New Jersey
Bill that will decimate public access to NJ government records moves forward for approval
3-minute read
A bill that would gut access to public records is set be voted on by both chambers of the New Jersey Legislature on Monday after it cleared the Assembly Appropriations Committee on Friday afternoon.
The state Senate Budget Committee advanced the bill on Thursday after a sequel of sorts to the bill’s first hearing at a March meeting played out in a Trenton committee room: Advocates delivered hours of testimony against the bill, multiple lawmakers expressed opposition to it and ultimately the same outcome — the bill advanced.
When draft amendments were posted by the Legislature late Friday afternoon, they differed from the version made available to the press before the state Senate committee hearing on Thursday.
The most recent version available on the Legislature’s website removes the presumption of access clause at the beginning of the New Jersey Open Public Records Act, which notes that “government records shall be readily accessible.”
“It’s crazy to me that they pulled this bill in March to claim they would fix it, only to end up with a process and a bill that’s much worse,” CJ Griffin, an attorney and prominent OPRA advocate, said. “The reprint today contains new amendments which were not even before the committee, including gutting Section 1 of OPRA, which required agencies and courts to construe OPRA in favor of access. There’s no explanation for deleting that other than an extreme hostility toward transparency.”
In addition to that change, the implementation of the bill will now cost $10 million instead of $8 million.
What happened at the Assembly hearing?
Friday’s hearing before the Assembly Appropriations Committee was no different from Thursday’s in the state Senate. Dozens of advocates pointed to flaws with the bill. They questioned lawmakers’ motives and called for a more collaborative discussion to further amend the bill.
“Even with limited time to review the amendments, however, we can see that many problematic provisions remain — sort of wolves in sheep’s clothing,” said Evelyn Murphy, president of the League of Women Voters for Monmouth County. “You changed the language, but you did not address the core issues.”
Marleina Ubel, an analyst at the New Jersey Policy Perspective, said that the amendments do “little to address failings of the bill” and “place the onus of the burden on the public rather than on the agency.”
“New Jersey is already a disgraceful 48th in the nation for public access laws and will no doubt slip even further,” she said. “Fewer than 37% know their congressional representative. How many people know the names and the titles and all of the things we are going to be asking them to do to get access to these records?”
Representatives from agency organizations such as the League of Municipalities, New Jersey Conference of Mayors and New Jersey Association of Counties were in support of the bill, though they said that if it were up to them, they would have implemented even more restrictions on access to public records.
“We don’t think this bill goes far enough but this is a legislative process. You don’t get everything you wanted all the time,” said William Caruso, legislative counsel for the New Jersey Conference of Mayors.
Many had hoped for lightning to strike twice — and wanted the bill to again be pulled from consideration at the last moment, as had happened in March.
Instead, the meeting — which featured just the OPRA bill — went on as planned and ultimately the bill advanced with a final tally of 8-1 with Assemblyman Jay Webber abstaining.
Our view: Amended OPRA bill an absolute sham. Gov. Murphy, veto this affront to democracy
What would the ‘reform’ do to roll back OPRA?
Since the bill was first heard in committee in March, Republicans in both chambers have joined as sponsors — state Sen. Anthony Bucco in the upper chamber and Assemblywoman Victoria Flynn in the lower chamber.
The updated bill includes the renewed ability to make anonymous requests and the removal of exemptions for call and email logs and digital calendars.
It also implements stricter requirements on how to request things like texts and emails including specific accounts, times, topics and titles.
There are modifications to the provision limiting access to metadata to allow for access only to the “portion that identifies authorship, identity of editor, and time of change.”
Language restricting data brokers and commercial entities that resell information obtained through OPRA was removed.
Among the parts that remain mostly intact include one of the most controversial, known as the fee-shifting provision. This provision previously required public record custodians that had not, according to a judge, properly provided records to pay the requesters’ attorney fees.
The bill initially changed that to say winners of OPRA lawsuits “may” be entitled to legal fees if the public agency is found to have knowingly violated the law or unreasonably denied access. In its amended form, the bill still eliminates the attorney fee requirement but does allow for judges to decide that fees are warranted if the denial was unreasonable, if the agency “acted in bad faith, or knowingly and willfully violated” the law.
The amendments also include language that would allow for a court to “issue a protective order limiting the number and scope of requests the requester may make” if they “sought records with the intent to substantially interrupt the performance of government function.”
The legislation was first enacted in 2002 and requires local, county and state government entities to provide the public with access to government records in New Jersey.
This bill is slated for a full state Senate vote on Monday and is expected to appear before the full Assembly on Monday as well.
Katie Sobko covers the New Jersey Statehouse. Email: sobko@northjersey.com
New Jersey
Violent teens clash with cops at NJ carnival — prompting officials to cancel beloved yearly event
Unruly teens violently overwhelmed a New Jersey community carnival, sparking several fights and cursing out police officers, forcing organizers to prematurely shutter the beloved annual event.
A large gathering of “unsupervised juveniles” descended onto the Maple Shade Tigers Youth Football Carnival at JFK Memorial Field in Maple Shade, NJ, on May 1, inundating the yearly gathering to fundraise for the youth sport organization, according to township officials.
“Officers on scene, along with event organizers, directed those involved and other unruly individuals to leave the carnival grounds in an attempt to restore order and maintain public safety,” Maple Shade officials said.
“As a result of the incident, the carnival was closed for the remainder of the evening.”
The delinquents weren’t ousted without a fight, causing problems with officials at the carnival about 15 miles east of Philadelphia.
“They were cursing at police officers. They were clearly trying to provoke physical confrontations with cops,” Maple Shade Police Department Lt. Daniel O’Brien told 6 ABC Philadelphia.
Police say several teens were charged but didn’t reveal the alleged crimes, according to the outlet.
One witness described the mass exodus as a “herd of kids” being escorted by cops, according to the outlet.
Large swarms of teens were seen on video posted online getting into fights and sprinting down the streets of the neighborhood.
One clip captured police officers chasing some of the hooligans as night fell on the Burlington County enclave.
Rumors began to spread online about weapons being brought into the carnival, but Maple Shade Police could not verify the reports, and no weapons were recovered from the scene.
Because of the Friday night mayhem, the second night of the carnival was also canceled.
“We recognize that this decision is not made lightly. The Maple Shade Tigers Youth Football Carnival is a valued tradition that supports a dedicated youth sports organization and brings the community together each year,” town officials said.
“From the outset of this event, Township officials, the Maple Shade Police Department, and the Maple Shade Youth Football organization have worked in close coordination with a shared commitment to ensuring the safety and well-being of all attendees,” officials said.
“Despite these proactive efforts, the circumstances that developed this evening required immediate action.
Officials estimate that the youth football organization lost thousands of dollars after the cancellations.
“It’s a non-profit, everything that we have always goes back into the program. New equipment, uniforms, helmets,” Thomas Oshinsky told 6 ABC Philadelphia.
Following the chaos in Maple Shade, officials beefed up security measures for the upcoming St. Mary of the Lakes Carnival and Music Festival in neighboring Medford.
Fences will enclose the event, and there will only be two entrances, officials said in a statement on Facebook.
“Face coverings are strictly prohibited, hoodies cannot be worn over your head, wand screening will be conducted, and all bags will be subjected to search,” the advisory warned.
Guests over 18 will be allowed into the park free of charge, with minors taller than 60 inches needing to buy a ticket.
“Carnivals are meant to be fun, family-friendly, fundraising activities held within communities,” officials said. “In Maple Shade, we saw yet again, what happens when groups of teens come to a carnival with intentions other than riding rides, eating funnel cake or playing games.
“We are hoping the measures above will prevent anything unwanted,” the statement added.
Medford officials blasted the uptick in teenage chaos as the community events that have plagued local carnivals in the South Jersey area over the past several years.
New Jersey
Bruce Springsteen says Long Island and New Jersey kinda like the same place
New Jersey … Long Island … what’s the difference?
Bruce Springsteen, stage-bantering during his Tuesday night concert at UBS Arena in Elmont, told the audience he seen little difference between the two bedroom communities of New York City.
And he paid tribute to Billy Joel.
“You see, Long Island and New Jersey — they’re the same thing. We were just separated at birth. That was what happened,” he said to cheers while performing “Wrecking Ball.” “We’re all my fellow bridge and tunnel people.”
Then, maneuvering his guitar, he added: “If you shake up New Jersey like this it becomes Long Island.”
The banter was prompted by the song lyrics, “I was raised outta steel / Here in the swamps of Jersey.”
Springsteen’s tribute to Long Island drew laughter, cheers and nods of agreement. His lyrics referencing the New York Giants and The Meadowlands Sports Complex also received warm and enthusiastic reactions from the audience.
As if all that weren’t enough, Springsteen also gave a shoutout to the Piano Man, who has boosted his presence in Florida and isn’t much in a “New York State of Mind” after listing his Gold Coast mansion, movin’ out and becoming a Florida resident.
“Let Billy hear ya in Florida!” Springsteen said during “Hungry Heart.”
Springsteen, of Freehold, New Jersey, has shouted out Long Island — and Hicksville’s Joel — before.
In 2009, at a 25th anniversary concert for the Rock & Roll Hall of Fame at Madison Square Garden, Springsteen asked the audience: “Are you ready for the bridge-and-tunnel summit meeting right here, right now? Because Long Island is about to meet New Jersey on the neutral ground of New York City!”
Then, Joel emerged. The two performed together.
Newsday’s Rachel Weiss contributed to this story.
New Jersey
80-year-old crossing guard killed after being hit by car while helping kids cross street in New Jersey – AOL
An 80-year-old crossing guard who neighbors say devoted years to protecting children was killed Monday after she was struck by an SUV while helping two students cross a busy New Jersey intersection, authorities said.
Witnesses told ABC7 that Jean Schultz pushed the children out of the path of the oncoming car moments before they were struck.
It happened at the intersection of McBride and Lackawanna Avenues in Woodland Park just after 3:30 p.m., according to the Passaic County Prosecutor’s Office.
Schultz, who lived in Woodland Park, was rushed to St. Joseph’s University Medical Center, where she was pronounced dead.
The two children, who are siblings, according to officials, were hospitalized with minor injuries. Authorities said they were not hit by the vehicle but suffered minor injuries when they fell to the ground.
Jean Schultz was helping two children cross a busy intersection in Woodland Park, New Jersey when she was struck by a vehicle (ABC7)
Police said the driver remained at the scene. No charges have been announced as the investigation continues.
The tragedy sent shockwaves through the community, where residents described Schultz as a beloved staple who took pride in keeping children safe.
“You know, we try to save the people, the kids, but it’s very bad what happened,” fellow crossing guard Franko Racanati told CBS News Tuesday.
“She loved the job. She loved it, and it cost her her life. But she was just a good person. I can’t say enough about her,” neighbor David Holster told ABC7.
“She was a staple, a staple. It’s so unfortunate. Eighty years old, and to have to go like that,” resident Giuseppe Martucci added.
“She literally put herself in harm’s way to protect the kids,” Marino Florio, another resident, said.
In a statement shared to Facebook, Woodland Park Mayor Tracy Kallert called Schultz’s death a “heartbreaking loss.”
“Jean Schultz was a dedicated crossing guard who took great pride in keeping our children safe each day,” Kallert said. “We extend our heartfelt condolences to her family, loved ones, and our crossing guard team as we mourn together.”
The mayor later described Schultz as “more than a crossing guard.”
“She was a bright and reassuring presence for generations of children and families,” Kallert said. “Jean was a kind and gentle soul who lit up every time she saw the kids coming, greeting them with a smile and ensuring their safety each and every day.”
“Her compassion, warmth, and genuine love for the children of Woodland Park left a lasting impact that will never be forgotten,” the mayor added.
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