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Bribery: Still not legal

Presented by Robert Wood Johnson University Hospital: Matt Friedman's must-read briefing on the Garden State's important news of the day
Aug 08, 2023 View in browser
 
New Jersey Playbook

By Matt Friedman

Presented by Robert Wood Johnson University Hospital

Good Tuesday morning!

Bribery is still illegal. And it looks like it’s going to stay that way.

Two years ago, a Superior Court judge dropped bribery charges against former Bayonne mayoral candidate Jason O’Donnell because O’Donnell, a former Democratic assemblymember, didn’t win the election and thus had no official duties to perform in exchange for the alleged $10,000 payment. The payment allegedly came from tax attorney and controversial government cooperating witness Matthew O’Donnell (no relation).

The charges weren’t the only things dropped. My jaw also dropped at the time, because, well, come on. It’s hard enough to convict officials of corruption today thanks to precedent set by the U.S. Supreme Court’s McDonnell decision, but only allowing bribery charges for candidates who do win sure seems like it would just open the corruption floodgates.

The Superior Court decision was reversed last year by an appellate court and yesterday by the state Supreme Court, unanimously.

"Regardless of the reason, the provision makes plain that a person’s inability to act and fulfill a promise is not a defense. In other words, if bribe recipients cannot deliver on a promise, the no-defense provision does not let them off the hook," Chief Justice Stuart Rabner wrote.

But I think the justices overlooked the real reason this was a bribe: The money was delivered in a paper bag. That’s what makes it official.

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

QUOTE OF THE DAY:  “Frankly, it doesn’t make any difference to me whether it’s $1.2 [billion] or $1.6 … “The numbers are just too big to be handled without making substantial cuts in other programs or increasing taxes.” — Former state budget director Richard Keevey on the “StayNJ” rebate

HAPPY BIRTHDAY —  Emy Quispe, Sal Rizzo, Julio Marenco

WHERE’S MURPHY? — Italy

 

A message from Robert Wood Johnson University Hospital:

We at Robert Wood Johnson University Hospital are deeply disappointed with United Steel Workers 4-200's extreme action to strike. No one benefits from the strike, least of all our nurses. We maintain good-faith negotiation efforts with the union representing nurses. Multiple attempts to prevent the strike were rejected, including accepting the union's demands and offering arbitration. RWJUH is already among the highest-staffed hospitals in the state, and our nurses are currently the highest-paid in New Jersey.

 
WHAT TRENTON MADE


SIR TOPHAM HATT’S TENURE AS CEO IS NOT GOING WELL — Another headache for NJ Transit: Engineers consider a strike — but action unlikely to happen soon, by POLITICO’s Ry Rivard: “New Jersey Transit engineers are deciding this month whether they want to strike, though a major labor action may not be legally possible until sometime next year. The Brotherhood of Locomotive Engineers and Trainmen, which represents 500 of the agency's train operators, has been in contract negotiations for several years and is the last of the NJ Transit bargaining units without a new contract. The union said Monday it was holding a strike vote, with members’ ballots due at noon on Aug. 31 — the day before Labor Day. But there is a court order in place as well as a lengthy monthslong cooling off period that means any legal labor action likely can't happen until well into 2024, at the earliest.”

—“Bucco, DiMaio seek meeting with train engineers about possible NJ Transits strike” 

BREAKING: WIND — New Jersey's top lawmakers say they worry about offshore wind, by POLITICO’s Ry Rivard: The leaders of the New Jersey Senate and Assembly put out a joint statement Monday expressing concern about the costs of offshore wind. The statement is the second by the two leaders to weigh in on controversial topics heading into a fall election where all 120 legislators are on the ballot. … The offshore wind statement came days after four companies submitted bids to the state Board of Public Utilities to build more wind farms off the New Jersey coast using ratepayer dollars. Assembly Speaker Craig Coughlin and Senate President Nick Scutari — who is also acting as governor while Gov. Phil Murphy is abroad and following the death of the lieutenant governor — said the Legislature “has concerns about the BPU’s approach” to offshore wind. ‘There are still many unanswered questions about the economic impact these projects will have on ratepayers as well as potential impacts to one of our state’s largest economic drivers, tourism at the shore,’ the legislative leaders said.”

DOES ‘C.J. COUGHLIN’S PROPERTY TAX TONIC’ HAVE COCAINE IN IT? — “Craig Coughlin's traveling StayNJ rebate show has many miles still to travel,” by The Record’s Charles Stile: “The StayNJ property tax rebate, the loudly heralded deliverance for homeowning New Jersey seniors, doesn't exist yet and isn't scheduled to launch for another 2½ years. Nonetheless, the program is featured in a new glossy brochure. It commands an equally glossy StayNJ website. And the program has a powerful pitchman who is making the rounds hawking it to the curious and the slightly confused. ‘It's going to stay as long as people stay in New Jersey,’ said Assembly Speaker Craig Coughlin, D-Middlesex, in a StayNJ Town Hall last week at a senior center in Princeton. Coughlin was answering questions from an online participant in the forum. The question came from a resident who was eager to know about the longevity of the promised rebate, which promises to cut senior property taxes up to 50% once and if — and that's a big ‘if’ — it materializes by January 2026. ‘It's a permanent plan,’ Coughlin said firmly, sparking a murmur of approval and surprise in the back row. Coughlin showed up with his entourage of aides and advisers, but he might as well have arrived alone in a horse-drawn wagon with a garish advertisement painted on its sides touting ‘C.J. Coughlin's Property Tax Tonic’ in large, frontier-style lettering.”

MASTRO PONDERS HOW HE CAN BLAME CONGESTION PRICING ON A HYSTERICAL SPURNED WOMAN — “In War on congestion pricing, governor turns to courts and trash talk,” by The New York Times’ Tracey Tully: “Mr. Murphy, a self-proclaimed environmentalist with national ambitions, is trying to block a plan that seeks to address climate change. He is suing a transportation department controlled by President Biden, an ally, and headed by Pete Buttigieg, a once and future presidential contender. New Jersey, a state run by Democrats, hired Randy Mastro — Rudy Giuliani’s chief of staff and deputy mayor when Mr. Giuliani was the Republican mayor of New York City — to file the lawsuit. Two days after Mr. Murphy’s announcement, Staten Island’s Republican borough president announced that he, too, would sue, praising Mr. Murphy’s leadership. On the outside looking in are environmentalists furious at Mr. Murphy, whom they once regarded as a principled champion of policies to reduce carbon emissions that are rapidly warming the planet.”

THE LGS — State to commission portraits for Oliver, Guadagno, by POLITICO’s Matt Friedman: Portraits of New Jersey’s first two lieutenant governors will eventually hang in the Statehouse, Gov. Phil Murphy announced Monday. Murphy said the state will commission a portrait of the late Lt. Gov. Sheila Oliver, who died Tuesday from an undisclosed illness. Oliver’s predecessor in the role, Kim Guadagno — the first lieutenant governor in state history — will also get a portrait. … The governor “seeks to establish a precedent so all former Lieutenant Governors are honored with this recognition,” according to his office’s press release.

JUST FAMOUSLY-INDEPENDENT JAMES BEACH AND NILSA CRUZ-PEREZ DOING INDEPENDENT STUFF — “A state watchdog forges ahead, in an era of endangered oversight,” by NJ Spotlight News’ Dana DiFilippo: “More than three years into his latest watchdog role as New Jersey’s state comptroller, he has yet to be confirmed by the state Senate, lingering longer than most other gubernatorial nominees with “acting” in front of their title. Two state senators have blocked his confirmation to the job through senatorial courtesy, an unwritten rule that gives state senators virtual veto powers over gubernatorial nominees. Confirmation would secure him a six-year term and keep him from getting fired at whim at a time when state watchdogs have been increasingly weakened or altogether axed ...’ It also would offer Walsh protection as legislators consider several bills now in the Statehouse pipeline that would impose new oversight on him or even put someone else in the job. … Walsh said the senators blocking his confirmation to the job — Democrats James Beach and Nilsa Cruz-Perez — have not explained their objections to him. Nor did they explain themselves to the New Jersey Monitor. … Walsh’s office irked powerful South Jersey Democrat George Norcross in 2021 when it released an audit that found fault with an analysis Norcross’ insurance brokerage did of health plans for Pennsauken Public Schools.”

—Pozyicki: “NJ can't scrap OPRA. Murphy and the Legislature need to save it” 

—“Group tells Murphy to name black woman as Oliver’s successor”

—“Al Sharpton to deliver eulogy for N.J. Lt. Gov. Sheila Oliver” 

—“NJ’s temp workers bill takes effect this week” 

—“NJ declares 10-day tax holiday on back-to-school supplies” 

—“New Jersey issues grants for school regionalization studies” 

—“Throwing a ‘boom party’ with blasting music now carries a hefty fine in N.J.” 

 

A message from Robert Wood Johnson University Hospital:

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BIDEN TIME


GOTT TRAINS? — “A train in time,” by InsiderNJ’s Fred Snowflack: “Various local politicians, including the now-retired Rodney Frelinghuysen, talked over the years about restoring rail service to Sussex and Warren counties and into Pennsylvania. … Not much happened. But in what may seem like a fairy tale ending, there is now renewed hope. That brought Reps. Josh Gottheimer of CD-5, and Matt Cartwright, who represents the relevant section of Pennsylvania, to a patch of dirt off a rural road Monday morning in this Sussex County town. The attraction was ongoing construction of a revitalized rail line and a train station. That is not the entire cutoff, but it’s a start.”

—“Pallone promotes bill dramatically expanding prescription drug reforms” 

 

A message from Robert Wood Johnson University Hospital:

We at Robert Wood Johnson University Hospital are deeply disappointed with United Steel Workers 4-200's extreme action to strike. No one benefits from the strike, least of all our nurses. We maintain good-faith negotiation efforts with the union representing nurses. Multiple attempts to prevent the strike were rejected, including accepting the union's demands and offering arbitration. RWJUH is already among the highest-staffed hospitals in the state, and our nurses are currently the highest-paid in New Jersey. Our top priority is our patients. We remain steadfast in our commitment to delivering the highest-quality care in the safest environment. We want to reassure our patients, their families, and our community that we continue to care without interruption. We remain fully open and continue to deliver the high-quality care they deserve.

 
LOCAL


A SCHAADT IN THE PARK — Man accused in lawsuit of posting image of Nazi tattoos is a North Jersey school board member, by POLITICO’s Matt Friedman: A man accused in a recently settled lawsuit of espousing white supremacist beliefs and publicly posting a photo of a man with Nazi tattoos currently sits on the Rochelle Park Board of Education and is up for reelection this year. Charles Schaadt, who was a mechanic with the Jersey City Municipal Utilities Authority when the lawsuit was filed, denied the white supremacist allegations, as well as others, in court documents. Schaadt and his attorney did not respond to requests for comment. The case returned to the news last week when Hudson County View reported that the agency had agreed to a $585,000 settlement with the plaintiffs, Timothy and Lori Carter — a married couple who both work at the authority. Timothy Carter, a Black construction supervisor, alleged in his 2021 lawsuit that Schaadt “openly espoused white supremacist beliefs” in the workplace and was “so brazen” that he “screwed a photo of a white supremacist with a Nazi War Eagle tattoo and a tattoo of the Schutzstaffel Armanen rune (commonly referred to as the “S.S. lightning bolt”) under plastic in the window of the door between the West Side Plant’s garage and its cafeteria

R.I.P. —“Joseph Hartnett, Montclair’s former township manager and current interim manager, has died,” by Baristanet’s Liz George: “Joseph Hartnett, Montclair’s former township manager, who had been serving as interim town manager since July 19, died Sunday. He was 75. … Hartnett first served as Montclair’s township manager for seven years, from October 2003-January 2010. Hartnett was appointed to interim town manager on July 18 .. Hartnett officially started on July 19, for $1 a week. In his short time as interim manager, Hartnett released information about the cyber attack on the Township; put through firefighter promotions and began the process of a public release of the O’Toole Scrivo investigation into the firefighters promotions exam."

MAYBE FOR THE MANSON FAMILY — “Has Atlantic City become a family resort?” by The Press of Atlantic City’s : “For years the city has been criticized about a lack of family-friendly attractions. Up until a couple years ago, Steel Pier and Central Pier were the only places to bring the kids. But that appears to be changing. The opening of Lucky Snake Arcade and Island Waterpark, both at Showboat Atlantic City, and the planned opening of Dave & Buster’s later this year have more people wanting to bring their families to the resort … The millions of dollars of investment in these types of family attractions shows developers are looking to diversify the city’s offerings, experts said … On July 4, the $100 million Island Waterpark opened to the public. … The diversification of the city economy is set to continue in the fall with the opening of Dave & Buster’s.”

—“Adult swim! Jersey Shore resort hotel limits pool to 21+ guests only” 

 

A NEW PODCAST FROM POLITICO: Our new POLITICO Tech podcast is your daily download on the disruption that technology is bringing to politics and policy around the world. From AI and the metaverse to disinformation and cybersecurity, POLITICO Tech explores how today’s technology is shaping our world — and driving the policy decisions, innovations and industries that will matter tomorrow. SUBSCRIBE AND START LISTENING TODAY.

 
 

THESE ARE THE DELIVERY TIMES THAT TRY MEN’S SOULS — “'I'm angry': Residents fight against Revolutionary War site becoming warehouses,” by The Asbury Park Press’ Dan Radel: “A plea for help Thursday by residents trying to save farmland tied to the Revolutionary War from becoming warehouses was not answered, but it didn't completely fall on deaf ears. Led by Sue Kozel, the former vice chair of the Upper Freehold Historic Farmland Scenic Byway Committee, three dozen or so sign-carrying people from mostly neighboring Allentown and the township marched up and down Route 524, or Old York Road as it is named locally, in front of the land in question. As they marched, many drivers slowed their vehicles and honked their horns in support. Their message was clear: "No Warehouses."”

BRIDGEWATER TO CEDE ITS PLACE AS AMERICA’S HOTTEST VACATION DESTINATION — “'Let's get the damn thing done': Bridgewater moves forward on Airbnb crackdown ordinance,” by MyCentralJersey’s Mike Deak: “Despite some reservations and the probability it might undergo changes, the Township Council has introduced an ordinance to crack down on Airbnb and other short-term rentals. The Council vote 3-2 on Thursday to move the ordinance forward to a public hearing and possible vote on final adoption on Aug. 17. ‘Let's get the damn thing done,’ Councilman Allen Kurdyla said. The ordinance would require Airbnb and other short-term rental websites to offer rentals for no less than 30 days. The township's action was prompted by neighborhood complaints about short-term rentals of a house … with a pool [that] is often rented for a weekend for house parties that disrupt the quiet neighborhood.”

—“After Felix DeJesus' disappearance, will Paterson alter flawed training for rookie cops?””

—“Moorestown Township residents can vote on bringing games of chance to mall”

—“Why Paterson officials want to fine organizers of a recent Peruvian festival” 

—“'Life is precious': Smoking caused all fatal 2023 fires in Ocean County, prosecutor says” 

—“Saga between Jersey City & ranking police union continues with PERC siding with city” 

 

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.

 
 
EVERYTHING ELSE


IT’S JUST GETTING OUT OF ARTHUR BARCLAY’S WAY — “It hasn’t moved in more than 20 years; why is the Battleship New Jersey leaving Camden?” by The Courier-Post’s Carol Comegno: “The Battleship New Jersey in the near future will leave its pier for the first time since it opened more than 20 years ago as a waterfront museum. Museum officials say the ship will be towed a few miles down the Delaware River for major maintenance in the same South Philadelphia drydock where it was built in the early 1940s. … The alliance will receive a $5 million grant toward the preventive maintenance project from the New Jersey Historical Commission and is in the process of raising more funds toward the estimated $8 million to $10 million cost.”

—“South Jersey man trying to reclaim the term ‘Piney’”

R.I.P. — “Glen Rock publishing executive Adrienne Vaughan killed in boat crash in Italy”

—“Judge dismisses sexual assault charges against former 'Chopped' chef Shalom Yehudiel” 

 

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