New Jersey...and how it got that way: July

Posted December 20, 2007 by Brett Avery

Situation: Too many public officials, elected as well as appointed, are more concerned with acquiring and protecting power than with honestly conducting the business of the people they’re supposed to serve.

Cause:  The state constitution runs roughly 25,000 words, but 41 words in Article I sum it up: “All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it.” In recent decades, public power has eroded because a disgusted electorate has abdicated its oversight responsibility. Voter turnout was 49 percent in 2005, not much of an improvement over the 42 percent mark reached in 1998—the worst in 78 years, and in a congressional election year at that.

Most people have no clue what happens at any level of government. As a result, Trenton, along with a growing number of authorities and municipal and school bodies, is packed with individuals placing personal enrichment and power ahead of the peoples’ interests. That situation fostered mounting financial pressures that culminated in the ultimate power play: an unprecedented ten-day state-government shutdown in July 2006 when the state Legislature failed to approve a budget by the June 30 deadline. Governor Jon Corzine’s call a few weeks later for a legislative special session on property taxes fizzled into squabbling, posturing, and only meager progress. Though the lawmakers passed a measure providing $2.2 billion in property tax relief, the big issues of municipal consolidation and dual office-holding were killed. Since then, an April car crash nearly claimed Corzine’s life, and twelve state senators decided not to seek reelection, setting up a wholesale power melee in an election year. That’s terrific for lovers of political theater but not for taxpayers, because even less attention will be paid to pressing issues.

Fix:

1. Get informed, get active, get to the polls. Let’s say you owned a business with about 25 employees. You’d know who they were, what they were doing, who was pulling their weight, and who was wasting money and time, right? You do have that kind of business. It’s called government. On a regular basis, you hire a president, a vice president, two U.S. senators, a representative, a state senator, two legislators, and assorted local officials. Yet most people are blind to the actual performance of these workers. How could any business owner justify failing to determine whether employees are worthy, to scrutinize how the company budget (read: tax dollars) is being spent, or to speak out when it becomes clear that something is wrong?

We may have anemic voter turnout, but we have people who fill the nearly 500,000 full-time-equivalent jobs at the state and local level. That’s a lot of employees for 8.7 million people. According to 2004 U.S. Census Bureau figures, for every 10,000 residents, the number of full-time-equivalent workers was 172 at the state level and 398 at the local level. The local numbers are unchanged over the previous decade, but your three state employees—one Senator and two legislators—helped raise state employment by 38 percent.

It gets expensive fast when you don’t pay attention. New Jersey is operating in a vacuum; our thirteen U.S. representatives and two senators bring home the smallest return on tax dollars paid of any state, and employers and residents are bolting because life looks better almost everywhere else. That leaves New Jersey squirming beneath the thumb of the state’s power elite, beholden to whatever decisions they make.

We can justifiably complain about taxes, cost of living, corruption, and a dozen other well-worn topics. Here’s the bottom-line question: What have we done lately to fix even one of those problems?

2. Legislative special session focusing on government reform.  Corzine’s 2006 call for a special session on property taxes acknowledged the enormous (and growing) burden on residents. Ideally, the Legislature would have taken up this and other important work without a scolding from the governor, who knows how to run an efficient business. The Legislature had the chance to one-up him by reining in costs and reforming their own legal but quasi-ethical ways. But after months of meetings, the biggest development was $2.2 billion in tax relief—a welcome gesture, but one that doesn’t address the root problem: profligate waste and duplication of services.

An unflinching review of government reform should be the first step, albeit a baby step, toward intensifying scrutiny of public policy. Legislators may protest that such work before November elections would infringe unfairly on their campaigns. Here’s a suggestion for all of them: Prove you deserve to be reelected by enacting wide-ranging reform before the next performance review in November.

Our 80 assemblymen and 40 senators know what’s required to reform power run amok, right down to the local level. They know the ruses: pay-to-play and other finance conflicts, multiple-job holding, lifetime employment, pension abuse, and cloaked power (notably county chairs of political parties, to whom legislators are indebted). Sufficiently motivated, they could bang out those laws in about four weeks. Heck, it wouldn’t matter if they wrote the legislation while sunning themselves down the Shore, just as long as it gets to Corzine’s desk.

It’s no surprise that some of the dozen senators stepping down are doing so because investigations by U.S. Attorney Christopher Christie and his staff on legislative practices are gaining momentum. There’s every reason to believe the perp walks will continue when some of the departing dozen are out of office.

Those who haven’t been brought up on criminal charges might want to tape this good-government to-do list to the fridge: create unflinching conduct laws with zero tolerance; lay out government workings for public scrutiny; allow no more than the equivalent of one full-time public job for anyone; train every public employee at every level where to draw the line; define power in a way that values accomplishment and leadership, not simply control.

Then perhaps state Attorney General Christie and other law enforcement officials can spend more time on crimes like theft, drugs, vice, and terrorism.

3. Full-time legislature.  Considering the mess Trenton has become, this sounds about as sane as parents leaving a bunch of fifteen-year-olds alone in the house for a weekend with a stack of cash on the kitchen table. Restricting all 120 legislators to one job and one pension might not translate into millions of dollars in direct savings in those areas, but taxpayers could see sizable savings by solving conflict-of-interest issues and getting the required workload out of the Legislature.

Changing to a full-time legislature likely would require a change to the state constitution and approval by voters. Four states have full-time legislatures: California, Michigan, New York, and Pennsylvania. New Jersey ranks in a group of seven just below those four in terms of the workload that’s expected from legislators, according to the National Conference of State Legislatures. So going full-time is not a stretch, and it would also make the job more appealing to potential candidates who currently won’t consider it because of the $49,000 salary. Bumping annual pay to around $100,000 would be necessary to address conflict-of-interest problems. That means no keeping a side interest in a law practice or real estate business, a provision that could radically change the pool of people seeking office. At the Legislature’s own website, 15 of 40 Senators list their occupation as “legislator.” Fine. If they want the job, make it their sole focus.

4. Institute grassroots election reform. As noted in this series’ March installment, the Legislature has approached public campaign finance reform tepidly. In the interim, Corzine signed the 2007 NJ Fair and Clean Election Pilot Project Act. It expands on a 2005 Legislature election program by allowing candidates to collect a few hundred $10 contributions in exchange for public financing. It emphasizes grassroots campaigning—forums, debates, door-to-door canvassing—with the goal of eliminating financial and societal barriers for women, minorities, and those lacking a voice in the two major parties. This year, general election candidates in both houses are eligible; the plan expands to the primaries in 2009. It is a good step but not aggressive enough.

Our elections have become a game for the rich who bankroll their own way. Missing from the equation are motivated, average citizens yearning to serve. Comprehensive campaign reform can invigorate voter participation by offering a variety of public-minded representatives and debate of real topics instead of party-selected favorites and unopposed candidates.

5. Give the governor some room. We have arguably the nation’s most powerful governor: He controls the executive branch, appoints the cabinet, and pretty much runs the show, unlike states such as Texas, where the governor is a figurehead.

At the time of Corzine’s April 12 near-fatal car crash outside Atlantic City, an ethics panel was examining whether personal payments he made to former girlfriend and union head Carla Katz played a role in recent contract negotiations. The panel cleared him, but whispers linger. Explain it, once and for all, and be done with it. And Carla, that goes for you, too.

As he returned to work May 7, Corzine said he was thankful for every day and did not have “much tolerance for fighting for fighting’s sake, for posturing.”

Well…good. Now start fighting for the people’s sake.

Open Seats
Twelve of our senators are stepping down. Here are the slots to watch.

DISTRICT 5
Wayne Bryant, 59
Joined Senate in 1995. One of his party’s two deputy majority leaders. Under investigation after independent monitor uncovered his no-work job at UMDNJ.

DISTRICT 8
Martha Bark, 78
Joined 1997. Conference leader, No. 2 spot on her side of aisle. Former Medford mayor allegedly made more than $300,000 from no-show jobs in Burlington County.

DISTRICT 9
Leonard Connors Jr., 79
Joined 1982. Surf City mayor since 1966 is one of three Senators who have served longest (Richard Codey, Gerald Cardinale).

DISTRICT 11
Joseph Palaia, 80
Joined 1989. Former Ocean Township mayor began his career on its council in 1967, served as assistant president pro tempore (1994–2001).

District 14
Peter Inverso, 68
Joined 1992. One of his party’s two deputy minority leaders. With Inverso—also president of nine-branch Roma Bank—stepping down, the district can be designated as test case in Fair and Clean Election pilot.

District 16
Walter Kavanaugh, 75
Joined 1998. Assistant budget officer has served shortest time among departing Republicans, avoids facing likely unbeatable primary foe. Began in public service with election to Somerville board of education in 1962.

District 24
Robert Littell, 71
Joined 1990. Budget officer. Member of varied commissions since mid-1980s; chaired Senate’s Budget and Appropriations Committee from 1992–2003. Likely faced uphill battle in primary.

District 26
Robert Martin, 60
Joined 1993. Seton Hall University law professor and member of Senate Judiciary Committee, also likely facing untenable primary battle.

District 29
Sharpe James, 71
Joined 1999. Former Newark mayor under investigation for travel expenses and other activities. Decided to avoid showdown with Teresa Ruiz, backed by new Newark mayor Cory Booker and most of Essex County hierarchy.

District 31
Joseph Doria Jr., 62
Joined 2004. Won runoff election last year to remain mayor of Bayonne, which spelled likely Senate primary challenge. Prior to Senate spent 23 years in Assembly, including stints as its minority leader and speaker.

District 33
Bernard Kenny Jr. , 60
Joined 1993. Majority leader, No. 2 spot on his side of the aisle, and longest-serving among departing Democrats. As with Doria, moved up from Assembly (1987–93) and likely faced losing in primary.

District 40
Henry McNamara, 72
Joined 1985. Real estate investor served a year as mayor of Wyckoff in 1979, then a year as deputy mayor.

Who’s Up, Who’s Down

With so many events unfolding, it’s not easy to keep track of who is gaining power, who is squandering it and who is losing it. Here’s your scorecard:
By Brett Avery

Up and Down: Jon Corzine. Big sympathy boost in his popularity, kudos for honestly admitting he screwed up by not wearing a seat belt. Not the greatest speaker but if the governor can communicate his newfound outlook on life to the state, there’s no limit.

Up: Tom Shea. During the past seven years he’s become one of the governor’s closest confidants. As his chief of staff the post-accident role he plays running the state grows exponentially.

Up: Richard Codey. Third time stepping into the breach, handling double duty as state Senate president and acting governor. People admire and trust his no-nonsense attitude and focus on family.

Up: South Jersey. Rising population + erosion of power in North Jersey + redistricting before the 2011 election = more money in the form of state aid and stronger representation in Trenton.

Up: Loretta Weinberg. State senator from Teaneck who stepped up in 2005 after seven terms in the Assembly and a legal victory over the Bergen County caucus for the right to appear on the ballot in the senate race. Plus, Corzine’s got her back.

Up: Stephen Sweeney. Democratic state senator from Salem County and business representative of Ironworkers Union Local 399 scored points in some circles last year by calling for a 15 percent cut in state worker pay. [[DC: This one’s yours.]]

Up: Cory Booker. The Newark mayor is slowly repairing the damage of the Sharpe James years. Now if he can do something about that murder rate …

Up: Joseph Cryan. The Democratic state committee chair since 2006 earned some important victories in Burlington, Cumberland, and Gloucester counties, hard territories until late.

Up: Al Leiter. Lefty on the baseball mound, righty in the political dugout, whispered as a starter in the 2008 race for the U.S. Senate held by Frank Lautenberg. So far not serving time in the minors isn’t seen as a liability.

Up: Republican Party. Gaining in numbers throughout the state.

Down: Republican Party. With everything happening in Washington it’s likely anyone in red is going to get a beatdown at election time.

Down: Hudson County. People in the other 20 counties are beginning to realize where so much money is flowing. Those key state senate retirements mean more hand-picked candidates by the Democratic Party, but can they get up to speed without suffering too much hazing?

Down: New Jersey residents. They’re tired, apathetic and perfecting the art of whining. But they’re doing nothing to rectify the situation.

For more stories about: Newark, Corzine, Jon, Wyckoff, Medford, Bryant, Wayne, Bark, Martha, Connors Jr., Leonard, Inverso, Peter, Kavanaugh, Walter, Littell, Robert, Martin, Robert, James, Sharpe, Doria Jr., Joseph, Kenny Jr., Bernard, McNamara, Henry, Surf City, Ocean Township, Somerville