The Destruction of New Jersey Open Government — The End of Public Transparency and Accountability

Statehouse

The hearing on S4924 (Scutari) was one of the most shameful displays of legislative contempt for the public. It is the worst I have seen in all my years of coming to the State House — 50 years.

The bill itself, gutting the Comptroller’s Office and its powers, is just another step in dismantling public oversight and transparency. There is a war against open government, and it has been going on since about 2010. We have seen rollback after rollback, the gutting and elimination of watchdog agencies, and the erosion of public involvement.

They are not just closing the door on open government — they are bolting it permanently shut.

People are outraged by what’s happening in Washington, but that same abuse of power is happening in Trenton. The Democrats got a mandate in the last election to fight Trump — instead, the Democrats in the Legislature think it’s a mandate to act like Trump.

Government never does the people’s business behind closed doors — whether it’s Trump or “MAGAcrats.” There are consequences for the public. Special interests rule, and the people lose. It leads to waste, mismanagement, dirty deals, even corruption. We pay the price in loss of quality of life and higher taxes.

 

Gutting Oversight and Watchdog Agencies

People and Groups have worked for decades to get reforms in place to make us a leader in open government. Now New Jersey has dismantled many of the very institutions and laws meant to protect the public:

  • The elimination of the Public Advocate in 2010 removed an independent watchdog that fought wrongdoing. The Office of Inspector General was also eliminated.
  • Pay-to-play laws have been repealed at the state and local levels. Contributions from businesses with government contracts are back.
  • ELEC (Election Law Enforcement Commission) has been gutted. Weak leadership, weakened oversight, and looser contribution limits give wealthy donors and party bosses more power than ever.
  • SCI (State Commission of Investigation) has been weakened by vacant seats, leadership gaps, and reduced transparency, with shortened time frames for investigations.
  • Current attempts to abolish or merge the State Comptroller with the SCI would eliminate one of the last real checks on waste and corruption.
  • Attempts to remove State Police oversight from the Attorney General would reduce civilian oversight over one of the most powerful institutions in the state.
  • Eliminating the Waterfront Commission. New Jersey went all the way to the Supreme Court to get rid of the commission — simply because New York objected. The purpose of the commission was to keep organized crime and corruption out of our ports. We’ve gone from On the Waterfront and The Sopranos… to eliminating oversight.

We need more independent agencies watching government — not fewer. This dismantling blocks the press and the public from learning about governmental abuses and allows insiders, special interests, big donors, and politicians to avoid scrutiny.

 

Rolling Back Transparency Laws

  • Daniel’s Law, meant to protect judges and law enforcement, is now used to hide what government officials own — even investment properties and businesses.
  • Ethics disclosure forms are basically blank.
  • OPRA is being gutted, slowing or denying access to government records and weakening the ability of the public and press to hold officials accountable.
  • Pay-to-play politics is entrenched. Ordinary citizens and advocates are cut out. Unless you buy a ticket or a table at a fundraiser, you have very limited access to elected officials. Meanwhile, corporate lobbyists and special interests get guaranteed access.

When government hides what it’s doing, it’s a sign officials are not strong leaders doing the people’s business. Secrecy is a sign of weakness, because you need to hide your actions from your constituents.

Even the basic tools of democracy have been weakened:

  • Laws now make it harder for the public to have referendums: ending automatic referendums on sewer and water privatization, banning referendums on zoning and land use, limiting financial referendums, and banning citizen referendums in Atlantic City.
  • Recalls are far harder:
    • Before: 20% of those who voted when the Assembly was on the ballot.
    • Now: 25% of all registered voters.
    • In Lambertville, turnout is about 1,500 — you used to need about 300 signatures. Now, with 3,300 registered voters, you need around 800 — more than double.

Silencing Public Participation

New Jersey has steadily restricted the public’s ability to speak, assemble, and participate. The purpose is to defuse opposition by preventing people from gathering, testifying, and speaking truth to power.

  • In Trenton and the State House, it is no longer the people’s house — it has been turned into a fortress. Access and movement are restricted. Permits are required even for small gatherings or press conferences. Even four people walking together for a political purpose need a permit, insurance, and prior approval.
  • Advocates and nonprofits can no longer reserve State House rooms for events; only legislators can — and most rooms are off-limits.
  • NJDEP and local boards hide behind Zoom-only hearings, limiting crowds and preventing residents from organizing.
  • Some towns — and even the state — try to limit speakers to residents only, in direct violation of the law.
  • Public comment restrictions are growing. Some towns, like Lambertville, ban residents from addressing individual elected officials. Three-minute limits are now standard.

These changes weaken accountability and silence dissent. They make hearings bland, limit press coverage, and interfere with the people’s right to petition their government.

 

The Cost: Democracy in Decline

People are appalled at what is happening nationally with the destruction of checks and balances, oversight, and accountability — but it’s happening here too. In New Jersey it’s less obvious, but the state continues to chip away at public access, transparency, and oversight.

From banning hallway conversations to shutting down watchdog offices and gutting campaign finance laws, the system tilts toward insiders, donors, and lobbyists.

The public has fewer ways to be heard in their own government. The press has less ability to investigate. And the consequences are everywhere: environmental rollbacks, unnecessary tax breaks, corporate subsidies, privatization, dirty deals, and insider arrangements.

It's Why We are Called the Sopranos State.

In darkness, special interests and corruption thrive.

Democracy dies.

New Jersey was once a national leader in open government and transparency. We passed groundbreaking laws — public financing of elections, the Public Advocate, the Open Public Meetings Act, and OPRA.

We can be that again — but first we have to stop S4924, keep our independent Comptroller, and start rescinding and repealing the rollbacks.

Governor-Elect Sherrill has said she is committed to more accountability and transparency in government. Together, we hope she can start making those changes — and bring back the disinfecting light of sunshine to an open government that works for, and is responsible to, the People.

Jeff Tittel

Long Time Political and Environmental Activist former Director NJ Sierra Club

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