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Newark Mayor Cory Booker closes in on second term

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NEWARK -- On Tuesday, Mayor Cory Booker will likely be re-elected to a second term, but few people outside the state’s largest city are even aware a campaign is taking place. This year, the usual clamor of city politics has been largely muted. Unlike the 2006 election, there have been no raucous debates, no battling TV ads, minimal mud...

newark-mayor-cory-booker-debate.JPG(L to T) Yvonne Garrett-Moore, Newark Mayor Cory Booker, Clifford Minor and Mirna L. White get ready for a debate at a public forum broadcast live on Cablevisions' Meet the Leaders Newark, in this photo taken earlier this week.
NEWARK -- On Tuesday, Mayor Cory Booker will likely be re-elected to a second term, but few people outside the state’s largest city are even aware a campaign is taking place. This year, the usual clamor of city politics has been largely muted.

Unlike the 2006 election, there have been no raucous debates, no battling TV ads, minimal mud slinging and no street fights.

Booker, the former punchy underdog who won four years ago with 72 percent of the vote, has largely avoided public confrontations. Instead, he has spent about $5.5 million on a handful of glossy television ads, and a slew of posters and lawn signs.

His chief challenger, Clifford Minor, a soft-spoken former Essex County prosecutor, is running at the urging of his longtime friend, state Sen. Ronald Rice. He has shown up at debates, held coffee klatches and printed lawn signs and mailers.

When the campaign spending of the two other mayoral candidates — Yvonne Garrett Moore and Mirna White — are combined with Minor’s $240,000, the three have spent less than $300,000 on the campaign.

"It seems to me there is not nearly as much of a buzz this time around as there was four years ago," said Newark historian and Rutgers professor Clement Price. "The buzz this time has to do with the depth of Mayor Booker’s popularity."

The political stakes are indeed high for Booker, who, at some point, is expected to seek higher office. If he does not post a significant margin of victory on Tuesday, it could affect his credibility as a statewide candidate.

If Booker were to somehow lose, it would be a stunning upset and the politician who defeats him would be credited with taking down one of the state’s biggest political brands.

Booker gained national fame in 2002 with an unlikely bid to unseat then four-term incumbent Mayor Sharpe James. The Academy Award nominated documentary "Street Fight" chronicled how Booker, with $1.5 million, mounted a grassroots insurgency that lost out by a scant 3,500 votes to James, who had raised $2.7 million.

Four years later, under the specter of a federal indictment, James bowed out at the last minute and Booker, who had put together a $6 million war chest, sailed to victory over Rice who had only $178,000 and 45 days to mount a campaign.

Now, Booker has become the establishment candidate. The 41-year-old former attorney and Rhodes Scholar, has raised $7.5 million, with about half coming from outside Newark from stars like Oprah Winfrey and Steven Spielberg.

He has declined all but one debate, opting instead to tout his achievements — a 21 percent drop in crime, rehabilitated parks and new jobs provided by a handful of new businesses — on fliers and TV ads that run 2,000 times a week on CNN and elsewhere.

Challengers see Booker’s tenure differently.

They cite layoffs and furloughs of city workers, a skyrocketing unemployment rate, persistent crime, a polarizing police director and lack of development outside of downtown, his Bergen County roots and his perceived lack of engagement in the city.

"I’m dissatisfied with what he’s done," Minor, 67, said. "For the most part, I believe that he has not had a real connection with the residents."

Booker campaign manager Pablo Fonseca said they’re not taking a win for granted, and are mobilizing roughly 2,000 troops for Election Day and in certain areas will be monitoring get-out-the-vote efforts in real time by giving campaign workers iPhones.

"We’re confident, but we’re in the battle of our lives," said Fonseca.

Booker is expected to do well among Hispanics in the North and East wards who have grown to 32.5 percent of the population, according to U.S. Census estimates.

Minor, who has about 500 volunteers to work the streets on Election Day, is setting his sites on old-guard James supporters, and African-American voters in the Central, South and West wards who have never welcomed Booker.

According to Price, though, Minor’s focus on a return to the Newark of old, could be a mistake.

"We will never return to an insular, siloed city that will look askance at new talent from the outside," Price said. "Newark is increasingly driven by people guided to come here because of Cory Booker and because of the new Newark."

More Newark news:


N.J. Army soldier's death highlights gap in military suicide prevention efforts

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WASHINGTON -- Army Sgt. Coleman Bean was at home in New Jersey after serving two tours of duty in Iraq, but in a way, he was lost in a no-man’s land. The 25-year-old South River man, suffering from acute post-traumatic stress disorder, was part of the military’s Individual Ready Reserve (IRR), a pool of tens of thousands of service...

military-suicide-bean.JPGSgt. Coleman Bean, photographed in New Jersey after his first deployment to Iraq in 2003. Citing a critical gap in the military's suicide prevention efforts, Rep. Rush Holt has introduced a measure named for Bean, who took his own life in 2008, after serving two tours of duty in Iraq.
WASHINGTON -- Army Sgt. Coleman Bean was at home in New Jersey after serving two tours of duty in Iraq, but in a way, he was lost in a no-man’s land.

The 25-year-old South River man, suffering from acute post-traumatic stress disorder, was part of the military’s Individual Ready Reserve (IRR), a pool of tens of thousands of service members who have finished their active-duty stints and returned to civilian life but who remain military property, available for call-up when necessary.

Cut off from his buddies, removed from the Army’s on-base psychologists and ineligible for treatment from the Department of Veterans Affairs, Bean careened through life, not quite sure how to deal with his frequent panic attacks, nightmares and inexplicable rages, his family said. On Sept. 6, 2008, after an arrest for drunken driving, he shot himself in the head.

Today, in response to Bean’s suicide, Rep. Rush Holt said he had introduced legislation intended to close what he termed a critical gap in the military’s suicide-prevention efforts. The measure is named for Bean.

“This is just a heart-rending case of someone who, in his father’s words, fell through the cracks because he had no advocates, and the organization of the military is such that those in IRR are disconnected,” said Holt (D-12th Dist.).

While the military has made strides in responding to a record number of suicides in each of the past two years, Holt said, more must be done to monitor and treat people like Bean, one of an estimated 11,000 IRR members who have served in Iraq or Afghanistan since 2003.

“Two federal agencies charged with helping prevent suicides among our returning troops utterly failed Sgt. Bean and his family,” Holt said of the VA and the Army. “We cannot allow another family to lose a son or daughter, a father or mother, a husband or a wife because of bureaucratic buck-passing.”

Under the measure, officially named the Sgt. Coleman S. Bean Individual Ready Reserve Suicide Prevention Act, every member of the IRR who has served in Iraq or Afghanistan would be contacted by a trained counselor at least once every 90 days.

The counselors would be required to assess the emotional, psychological, medical and career needs of the service members and provide guidance and help. Those service members deemed at risk of hurting themselves or others would be immediately referred to the nearest military treatment facility or to another mental health provider.

Holt’s bill has four Democratic co-sponsors and one Republican co-sponsor. There is no Senate version, but Holt said he is confident the measure will win Senate backing.

The bill has the support of G.I. advocates, who say members of the IRR are among the most isolated and at-risk.

“I feel optimistic about the possibility that men and women who are in essence lost ... will be provided with the care that we owe them,” said Judith Broder, founder of the Soldiers Project, a nonprofit that provides free counseling to veterans.

Bean’s mother, Linda Bean, said she hopes the bill is enacted, calling its passage a matter of life and death for some members of the armed forces.

“Since Coleman’s death, we have come to know that one phone call — just one honest expression of compassion — can help catch and hold someone who is at the edge of despair,” she said. “For us, if the phone calls mandated by this legislation help save one life, then that is blessing enough.”

Tomas Dinges contributed to this report.

Military suicides: U.S. soldiers struggle with torment of war

N.J. closes high-risk gang unit at Northern State Prison in Newark

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Inmates will be transferred, state will save $5M

Northern_State_Prison.JPGInmates housed in the Security Threat Group Management Unit, who have been identified as gang members stretch their legs in their recreation area at Northern State Prison in a 1999 photo.NEWARK -- New Jersey Corrections Commissioner Gary Lanigan said the state will close a 240-bed unit at Northern State Prison that houses the state's high-risk gang members.

Lanigan said inmate files will be reviewed to determine where best to transfer them. He doesn't believe mixing them with other inmates will cause problems.

Closing the 12-year-old prison unit will save the state about $5 million. The unit often has a vacancy of about 100 beds.

The number of inmates in Garden State prisons dropped to 25,668 this year from 25,969 in 2009. Each inmate costs the state $38,115 a year.

NorthJersey.com : Closing gang unit to save state $5M

Previous coverage:

N.J. prisons face staff layoffs, double bunking of inmates with $75M budget cuts

Police charge 22 gang members with running crime operation inside N.J. State Prison

Gangs are thriving behind N.J. prison walls, report says

A gang member's insider prison film hits the big screen

Appeals court is expected to rule N.J. donation restrictions for unions

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TRENTON— A New Jersey appeals court is set to rule today on whether Gov. Chris Christie can apply the same political donation restrictions on corporations to public employee unions. New Jersey prohibits state agencies from awarding contracts worth more than $17,500 to companies that have donated more than $300 any state or county campaign within 18 months. But unions...

chris-christie-budget-statehouse.JPGGov. Chris ChristieTRENTON— A New Jersey appeals court is set to rule today on whether Gov. Chris Christie can apply the same political donation restrictions on corporations to public employee unions.

New Jersey prohibits state agencies from awarding contracts worth more than $17,500 to companies that have donated more than $300 any state or county campaign within 18 months.

But unions — which donate heavily to Democrats — had been exempt.

The Republican governor on his first day in office ordered the pay-to-play ban to apply to unions.

The unions argued in court that violated free speech. They also said it was wrong to equate a collective bargaining agreement with a corporate contract.

N.J. education chief plans to lay out merit pay, benefits cuts for teachers

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Bret Schundler also wants to use publicly funded scholarships to send low-income students to private schools

bret-schundler-education-nj.jpgN.J. Education Commissioner Bret Schundler appears before Assembly budget committee April 26 in Trenton.
TRENTON— New Jersey Education Commissioner Bret Schundler is expected today to lay out plans for tying teachers' pay to how well their students perform.

Merit pay is likely to be one of the biggest in several major changes Schundler and Gov. Chris Christie plan to make to the state's public education system.
Schundler said it's a key to improving the state's schools. And he said making the change could help the state win a $400 million federal grant.

But the New Jersey Education Association doesn't want to adopt the pay changes.

The administration also wants to take away free lifetime health insurance for educators and use publicly funded scholarships to send low-income students in some areas to private schools.

More coverage:

N.J. education chief plans 'merit pay' evaluations for teachers

N.J. teachers' union, Schundler cooperate for $400M federal grant

N.J. is out of running in first round of federal 'Race to the Top' education funding

Complete coverage of the 2010 New Jersey State Budget

Appeals court rejects Christie's order restricting N.J. donations for unions

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Three-judge panel says governor's actions infringed on separation of powers with Legislature

chris-christie-mayors-conference.jpgNew Jersey Gov. Chris Christie speaks to the Conference of Mayors Annual Luncheon Meeting at the Borgota in Atlantic City last week.
TRENTON -- A state appeals court today rejected Gov. Chris Christie's executive order curbing political donations by public worker unions.

The three-judge panel said Christie's action infringed on separation of powers with the Legislature, and such donation limits cannot be imposed by a governor unilaterally.

"We do not reach this conclusion lightly. Nor do we otherwise discount or question the Governor's policy objectives or his considerable and well-established constitutional authority over the Executive Branch and the management of the State workforce," the judges wrote. "We simply hold that what (the executive order) seeks to achieve must be pursued through legislation."

The order, signed by Christie on his first full day in office in January, broadened campaign finance rules to limit donations by labor unions that have public contracts. Christie said he was simply bringing unions in line with other "business entities," such as law and engineering firms that have state contracts worth more than $17,500. Those businesses are barred from donating more than $300 to statewide campaigns, but freer to give in local races.

Several unions sued, saying the order violates members' First Amendment rights by barring them from supporting candidates and participating in the legislative process. Organized labor, a traditional Democratic constituency, worked feverishly against the Republican Christie during the gubernatorial campaign.

They also said collective bargaining contracts could not be treated like business deals.

The ruling will take effect July 1, "in the interests of accommodating potential review by the Supreme Court."

The Communications Workers of America, the largest state workers' union, said it was "gratified" by the ruling.

"The Court rightly held that the Legislature never intended to restrict the right of labor unions to participate in the political process, and the governor has no power to do so on his own," said Hetty Rosenstein, CWA New Jersey State Director. "Today’s decision is a valuable reminder of the wisdom of our system of three co-equal branches of government.”

Christie said he was not happy to see the order struck down, and would consider whether to appeal the ruling, seek legislation, or pursue another route to accomplish the same goals.

"We're going to look at all of our different options," Christie said at a press conference. "The executive order was about achieving a policy objective, and that is to level the playing field."

"I don't think that there is one class of speech that should be regulated, and another class of speech that should not be," the governor said.

Adding unions to the pay-to-play restrictions had been praised by the Election Law Enforcement Commission, the state's campaign finance watchdog agency.

NJ Gov. Chris Christie's first full day in office

N.J. Sen. Diane Allen returns to the Statehouse after battle with cancer

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TRENTON — After a six-month absence to treat an aggressive form of oral cancer, state Sen. Diane Allen (R-Burlington) returned to work in Trenton today. “It feels wonderful. I’ve stayed home to gather the energy so I could do this, and here I am,” said Allen. Allen tried to slip in unnoticed to the joint meeting of the Senate...

diane-allen-returns-legislature.JPGState Sen. Diane Allen poses for a portrait in her office in Burlington on Thursday. Allen, who was diagnosed with cancer and has been undergoing treatment, returned to the legislature today.
TRENTON — After a six-month absence to treat an aggressive form of oral cancer, state Sen. Diane Allen (R-Burlington) returned to work in Trenton today.

“It feels wonderful. I’ve stayed home to gather the energy so I could do this, and here I am,” said Allen.

Allen tried to slip in unnoticed to the joint meeting of the Senate and Assembly health committees this afternoon, walking in about 10 minutes late and quietly taking her seat. “I really am not looking to make a wave,” she said.

But it was no use. State Sen. Joseph Vitale (D-Middlesex), who co-chaired the meeting, paused to welcome Allen back, drawing applause from the audience. State Sen. Robert Singer (R-Ocean) got up to give her a hug and kiss on the cheek.

In October, Allen, 62, found out an annoying sore spot on her tongue she had ignored for months turned out to be a life-threatening, advanced stage cancer. At first, her prognosis was troubling.

“Half the people who get it die, and about half the people who get it once get it again,” she said.

Allen underwent surgery in November followed by radiation therapy and experimental laser treatments. She still has one surgery scheduled for either June or July. And while Allen’s medical ordeal is not over yet, the treatment has been successful so far.

“At this point I believe it’s manageable. And I may never have it again because half the people have no reoccurrence. But even if not, I know I’m going to survive it,” she said.

For now, Allen is trying to catch up on her legislative work. Last week, she attended her first public event since her surgery at a Women’s Legislative Caucus meeting.

Thursday, she met with constituent groups at her Burlington legislative office. Next week, she has meetings scheduled with Richard Bagger, chief of staff for Gov. Chris Christie, and state Education Commissioner Bret Schundler.

“I have appointments to have people bring me up to speed on things,” she said. “I feel like I’m not there yet.”

N.J. disabled, workers debate closing of five developmental facilities

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TRENTON — Anticipating action soon on a controversial bill that calls for closing five of the seven institutions for people with developmental disabilities, hundreds of families, disabled people and state and private workers today appeared before a special legislative panel to debate the future without these facilities. Some who used to live in these institutions, also known as developmental centers,...

TRENTON — Anticipating action soon on a controversial bill that calls for closing five of the seven institutions for people with developmental disabilities, hundreds of families, disabled people and state and private workers today appeared before a special legislative panel to debate the future without these facilities.

Some who used to live in these institutions, also known as developmental centers, pleaded with legislators to allow more people to leave and lead more independent lives.

"I am happy living in the community, I have my own apartment, I have a cat, I have a boyfriend,'' said Adelaide Daskam of Plainfield, who left the North Jersey Training School 31 years ago. Like her, she said, "A lot of my brothers and sisters are glad they have their freedom.''

But there was equally emotional testimony from parents who argue their disabled children are safer and better cared for at the developmental centers, where employees are better compensated and trained and have established relationships with their clients.

Carol Mastropolo, president of the New Lisbon Developmental Center Family and Friends organization, said her son "loves'' where he has lived for the last 29 years.

"Some people are under the impression they languish in the developmental centers, but he is so busy, He goes to a workshop every day to make some money, he participates in the Special Olympics, he goes to basketball games, baseball games ... he is happy here,'' Mastropolo said of the facility, located in Burlington County.

Don Klein, executive vice president of Local 1040 Communications Workers of America, the union that represents many developmental center workers, warned lawmakers of "unscrupulous companies out there that if they do not turn a profit they leave and abandon clients.''

Experts say people with developmental disabilities - who often have serious medical and behavioral problems - need a continuum of care - group homes, supervised apartments and developmental centers.'

It is not clear when either the Assembly and Senate human services committees will hold formal hearings on the bill, (A1673/S811), calling for the closure of any developmental centers. But the chairs of both committees who held the four-hour meeting said they wanted input from the people who would be affected by the vote.

“This hearing is a tremendous starting point for everyone to work together to ensure every developmentally disabled person in New Jersey gets the services they need,'' Assembly Human Services Committee Chairman Valerie Vainieri Huttle (D-Bergen) "This is a difficult issue and one that won’t be easily solved, but it’s also one we must confront.''

Lowell Arye, executive director of the Alliance for the Betterment of Citizens with Disabilities, a lobbying and advocacy group for community home providers, said housing options outside of institutions are slim because the state has for too long pocketed the federal Medicaid reimbursement that comes from providing community housing. In fiscal year 2007, for instance, the state received $194 million in federal funds. Yet Treasury officials allowed only $50 million over three years to be used to support and expand community housing. "The other $144 million were used by the state for other purposes,'' he said.

Deborah Spitalnik, executive director of the Elizabeth Boggs Center on Developmental Disabilities, urged lawmakers to "consolidate and rebalance the system" by using the money saved by closing developmental centers to fund smaller community housing and providing more services to people living with their families. Some 70 percent of the people with disabilities like autism and mental retardation live in their family home, and get little in the way of services from the state.

"No one is disputing the needs of people in developmental centers, But there are people who have the same needs who are living with their families.'' Spitalnik added, noting that parents and siblings are getting up in the middle of the night to change diapers, or are using feeding tubes and ventilators to take care of their loved ones.

Sen. Joseph Vitale (D-Middlesex) vice-chairman of the Senate Health Human Services and Senior Citizens Committee, called the hearing "a great first step in creating an overdue dialogue on how to improve services for people with developmental disabilities.'' They "deserve our respect, and they deserve a level of care and support which is appropriate and meets their personal care needs,'' he said.

Former Gov. Tom Kean will head commission to study merge of UMDNJ with Rutgers, NJIT

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TRENTON — Gov. Chris Christie and former Gov. Tom Kean today said a controversial proposal to merge the state’s medical university with Rutgers University and the New Jersey Institute of Technology is one option they’re exploring as they launch a study group to improve New Jersey’s college and university system. Christie today signed an executive order creating the commission...

umdnj.jpgFirst-year medical students in the Class of 2011 read the Hippocratic Oath during the UMDNJ-Robert Wood Johnson White Coat Ceremony in a 2007 photo.TRENTON — Gov. Chris Christie and former Gov. Tom Kean today said a controversial proposal to merge the state’s medical university with Rutgers University and the New Jersey Institute of Technology is one option they’re exploring as they launch a study group to improve New Jersey’s college and university system.

Christie today signed an executive order creating the commission headed by Kean, a former Drew University president who serves as a mentor to the new Republican governor.

The five-member task force, first reported by The Star-Ledger on Tuesday, aims to increase the “overall quality and effectiveness” of higher education and to make it more affordable for New Jersey students to stay home for college.

It will also take a new look at the possible restructuring of the University of Medicine and Dentistry of New Jersey, Rutgers and NJIT — a proposal that failed in two previous administrations, but one supporters believe has now gained some traction.

Kean, who previously endorsed a merger, today said “I’m going to take another hard look at it.”

“This is a commission with an open mind,” he said. “It’s only one aspect of a huge, broad mandate.”

Christie echoed that view and said he’s also open to revising recommendations for higher education in his proposed state budget. Plans call for a cap on tuition increases and $173 million in aid cuts. Several of the financial aid and scholarship programs would also be cut or eliminated, while Thomas Edison State College would be merged into Rutgers.

“This is not a commission that is a result in search of a rationale,” Christie said.

N.J. education chief proposes sweeping school reform, urges NJEA cooperation

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Schundler says teachers' tenure, layoffs should be tied to how well their students perform

bret-schundler-education.JPGBret Schundler testifies before the Senate Judiciary Committee during his confirmation hearing for Commissioner of Education in this file photo. TRENTON — With $400 million in federal funding up for grabs, Gov. Chris Christie’s administration unveiled a sweeping plan today to overhaul the state’s education system and pay teachers based on how their students perform in the classroom.

The proposal — which would fundamentally change how students, teachers and school districts are evaluated — was met with immediate skepticism from leaders of the state’s powerful teachers’ union, who questioned whether it would force educators to "teach to the test" to keep their jobs.

The overhaul plan will be included in New Jersey’s new application for Race to the Top, a federal grant program the Obama administration is using to reward states for school reforms. New Jersey could get up to $400 million if selected.


"We stand shoulder to shoulder with the president on this," Gov. Chris Christie said. "This is an incredibly special moment in American history, where you have Republicans in New Jersey agreeing with a Democratic president on how to get reform."

Christie said adopting the proposed changes are "very necessary" to get the much-needed federal funding for the cash-strapped state. But it was unclear if the governor can get the reforms through the Democrat-controlled Legislature.

The New Jersey Education Association, the state’s largest teachers’ union, said it has doubts about the proposal. The plan is "terrible policy" that relies too heavily on standardized test scores, NJEA spokesman Steve Wollmer said.

"If someone said to you, ‘Your job is dependent on raising student test scores,’ what are you going to spend your time doing?," Wollmer said. "They will have to teach to the test all of the time."

New Jersey’s first attempt or Race to the Top money was rejected in March. The NJEA was accused of dooming the state’s chances by refusing to endorse the application. Wollmer said the NJEA has not decided whether to reject this application too. "I don’t think we’ve gotten to that point yet," he said.

The reforms unveiled today call for a new statewide computer system to track how each student in the state is doing every quarter. That data would be used to make decisions about everything from teacher pay to layoffs, state officials said.

Teachers would also have to wait five years, instead of three, to get tenure under the proposal. The state would also start a "bonus pool" to reward teachers who work in the state’s lowest-performing districts and allow the best-performing teachers to open their own schools.

"It is our responsibility to implement these kinds of reforms," said Education Commissioner Bret Schundler, who unveiled the plan. "It is what is morally right and it will bring dramatic improvements in the education system to the benefit of all children."

However, Schundler said many details — including the cost of the new statewide computer system — have not been worked out.

Schundler said his first step will be to ask the Legislature to approve a simple measure stating that New Jersey will use "student learning as the primary yardstick" for measuring teachers. He hopes legislation will be introduced the week of May 17 and approved before June 1, the day the Race to the Top application is due.

Asked if he thought the Legislature could work that quickly, Schundler said: "You might say it’s a long shot. I’d say, is it worth it for $400 million?"

Other proposed changes include:

• Establishing a "teacher performance index" to evaluate teachers and school leaders. Students’ performance in the classroom will count for at least 51 percent of their teachers’ evaluations.

• Giving bonuses to teachers willing to work in classrooms with "a high proportion of at risk students."

• Making layoff decisions based on teacher job evaluations, not seniority.

• Simplifying the system for closing failing schools, opening charter schools and creating small, teacher-led Achievement Academies within school districts.

• Overhauling the teacher credential system so more out-of-state candidates will be able to apply for open jobs.

Officials from all of the state’s nearly 600 school districts were invited to discuss details of the proposal with Schundler on Monday at the War Memorial in Trenton. As of today, 389 people had agreed to attend, the state Department of Education said.

The initial reaction from education leaders was mixed.

"These are very innovative proposals. They have a lot of potential. We have to see how they will be implemented," said Frank Belluscio, spokesman for the New Jersey School Boards Association.

Jim O’Neill, superintendent of the School District of the Chathams, was skeptical Christie would be able to implement any reforms after publicly feuding with the teachers union for months.

"I think it’s a little naive to think you can attack teachers for three months and turn around and expect them to partner with you." O’Neill said.

Staff writers Kristen Alloway and Claire Heininger contributed to this report.

Gov. Christie faces a week of criticism after aggressive first months in office

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Governor deals with fallout from Supreme Court nomination, strike down of executive order

nj-supreme-court-anne-patterson-2.JPGLawyer Anne Murray Patterson was nominated to the N.J. Supreme Court by Gov. Chris Christie during a press conference at the Statehouse in Trenton. Christie faced much criticism for the decision. TRENTON — After beginning his term with a burst of executive power, Gov. Chris Christie found rebukes around every corner this week, culminating with today’s court ruling striking down his executive order limiting political donations by public worker unions.

A three-judge appeals panel said Christie overstepped his bounds when he broadened campaign finance rules restricting businesses to include labor unions that have contracts with the state.

The court said unions are distinct from other "business entities," and Christie’s executive order is not "of the same species" as previous governors’ efforts cracking down on "pay-to-play," the controversial practice of awarding big government contracts to campaign contributors. Current law bans "business entities," such as law and engineering firms, that have state contracts worth more than $17,500 from donating more than $300 to statewide campaigns.

"We are not, by any means, concluding that what the Governor seeks to accomplish is illegal, impossible, or unwise public policy," the unanimous decision said. "We simply hold that what (the executive order) seeks to achieve must be pursued through legislation."

The ruling, days after Chief Justice Stuart Rabner and Senate President Stephen Sweeney (D-Gloucester) criticized Christie’s unprecedented decision to replace a sitting Supreme Court justice, gave the governor’s foes new occasion to remind him of his limits.

"We hope that the court’s clear and unambiguous rebuke of Gov. Christie’s overreach in this matter will serve as a reminder to the governor that he is not above the law," said Barbara Keshishian, president of the New Jersey Education Assocation. While unhappy with the decision, Christie said he did not see it as "any kind of personal rebuke, or rebuke to the office." He cited pieces of the decision upholding the governor’s power to issue executive orders in other instances, such as declaring a state of emergency. He has signed 26 executive orders.

"When you are going to govern aggressively to try to bring about change to a system that I think needs to be changed significantly... there are going to be times you’re going to swing and hit, and there are times you’re going to swing and miss," Christie said today.

The governor, a Republican opposed by public worker unions in last year’s election, said he is not giving up on limiting union donations to "level the playing field" with other donors. He said he is considering appealing the decision, proposing legislation, or rewriting the executive order.

Bucking tradition on the perceived independence of the Supreme Court is more problematic for Christie than today’s ruling, legal and political experts said. They said it is rare for New Jersey courts to strike down an executive order, but he has little to lose by pushing the envelope because separation of powers can vary from case to case.

"It’s very difficult to really draw any kind of clear line," said Robert Williams, a constitutional law professor at Rutgers School of Law. "It was inevitable that people would challenge what he’s done — not necessarily inevitable that they would win...This is the most powerful governor in the United States, but there are limits."

Gov. Christie to propose permanent caps on salary raises for public workers

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Package of legislation includes 33 bills, must be approved by legislature

chris-christie-mayors-luncheon.JPGNew Jersey Gov. Chris Christie speaks to the Conference of Mayors Annual Luncheon Meeting. The meeting was held at the Borgota in Atlantic City. TRENTON — Gov. Chris Christie will propose on Monday a permanent 2.5 percent limit on annual raises for public workers, including police, firefighters and teachers, and will allow towns to discard civil service rules governing employee hiring and firing.

The 33-bill package of legislation marks the Republican governor’s most audacious move yet against the state’s public employee unions since it strikes at the heart of time-honored-practices — the power to bargain for substantial raises for workers and the assurance they are covered by civil service protections. At the same time, the administration argues, those curbs on union power would give towns, school boards and public colleges new leverage to control costs.

And the changes, described in administration briefing details and draft legislation obtained by The Star-Ledger, could pave the way for more radical steps. Christie will also direct top administration officials to study reforms including raising the retirement age to 65 from 62, increasing employee contributions to their health benefits and pensions, keeping new hires out of the state pension system, and cutting back cost-of-living increases for the pensions of current and future retirees.

"People in New Jersey now feel as if there have become two classes of people in New Jersey: Public employees who receive rich benefits, and those who pay for them," Christie said in a recent speech to mayors. "We collectively have to do something about it."

Union leaders today criticized the proposals as a power grab by a governor who disrespects organized labor, and doubted the changes would save the state much money.

"It looks like an illegal attack on the constitutional rights of public employees disguised as reform," said Carla Katz, a former labor leader who is now an attorney representing the state Firemen’s Mutual Benevolent Association and several other public worker unions.

The legislation to be introduced tomorrow includes:

• A constitutional 2.5 percent cap on the annual increases in municipal, school and county property tax levies. The only exceptions would be for debt service payments, or if local residents vote to override the cap.

• A 2.5 percent limit on the annual increases of employee contracts — including wages, health benefits, vacation time and other perks — for all local workers including police, firefighters and teachers. That would include contract awards made through the binding arbitration process for police and firefighters. School boards also could invoke a "last, best offer" if negotiations with a local teachers union reached an impasse.

• Allowing towns to opt-out of the civil service system through an ordinance or a petition by 15 percent of the voters. Civil service protections — including "bumping," when newer employees lose their jobs before their more senior colleagues — also would not apply to furloughed employees or those laid off because of shared services agreements.

• Limiting the amount of unused sick leave that current employees can cash out at $15,000, and only allowing them to carry over unused vacation time for one year. That mirrors changes Christie signed in March for future hires, although current workers who have already accumulated more than $15,000 could still keep it.

• Making union leaders on an extended leave of absence from their normal job duties, as well as employees of advocacy groups like the state League of Municipalities and New Jersey School Boards Association, ineligible to enroll in the state pension system.

• Moving school board elections from April to November.

Christie says the changes will give local governments the "tools" to hold down New Jersey’s highest-in-the-nation property taxes even as they cope with his proposed cuts in state aid. Christie’s $29.3 billion budget would slice aid to school districts by $820 million and to towns by $446 million.

The salary, benefit and collective bargaining changes, long sought by towns and school boards, represent "a big piece of the puzzle" of providing property tax relief, said William Dressel, executive director of the League of Municipalities.

"That is unprecedented, and that is huge, given the fiscal realities of the day," Dressel said.

The suggested changes will have to be approved by the Democratic-controlled Legislature. Democrats have said recently they support the concept of a "tool kit" for local governments but disagree with some of Christie’s ideas.

"We’re going to work with him. We’re going to provide him a tool kit, as he says, for these communities," Senate President Stephen Sweeney (D-Gloucester) said last week. "It’s not necessarily going to be exactly what he says."

Sweeney said he favors civil service reform and arbitration reform, but believes the constitutional 2.5 percent property tax cap goes too far. He said closing some loopholes in the current 4 percent cap would continue a trajectory that brought average annual increases to 3.3 percent in 2009, from the 7 percent range several years ago. And wealthier towns would be more likely to vote to exceed the limit when they demand more services, he said. "Communities that have money override the cap. The middle class and the poor don’t. So the divide between the two becomes greater," Sweeney said.

Union leaders said allowing towns to opt-out of civil service would open the system to more hiring decisions based on patronage.

"Layoffs will be entirely based upon an effort to throw out your political opponent and put in your political friend," said Hetty Rosenstein, area director for the Communications Workers of America, the largest state workers union. "In municipal government, or county government, every single layoff will be subject to political patronage and corruption."

By Claire Heininger/Staff Writer and Matt Friedman/Staff Writer

State workers protest pension bills and budget cuts
Union workers disapprove of NJ state pension changes

Friends, colleagues say both Wallace and Patterson are qualified for N.J. Supreme Court

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They say two good people are being dragged into political firestorm

christie-patterson-nj-supreme-court-2.JPGAnne Murray Patterson speaks after Governor Chris Christie announces her nomination to become an associate justice of the New Jersey Supreme Court at the Statehouse.TRENTON — Though both have spent decades in New Jersey’s legal world, John Wallace and Anne Patterson rarely crossed paths.

Wallace was a star high school athlete from South Jersey who spent almost two decades as a judge before being elevated to the state Supreme Court. Patterson is a top lawyer at a prominent North Jersey law firm who made her mark defending corporations from lawsuits. In 27 years as a lawyer, Patterson argued only one case before Wallace.

Last week, their lives suddenly intersected when Gov. Chris Christie announced he wanted to replace Wallace with Patterson. It ignited a fierce debate over the future of the Supreme Court, and angry Senate Democrats with the power to confirm or reject the governor’s nominees said they won’t grant Patterson a hearing.

People who know Patterson and Wallace say they are so well-qualified that in a less volatile time, the two could have easily sat on the court together — as intelligent, balanced, noncontroversial practitioners of the law.

Instead, their friends and observers say, two good people are being dragged into a political firestorm through no fault of their own. And both may end up distinguished by unwanted asterisks: Wallace the first sitting justice not renominated in the state’s modern era; Patterson the first nominee who may never even be considered for confirmation by the state Senate.

"They’re both wonderful people. And they’re both scarred by this fight," said former governor Brendan Byrne. "They’re two people with spotless reputations who are losing something."

Standing next to Christie at Monday’s Statehouse news conference, Patterson described her nomination to the Supreme Court as "the highest professional honor that I can imagine." A Trenton native who grew up in Princeton, Patterson graduated from Dartmouth College and went from Cornell Law School to a top New Jersey law firm: Riker Danzig in Morristown.

Leaders of the storied firm — which produced Marie Garibaldi, the court’s first female justice, and accepted former justices Stewart Pollock and Sidney Schreiber after they left the bench — said Patterson quickly stood out.

"The seniors know right away who are the lawyers that are really clicking," said John Sheridan, a former partner. "She was tagged as a star right from the get-go."

Sheridan said Patterson would sometimes talk about one day becoming a judge. She was briefly considered for the top court by the Corzine administration in 2006 when the Democratic governor nominated Republican Helen Hoens.

In 1989, Patterson left the firm for a short time to work at the Attorney General’s Office under her mentor Peter Perretti, and argued cases before the Supreme Court. "She was already a polished advocate," said Pollock, a justice at the time.

A dog lover who enjoys cross-country skiing and hiking, Patterson, 51, is deeply involved in New Jersey’s legal world. She’s married to another lawyer, James Patterson, and chairs a committee at the New Jersey Defense Association.

Lawyer set straight

J. Garfield DeMarco, a former businessman and Burlington County Republican official, said when Patterson represented him in a dispute with his brother, the other lawyer tried to get chummy, calling her "sweetie" and "honey" and "dear."

"She set him straight very quickly," DeMarco said. He said after the case ended and Patterson won, the opposing attorney told her, "I hope I never see you again."

At Riker Danzig, Patterson handled corporate litigation and defended against product liability lawsuits.

She successfully argued the manufacturer of an AIDS test was not responsible for a woman who contracted the virus from a blood transfusion. She represented malls trying to prevent activists from distributing leaflets inside the shopping centers. She helped Castrol win a false advertising claim in federal court after rival Pennzoil ran TV ads featuring Brett Favre. She represented Republican politicians who got former representative Bob Franks on the ballot to oppose Bret Schundler in the 2001 GOP gubernatorial primary.

A Republican, Patterson has donated $23,680 to the GOP — including many moderate candidates — and $2,000 to Democrats since 1993.

Christie said his decision to replace Wallace with Patterson is part of a plan to remove judicial activists from the Supreme Court. But legal experts say while her record as a lawyer can show her competence, it’s not a gauge of what kind of judge she’d make. "You can’t really predict what someone is going to be like once they get on the court," Pollock said. "It’s amazing how much you learn not only about the law, but the legal system and yourself."

There are some hints. People who know Patterson describe her as not only intelligent but very persuasive and outgoing.

"By pure intellect and personality, she’ll be a dominant force," Sheridan said.

Hard to categorize

DeMarco said her ideology can’t be neatly placed in a box.

"Anne is a very clear-thinking person," he said. "I think it’s going to be difficult to categorize her."

Seven years ago at his confirmation hearing, Wallace also declined to be categorized.

"I look at the issues. I look at the constitution. I look at the legislation," he told senators. "I apply law to the facts."

Christie, however, said Wallace, a Democrat, helped steer the court into judicial activism and replacing him is "a fulfillment of my promise to turn the court away from its history of using legal precedent to set social and tax policies." When asked which specific cases show Wallace to be an activist, Christie did not cite examples.

Wallace’s supporters say the justice, the court’s lone African-American whose term ends May 20, is being unfairly ousted after a sterling career. Legal experts describe him as a moderate firmly in the court’s mainstream. In the decision creating civil unions criticized by some conservatives, he agreed that gay couples deserve marriage rights but stopped short of requiring gay marriage. When the court determined e-mails between Gov. Jon Corzine and former union leader Carla Katz could be kept secret — a decision blasted by Republicans — Wallace did not participate in the case.

Attorney Alan Zegas, who reviews Wallace’s criminal law opinions for the New Jersey Law Journal, said Wallace is consistently thoughtful.

Of the 83 opinions he wrote for the majority, Zegas cites two examples of Wallace’s moderate standing: One, in February, when he said school administrators need only a reasonable suspicion to search a student’s car on school grounds, and another, six years ago, ruling against police who stopped and searched a suspect with a cigarette pack being used to transport drugs.

"You cannot predict what he will do," Zegas said. "To say he has taken the court in a certain direction reflects an ignorance of his body of work."

Today, Wallace supporters describe his rise to the court in almost tragic terms. Senate President Stephen Sweeney (D-Gloucester) says Wallace is a man "who has played by the rules his whole life." Because Christie is seeking to replace Wallace, a black justice, with a white lawyer, some African-American groups have called it a "slap in the face."

The youngest of four children, Wallace would sometimes help out his father at his family’s dry cleaning business. He played quarterback, second base and point guard at Pitman High School.

He graduated from the University of Delaware (Christie’s alma mater), then Harvard Law School. He married his teenage sweetheart and they have five children together. The family is involved in Democratic politics: his wife, Barbara, and his youngest son, Michael, worked for Corzine.

Wallace, 68, spent most of his legal career in judge’s robes: eight years as a Superior Court judge, 11 in the Appellate Division and seven on the Supreme Court. He’s been a Little League coach for four decades and a volunteer football coach for two. "Everything I know about him is that he has served ably, honorably and with distinction," Pollock said.

nj-supreme-court-john-wallace.JPGN.J. Gov. Chris Christie announced Monday that he would not reappoint Supreme Court Justice John E. Wallace, Jr. for lifetime tenure on the state's highest court. Christie nominated lawyer Anne Murray Patterson to the Supreme Court.
Getting the news

On Monday, Christie went to Wallace’s office at the Richard J. Hughes Justice Complex in Trenton to tell him he won’t be renominated after serving seven years on the court.

Granting Wallace "lifetime" tenure would have allowed him to stay on the bench until he hit the mandatory retirement age of 70 on March 13, 2012. Sweeney said the denial of another term so angered Democrats that the Senate Judiciary Committee won’t hold any confirmation hearings before that 2012 retirement date.

Christie said he has nothing against Wallace personally, but said dropping him is a necessary step in his campaign to change the Supreme Court. Senate Democrats led by Sweeney have said similar things about Patterson — it’s not about blocking her, it’s about blocking Christie’s assault on judicial independence, they say.

Neither Wallace nor Patterson, both at the center of the storm, would comment. For now, they can only watch as politicians fight over the court’s future.

"It happens with judges a lot of the time. They’re caught in the middle," Byrne said. "They shouldn’t be in a fight."

Staff Writers Lisa Fleisher and Josh Margolin contributed to this report.

N.J. auto repair shops steamed after buying expensive equipment as state dumps inspection rule

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Facing multibillion-dollar deficit, N.J. officials say they cannot justify paying $12M a year for mechanical inspections

inspection-auto-repair.JPGMechanic Matt Fila conducts an emissions inspection at Interstate Car Care in Hackettstown. The old system can be seen in the floor of the shop as Fila works with the new computerized system. Auto repair shops are steamed that they had to install the expensive equipment a month ago -- only to learn the state is eliminating motor vehicle inspections for mechanical defects beginning July 1
TRENTON -- If state officials did an inspection of New Jersey’s automotive repair shops, they would find overheating, blown gaskets and short fuses.

And that’s just the shop owners.

The operators are steamed that they had to install expensive equipment a month ago — only to learn the state is eliminating motor vehicle inspections for mechanical defects beginning July 1.

Many repair shops are certified state inspection stations that also provide emissions testing for vehicles. The owners say mechanical repairs are their bread and butter because drivers whose vehicles fail inspection tend to have repairs done at their shops.

Had they known the mechanical inspections would be dropped, the owners say, they would have never spent $12,000 on emissions equipment and training to remain an inspection station.

"They went and sold us this machine, and now they pulled the rug out from underneath us — that isn’t fair," said Bob Herburger, manager of Advantage Auto Repair in Randolph. "Had all your garages had the information they have now, how many would actually have bought the machine and stayed on board? Because I know we wouldn’t have."

State officials say phasing out the mechanical inspections will save nearly $12 million a year and make New Jersey one of 30 states that don’t perform them. Neighboring New York and Pennsylvania still do them.

Repair shop operators in business more than a decade still haven’t forgotten spending $70,000 for emissions machinery in 1999 — including a dynamometer with tire rollers to simulate driving conditions — that ended up being obsolete only a few years later.

"They just keep changing their minds," said Abbot Affaf, who owns a pair of Good Guys Garage locations in Dover.

With the state facing a multibillion-dollar deficit, officials say they can no longer justify paying $12 million a year for the mechanical inspections. It’s a program that results in a rejection rate of less than 6 percent for "serious" defects — such as those related to brakes, steering or suspension. The overall re-inspection rate is nearly 17 percent.

In addition, there has been no conclusive evidence that eliminating mechanical inspections would lead to more traffic accidents, Motor Vehicle Commission chief administrator Raymond Martinez said.

Federal mandates still require vehicles to be tested for emissions. But instead of vehicles 4 years old or newer being exempt from emissions testing, the exemption will be extended to vehicles 5 years old or newer, a move expected to save about $5.9 million. Vehicles older than 5 would still have to be tested for emissions every two years.

MVC spokesman Mike Horan said he understood the complaints of repair shop operators, but given the state’s budget climate, hard choices had to be made.

"When you look at the facts, it’s not backing up that these mechanical inspections are worth the nearly $12 million we’re putting out there," he said.

Horan also said the new emissions equipment, which could be bought for as low as $8,500, allows more shops to become inspection stations.

Aside from the loss of business, repair shop operators said they fear for the safety of vehicles in America’s most congested state. As long as a vehicle passes the emissions test, the shop owners say, they will have to green-light it, regardless of its physical condition.

"You come in with broken windows all over the place, you come in with your side mirrors knocked off," said Steven Seidor, co-owner of Advantage Auto Repair and also of Interstate Car Care in Hackettstown. "You come in with no taillights, no tie rods, no rack, no brakes, nothing. You roll this thing in here on its last wing and a prayer, putting, smoking, dying. As long as the ‘check engine’ light is not on, I’ve got to put a sticker on there."

Seidor said he is not confident all drivers will be vigilant about self-policing their vehicles. When some customers are shown their dirty air filter, they ask: "Can’t you just blow it out or something?" They don’t realize that would only blow the grease to the outside of the filter.

The state conducts more than 1.92 million initial inspections a year and pays for all of them. Drivers pay only if they fail the inspections and have to get repairs done.

Mike Frassinelli may be reached at mfrassinelli@starledger.com or (973) 392-1559.

N.J. Democrats, Gov. Chris Christie are slated to make budget announcements

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At competing news conferences 30 minutes apart, Christie will propose sweeping public employment changes while Democrats make 'major announcement' on state budget

nj-christie-oliver-sweeney-budget.jpgN.J. Gov. Chris Christie, left, is expected to unveil sweeping public employment reforms today at a noon news conference just 30 minutes after a scheduled 'major announcement' on the state budget by N.J. Democratic leaders Assembly Speaker Sheila Oliver, center, and Senate President Stephen Sweeney, right.

TRENTON -- New Jersey Democratic leaders have scheduled an 11:30 a.m. news conference today for "a major announcement on the proposed state budget" on the same day Gov. Chris Christie is expected to unveil sweeping changes for public employment, including a 2.5 percent cap on annual raises.

The Star-Ledger obtained an administrative briefing of Christie's 33-bill legislative package, which could allow towns to discard civil service rules for employee hiring and firing. Christie is expected to unveil the proposal at noon.

Details for the Democrats' budget announcement today were not provided. The meeting will be led by Senate President Stephen Sweeney (D-Gloucester) and Assembly Speaker Sheila Oliver (D-Essex).

Sweeney has said that while he supports civil service reform, the proposals detailed in Christie's administrative briefing go to far.

"We’re going to work with him," Sweeney said last week. "It’s not necessarily going to be exactly what he says."

The legislation Christie is expected to introduce today includes:

• A constitutional 2.5 percent cap on the annual increases in municipal, school and county property tax levies. The only exceptions would be for debt service payments, or if local residents vote to override the cap.

• A 2.5 percent limit on the annual increases of employee contracts — including wages, health benefits, vacation time and other perks — for all local workers including police, firefighters and teachers. That would include contract awards made through the binding arbitration process for police and firefighters. School boards also could invoke a "last, best offer" if negotiations with a local teachers union reached an impasse.

• Allowing towns to opt-out of the civil service system through an ordinance or a petition by 15 percent of the voters. Civil service protections — including "bumping," when newer employees lose their jobs before their more senior colleagues — also would not apply to furloughed employees or those laid off because of shared services agreements.

• Limiting the amount of unused sick leave that current employees can cash out at $15,000, and only allowing them to carry over unused vacation time for one year. That mirrors changes Christie signed in March for future hires, although current workers who have already accumulated more than $15,000 could still keep it.

• Making union leaders on an extended leave of absence from their normal job duties, as well as employees of advocacy groups like the state League of Municipalities and New Jersey School Boards Association, ineligible to enroll in the state pension system.

• Moving school board elections from April to November.

State workers protest pension bills and budget cuts
Union workers disapprove of NJ state pension changes

N.J. corruption trial for ex-Assemblyman Van Pelt resumes with FBI informant

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Secret video camera captures assemblyman Van Pelt accepting an envelope of cash OCEAN COUNTY — The government's star witness in the federal corruption trial of former New Jersey Assemblyman Daniel Van Pelt is expected to face more cross-examination today. Solomon Dwek is scheduled to return to the witness stand for a third day to continue his cross-examination. Dwek, a government...

Secret video camera captures assemblyman Van Pelt accepting an envelope of cash

OCEAN COUNTY — The government's star witness in the federal corruption trial of former New Jersey Assemblyman Daniel Van Pelt is expected to face more cross-examination today.

Solomon Dwek is scheduled to return to the witness stand for a third day to continue his cross-examination. Dwek, a government witness in a massive federal corruption and money laundering sting, testified on Thursday he gave a $10,000 bribe to Van Pelt after dinner at Morton's Steakhouse in Atlantic City on Feb. 21, 2009, to smooth the way for permit approvals on a supposed development project in Ocean Township, Ocean County.

Van Pelt's attorneys have contended the ex-lawmaker was starting a new career as a development consultant and accepted the money as a fee for his services. They argued Van Pelt, 44, did not need to smooth the process because the land that interested Dwek was part of a 200-acre parcel given special designation from the state to streamline permitting.

Charged with bribery and extortion, Van Pelt served as mayor of Ocean Township from 1998 to 2005 and spent another three years as a committeman there. He was elected to the state Assembly in 2007 and resigned a week after he was arrested in July 2009.


Previous coverage:

Jurors watch secret recordings of federal informant allegedly passing $10K bribe to ex-assemblyman Van Pelt

Full coverage of the New Jersey corruption probe

Jury hears secret recordings of ex-assemblyman Van Pelt, Dwek in N.J. corruption trial

Solomon Dwek returns to witness stand in Ocean County corruption trial

FBI informant details an alleged bribe in corruption trial of former Ocean County assemblyman

Corruption trial opens for former N.J. Assemblyman Daniel Van Pelt

Trial to begin for Ocean County official accused in massive N.J. corruption probe

daniel-van-pelt.jpgHidden camera video footage shows Van Pelt accepting an envelope of cash that a government witness said was a bribe, according to court testimony.

N.J. Democrats propose tax hike on those making more than $1M

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UPDATE: Gov. Chris Christie responds, accusing Democrats of trying to 'pander' to senior citizens

N.J. Democrats call for millionaires to contribute to 'shared sacrifice' in tax hike proposal
TRENTON --Top Democratic lawmakers today proposed raising taxes on so-called true millionaires -- those making more than $1 million a year -- to pay for restored senior property tax rebates and prescription drug benefits.

Democratic legislators, led during a Statehouse news conference by Senate President Stephen Sweeney (D-Gloucester) and Assembly Speaker Sheila Oliver (D-Essex), said the tax increase would apply to about 16,000 New Jersey residents.

"When the governor talks about shared sacrifice I think we all get it, and we all agree," said Sweeney. "But shared sacrifice means 100 percent of us share in the sacrifice, not 99 percent."

The plan challenged Republican Gov. Chris Christie's pledge against raising taxes in the budget for the fiscal year that starts in July. Christie has argued that a repeat of last year's income tax surcharge -- which affected those with incomes over $400,000 -- would hurt small business owners and slow economic growth.

Christie immediately rejected the Democrats' proposal, accusing them of trying to "pander" to senior citizens with a one-year fix that will harm the state's broader economy. He repeated his vow to veto any tax increase, and characterized the dispute as a "philosophical difference" between himself and foes who want a bigger government.

The governor questioned how lawmakers proposed to raise the same amount of revenue from 16,000 taxpayers that had previously been raised from 63,000 people.

"It's a cute idea, but their math doesn't work," Christie said.

He spoke at a news conference where he introduced a 33-bill package of reforms, including a constitutional amendment capping property tax hikes at 2.5 percent. The only exceptions would be for towns' debt service or if local voters decide to override the cap. Contract awards for public workers like police, firefighters and teachers -- including salaries, health benefits, vacation time and other perks -- also could not increase by more than 2.5 percent a year.

Those changes -- which would require legislative approval -- would truly make a difference for senior citizens who want an affordable state, Christie said.

Democrats said the tax would generate more than $620 million, enough to pay to maintain last year's level of senior rebates and put back prescription drug funding Christie would eliminate. Christie has proposed raising the co-pay for brand-name prescription drugs from $7 to $15, as well as charging a new $310 annual deductible.

"A tax on less than a half percent of the taxpaying New Jerseyans is not a broad-based tax," said Senate Majority Leader Barbara Buono (D-Middlesex). "The governor's refusal to agree to reinstate the millionaire's tax will guarantee that more seniors and the disabled - that thousands of seniors and the disabled - will edge over into poverty. That is perverse logic."

Lawmakers and the governor must approve a budget before July 1. Christie in March proposed a painful $29.3 billion budget that made cuts across almost every aspect of government, including a 75 percent cut to the popular property tax rebate program as well as converting the checks into credits on residents' bills.

Democrats, who have majorities in both houses of the Legislature, say the governor's cuts spared the wealthiest residents.

By Lisa Fleisher and Claire Heininger/Statehouse Bureau

Matt Friedman contributed to this report


Related coverage:

Gov. Christie to propose permanent caps on salary raises for public workers

N.J. Gov. Chris Christie pushes property tax cap, public benefits changes after schools vote

N.J. Gov. Chris Christie signs pension, benefits changes for state employees

N.J. Assembly introduces pension reform bills to reduce state worker benefits

N.J. Assembly pressured by Gov. Christie, unions on pension, benefit reforms

N.J. Senate proposes pension reform package abandoned by Corzine


Christie rejects Democrats' rich tax proposal, calls it a 'one-year fix'

sweeney-senate.jpgSenate President Stephen Sweeney (D-Gloucester) during a press conference at the State House this afternoon where he announced the legislature will be introducing a bill to tax residents making over $1 million a year.

Gov. Chris Christie proposes 2.5 percent annual property tax cap in 33-bill package

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Christie portrayed his reforms as a contrast to Democrats' budget priorities -- Read Democrats' dueling tax plan

chris-christie-33-bill-package.jpgGovernor Chris Christie holds up a set of 33 bills at the State House this afternoon he called "Cap 2.5" putting a cap on property tax increases and state spending at 2 and 1/2 percent.

TRENTON -- TRENTON -- Gov. Chris Christie today proposed a series of reforms he said would give New Jerseyans more control over their own property taxes and local governments more tools to cut costs.

The 33-bill package is anchored by a constitutional amendment that would limit annual property tax hikes to 2.5 percent, except when local voters decide to override it.

Contract awards for public workers like police, firefighters and teachers -- including salaries, health benefits, vacation time and other perks -- also could not increase by more than 2.5 percent a year. Christie also wants to allow towns to opt out of civil service rules governing hiring and firing, place a $15,000 cap on unused sick leave for current public workers, and move school board elections from April to November.

The constitutional 2.5 percent property tax cap, modeled after a similar system in Massachusetts, would replace the current 4 percent cap law that Christie says has too many exceptions. Top Democrats who control the Legislature note that the current cap has helped bring annual increases to an average of 3.3 percent last year, down from the 7 percent range earlier this decade. They say wealthy towns would more often vote to override the new cap when they demand more services, exacerbating the divide between rich and poor.

At an animated news conference shortly after top lawmakers said they want to increase taxes on millionaires to help pay for programs for senior citizens, Christie portrayed his reforms as a contrast with Democrats' budget priorities.

"The people of New Jersey need to decide -- do they want to know for sure that their property taxes will increase no more than 2.5 percent a year, or do they want to engage in the game of Trenton roulette, where the amount of their increase depends on which slot the ball falls in, which special interest is going to be catered to, which tax they want to increase that particular year?" the Republican governor said. "I don't think the people of this state want roulette anymore."

He said the bills would "get at the root cause" of New Jersey's highest-in-the-nation property taxes.

Christie's proposals would require legislative approval. But Democrats were noncommittal today, saying they have not had enough time to examine the reforms.

"We have to do a complete analysis of the implication of these bills, and it is our position in the Assembly that we are not going to hastily react to a package of bills dropped on us during a period when we are examining other things with severe implication for all levels of government," said Assembly Speaker Sheila Oliver (D-Essex).

Senate President Stephen Sweeney (D-Gloucester) accused Christie of diverting attention from the budget by putting other issues out front, such as teacher salaries, state Supreme Court justices and now the municipal worker reforms.

"When people really start looking at the budget, they're not going to be real happy," he said. "He's done a real good job of keeping people away from paying attention to it."

Leaders of public worker unions said Christie's reforms would undermine employee rights and result in hiring decisions based on political patronage. They said they doubted voters would choose to override a property tax cap to pay for services, even emergency protection.

"If you're given a choice of whether you want to pay more or pay less, you're absolutely going to pay less," said Edward Brannigan, president of the the New Jersey Fraternal Order of Police, which represents 17,000 officers in about 200 municipalities. "We hope the Legislature is going to stand up to the governor and his strong-armed approach."

By Claire Heininger and Lisa Fleisher/Statehouse Bureau


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Christie rejects Democrats' rich tax proposal, calls it a 'one-year fix'

Federal pollution fines worth $1.5M to fund N.J. shore projects

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ATLANTIC CITY — The federal government is handing out more than $1.5 million from pollution fines assessed against shipping companies that will fund 19 ocean or shoreline projects in New Jersey. The U.S. Attorney's Office and the Coast Guard announced the funding today, saying it came from fines against a trio of shipping companies that pleaded guilty to violating...

sandy-hook-beach.jpgStudents walk around looking to pick up trash on the beach in Sandy Hook in March 2004.
ATLANTIC CITY — The federal government is handing out more than $1.5 million from pollution fines assessed against shipping companies that will fund 19 ocean or shoreline projects in New Jersey.

The U.S. Attorney's Office and the Coast Guard announced the funding today, saying it came from fines against a trio of shipping companies that pleaded guilty to violating a federal law against intentionally discharging oil, sludge or bilge water into the ocean.

The money will go for removing 170 tons of marine trash, restoring wetlands, removing rotting piers, and conserving bird, fish and shellfish populations.

"The intentional discharge of oil from vessels releases millions of gallons of oil into navigable waters," said U.S. Attorney Paul Fishman. "It is particularly gratifying to be a part of a process that takes money from those who knowingly damage the environment and gives it to those who work to heal it."

The fines were assessed against Clipper Marine Services of Denmark; Holy House Shipping AB of Sweden, and Dalnave Navigation Inc. of Liberia.

The money will fund coastal projects around the state, including removing marine debris from waterways in Great Egg Harbor, the Passaic Valley, Absecon, Sandy Hook, Brigantine and Galloway.

It will help pay for spill response projects for hazmat first responders, water recycling systems at marinas, shorebird conservation programs, habitat restoration programs, and an ecological restoration of Cadwalder Park in Trenton.

It also will fund a dam removal project in Pohatcong and Holland townships in Warren and Hunterdon counties; help re-establish oyster colonies in the Shrewsbury River, and study unintentional catches of river herring by commercial fishing vessels.

"These projects will mitigate the environmental impacts of illegal dumping and bring additional benefits to the fish, wildlife, and communities that were affected," said Capt. Robert O'Brien Jr., commander of the Coast Guard's New York sector.

President Obama nominates Solicitor General Elena Kagan to the U.S. Supreme Court

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Kagan, 50, would be the youngest justice on the court and first justice without judicial experience in nearly 40 years

elena-kagan-supreme-court.JPGSolicitor General of the United States Elena Kagan, in this 2009 file photo.
WASHINGTON — President Barack Obama nominated Solicitor General Elena Kagan to the Supreme Court today, declaring the former Harvard Law School dean "one of the nation's foremost legal minds." She would be the court's youngest justice and give it three female members for the first time.

The nomination to replace liberal retiring Justice John Paul Stevens set the stage for a potentially bruising summertime confirmation battle before the court begins its next session, though mathematically Democrats should be able to prevail in the end.

At 50, Kagan is relatively young for the lifetime post and could help shape the high court's decisions for decades. If confirmed by the Senate, she would become only the fourth female justice in history.

Obama cited what he called Kagan's "openness to a broad array of viewpoints" and her "fair mindedness."

Standing beside the president in the East Room of the White House, Kagan said she was "honored and humbled by this nomination."

"I look forward to working with the Senate in the next stage of this process, and I thank you again, Mr. President, for this honor of a lifetime," she said.

Republicans are expected to criticize her for attempting to bar military recruiters from the Harvard Law campus while she was dean. That issue was used against her by critics during her confirmation hearing last year for her current post.

Democratic officials said Kagan would begin making the rounds of senators' offices on Wednesday.

With control of 59 votes in the Senate, Democrats should be able to win confirmation. However, if all 41 Republicans vote together, they could delay a vote with a filibuster.

Republicans have shown no signs in advance that they would try to prevent a vote on Kagan, but they are certain to grill her in confirmation hearings over her experience, her thin record of legal writings and her decisions at Harvard.

The senator who will preside over her confirmation hearing, Democrat Patrick Leahy of Vermont, said, "The Senate should confirm Ms. Kagan before" Labor Day.

"Our constituents deserve a civil and thoughtful debate on this nomination, followed by an up-or-down vote," said the chairman of the Senate Judiciary Committee.

The Republican Senate leader, Mitch McConnell of Kentucky, said his party would make sure there was a "thorough process, not a rush to judgment" on the nomination.

"Judges must not be a rubber stamp for any administration. Judges must not walk into court with a preconceived idea of who should win," he said, adding that Republicans would have a vigorous debate on that principle.

Alabama Sen. Jeff Sessions, top Republican on the Judiciary Committee that will conduct the confirmation hearing, said the president's timetable for a vote by early August "should be doable." He said Kagan's lack of experience as a judge was a weakness but wouldn't disqualify her.

Sen. James M. Inhofe, R-Okla., said flatly that he would oppose Kagan. He said she had shown "seeming contempt" for the Senate confirmation process and a "lack of impartiality when it comes to those who disagree with her position."

Obama introduced Kagan as "my friend." Kagan and Obama both taught at the University of Chicago Law School in the early 1990s.

"Elena is widely regarded as one of the nation's foremost legal minds. She's an acclaimed legal scholar with a rich understanding of constitutional law. She is a former White House aide, with a life- long commitment to public service and a firm grasp of the nexus and boundaries between our three branches of government," Obama said.

Kagan served in the Clinton White House.

Obama began with high praise for the retiring Stevens, a leader of the court's liberals, calling him "a giant in the law," impartial and having respect for legal precedence.

Kagan "embodies the same excellence, independence and passion for the law," Obama said.

He noted that neither Kagan's mother nor father "lived to see this day, but I think her mother would relish this moment. I think she would relish, as I do, the prospect of three women taking their seat on the nation's highest court for the first time in history ... a court that would be more inclusive, more representative, more reflective of us as a people than ever before."

White House press secretary Robert Gibbs said Kagan would continue to work on cases as solicitor general but would not take on any new ones. He said the administration recognizes that, if confirmed, she will have to recuse herself from cases before the high court on which she has worked. Gibbs said that would probably amount to about a dozen in her first year.

Seven Republicans voted for her confirmation last year as solicitor general.

One of them, Orrin Hatch of Utah, a member of the Judiciary Committee, issued a statement saying his decision this time "will be based on evidence, not blind faith. Her previous confirmation and my support for her in that position do not by themselves establish either her qualifications for the Supreme Court or my obligation to support her."

Kagan would become the only justice who had no prior experience as a judge. The other justices all served previously as federal appeals court judges. She was named to a federal appeals court by President Bill Clinton, but the Senate never brought that nomination to a vote.

That means Kagan has a smaller paper trail than other recent nominees since there are no prior decisions to scrutinize.

But conservatives were already mounting an attack, one they laid the groundwork for when she was mentioned last year as being on Obama's short list for the Supreme Court post last time around.

Obama's White House team was launching its own broad campaign-style outreach to Capitol Hill and the media. That effort is designed to shape the national image of Kagan, an unknown figure to much of America.

Her selection came after nearly a monthlong process of consideration. Obama always had Kagan on his short list but still considered a broader group of candidates, interviewing four.

The president informed Kagan that she would a Supreme Court nominee on Sunday night. He then called the three federal judges he did not choose for the position, Diane Wood, Merrick Garland and Sidney Thomas. He also called the current Harvard Law School dean, Martha Minow.

This morning before the announcement, Obama called Senate leaders of both parties.

Kagan is known as sharp and politically savvy and has enjoyed a blazing legal career. She was the first female dean of Harvard Law School, first woman to serve as the top Supreme Court lawyer for any administration.

Kagan has clerked for Thurgood Marshall, worked for Bill Clinton and earned a stellar reputation as a student, teacher and manager of the elite academic world. Yet she would be the first justice without judicial experience in almost 40 years. The last two were William H. Rehnquist and Lewis F. Powell Jr., both of whom joined the court in 1972.

Supreme Court justices wield enormous power over the daily life of Americans. Any one of them can cast the deciding vote on matters of life and death, individual freedoms and government power. Presidents serve four-year terms; justices have tenure for life.

Democrats went 15 years without a Supreme Court appointment until Obama chose federal appellate judge Sonia Sotomayor last year to succeed retiring Justice David Souter. Just 16 months in office, Obama has a second opportunity with Kagan.

Kagan, who is unmarried, was born in New York City. She holds a bachelor's degree from Princeton, a master's degree from Oxford and a law degree from Harvard.

Before she served as a clerk for Justice Marshall, she clerked for federal Appeals Court Judge Abner Mikva, who later became an important political mentor to Obama in Chicago.

In her current job, Kagan represents the U.S. government and defends acts of Congress before the Supreme Court and decides when to appeal lower court rulings.


NAME — Elena Kagan.

BIRTHDATE-LOCATION — April 28, 1960-New York City.

EXPERIENCE — U.S. solicitor general, 2009-present; dean, Harvard Law School, 2003-09; professor of law, Harvard Law School, 2001; visiting professor, Harvard Law School, 1999-2001; deputy assistant to President Bill Clinton for domestic policy and deputy director of the Domestic Policy Council, 1997-99; associate counsel to President Bill Clinton, 1995-96; professor, University of Chicago Law School, 1991-95; worked in private practice, Washington, 1989-91; law clerk to Supreme Court Justice Thurgood Marshall, 1987-88; clerked for Judge Abner Mikva of the U.S. Court of Appeals for the D.C. Circuit, 1986-87.

EDUCATION — Princeton University, bachelor's, 1981; Worcester College at Oxford, master's, 1983; Harvard Law School, law degree, 1986.

QUOTE — "I like to think that one of the good things about me is that I know what I don't know and that I figure out how to learn it when I need to learn it."


Previous coverage:

U.S. Supreme Court pick Elena Kagan is a graduate from Princeton University

U.S. Supreme Court Justice Stevens announces retirement

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