings said he took a new job a year ago whose time commitment made it too difficult to serve. ‘It had nothing to do with the controversy of this council, and everything to do with the fact that I have a new position that I started,’ said Cummings.”

—Opinion: “New Jersey Democrats should not embrace Trumpian leadership tactics” 

THE WINTERS OF OUR DISCONTENT — “Lakewood superintendent slams state report 'riddled' with inaccuracies,” by The Asbury Park Press’ Joe Strupp: “Superintendent Laura Winters slammed a recent state report that criticized the district, claiming Trenton officials who conducted the review used inaccurate information, insufficient data and omitted important elements. The report ‘was written without proper fact-checking and was riddled with inaccurate information, based largely on hearsay, personal opinion, and undocumented and contradictory statements,’ Winters wrote in a letter to state officials Monday. … Winters' response, sent March 11 to Assistant Education Commissioner Cary Booker, was in reaction to a scathing March 1 review from the state Department of Education that claimed Lakewood Schools suffered from ‘a culture of low expectations’ and ‘high levels of distrust,’ and that important decisions are often made ‘behind closed doors.’”

GUSCIORA: DON’T BE A MOBY DICK — “Gusciora fires off a letter in aftermath of announcement of Trenton Starbucks closure,” by Trenton Mayor Reed Gusciora: “must express my profound disappointment upon learning second-hand of Starbucks’ decision to close our Community Store in the Capital City. Since its establishment in 2017, this particular Starbucks location has been more than just a place to grab a cup of coffee for state workers; it has been a beacon of hope and opportunity for many of our young workers, particularly those from disadvantaged backgrounds in our black and brown neighborhoods. As you fully know, the well-intentioned concept of a Community Store, as outlined in Starbucks’ own description, embodies the values of empowerment, inclusivity, and social responsibility.”

 

JOIN US ON 3/21 FOR A TALK ON FINANCIAL LITERACY: Americans from all communities should be able to save, build wealth, and escape generational poverty, but doing so requires financial literacy. How can government and industry ensure access to digital financial tools to help all Americans achieve this? Join POLITICO on March 21 as we explore how Congress, regulators, financial institutions and nonprofits are working to improve financial literacy education for all. REGISTER HERE.

 
 

NOTHING SAYS CLICKBAIT JOURNALISM LIKE ARTICLES ABOUT ZONING — “Baraka promises more affordable housing, lauds Newark building boom in State of the City address,” by TAPIntoNewark’s Matt Kadosh and Mark J. Bonamo: “Mayor Ras J. Baraka promised to build more affordable housing, hold landlords accountable, and touted the city’s recent boom in development while hailing what he described as a reduction in people experiencing ‘unsheltered’ homelessness during his 10th State of the City Address on Tuesday, March 12. Baraka, a declared gubernatorial candidate, sought to change the narrative surrounding a controversial zoning overhaul, which the City Council approved 5-3 in November, that rolls back restrictions on certain real estate development and has raised concern among community groups. “Despite the controversy being caused by clickbait for a few journalists, I am deeply proud of what we have accomplished,” Baraka said during his approximately hourlong speech in front of several thousand people at New Jersey Performing Arts Center.”

— “'Unwanted': Officials oppose national park designation at Delaware Water Gap spot

—“Wayne voters turn down $170M bond for school improvements by wide margin” 

—“In special school referendums, 7 projects pass, 4 fail” 

—“Red Bank dispensary was not offering medical marijuana patient hours in error: State” 

—“[South Orange-Maplewood] principal grabbed student by arm, pushed her up against wall, police report alleges” 

—“Atlantic Dems will run Pleasantville councilwoman for redrawn commissioner seat” 

EVERYTHING ELSE


0.89 MASTROS/ZOUBEKS — “State keeping CarePoint Health hospitals alive with millions to cover payroll, day-to-day costs,” The Jersey Journal’s Teri West: “The state has kept CarePoint Health System’s three Hudson County hospitals afloat with more than $8 million over the past month to cover payroll and the day-to-day operating expenses, Department of Health officials confirmed Wednesday. Thus far, the support has totaled $8.375 million since Feb. 13 and is specifically intended to provide for payroll and the retainment of a corporate restructuring officer, said Department of Health deputy communications director Nancy Kearney. The CarePoint Health network includes Jersey City’s Christ Hospital, Hoboken University Medical Center and Bayonne Medical Center. Christ and Hoboken University Medical Center are ‘safety net’ hospitals, whose mission includes treating underinsured and uninsured patients.”

MOM & POPPY — “Complaints by women who tested positive after eating poppy seed bagels pending year later,” by The Record’s Kaitlyn Kanzler: “Complaints filed by the state American Civil Liberties Union on behalf of two New Jersey women who claim they falsely tested positive for drug use after eating poppy seed bagels is still in limbo a year later. An ACLU spokesperson said the complaint is pending at the state civil rights agency. The two women, only known as Kate and Kaitlin, said they were shocked that the hospitals tested them for illicit drugs and reported them for possible abuse or neglect, according to their complaints. The two filed lawsuits against Hackensack University Medical Center in Hackensack and Virtua Voorhees Hospital in Voorhees for drug testing the women without their knowledge or consent when they arrived to give birth.”

—“NJCU would lose $3 million in state aid under 2025 state budget plan, but there’s time” 

—“Estate of actor Jason Patric’s brother intends to sue NJ Transit over fatal bus collision” 

—“Lee Cortes leaving U.S. Attorney’s Office” 

 

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