Czar Oversees Sandy Recovery and Use of Billions of Taxpayer Dollars
Decisions Without A Plan, Policy, Transparency, or Public Involvement
Subpoena To Compel Testimony Now Warranted
In another example of the Christie Administration’s arrogance and abuse of Executive power, Gov. Christie’ Rebuild Czar refused a request to testify before a special joint hearing by the Senate and Assembly Environment Committees today in Atlantic City.
The joint Committee’s stated purpose for the hearing was “to hear testimony on the progress of Hurricane Sandy recovery efforts.”
In his introductory remarks, Senate Environment Committee Chair Bob Smith stated that the Committees requested testimony from Ferzan, but that he “not indicated a willingness to come” (sic).
Ferzan oversees the entire NJ Sandy Recovery effort – including NJ’s plans to use the billions in dollars appropriated by Congress. The priorities for and use of those funds involve critical policy decisions that impact thousands of people’s lives, their housing, roads, schools, parks, libraries, and natural environment.
Ferzan’s decisions effect the land use and economic future of the NJ shore.
Ferzan wields huge power because, in addition to controlling the money, he operates as a super Cabinet Official, interjecting in major regulatory, infrastructure and budget decisions made by all State Agencies, including Departments of Community Affairs, Transportation and Environmental Protection. He also acts as liaison to the legislature, local governments, and the private sector.
Ferzan is accountable solely to Governor Christie – meaning that all this power has been consolidated in the Governor.
Ferzan’s “Czar” position, his Office, his role, his responsibilities, and the critical decisions he makes – involving billions of taxpayer dollars and the future of the people and the landscape of the entire NJ shore – have not been authorized by the Legislature.
His deliberations – who he meets with, what he discusses, and the policy and factual bases for his decisions – are exempt from the NJ Open Public Records Act (OPRA) – under the “executive” and “deliberative” privilege exemptions.
He is quite literally a one man government operation with a huge budget and effective legislative, executive and judicial powers.
He operates in an accountability free zone.
This is not democracy or the republican form of representative government established under our State and federal Constitutions.
Emotionally powerful public testimony revealed the implications of this non-transparent, accountability free abuse of power.
Many people, whose lives have been impacted and in some cases destroyed by Sandy, are completely shut out of and have no access to information upon which State government decisions are made or any effective ability to influence those decisions.
Now, with Ferzan’s refusal to testify before the Legislature, our democratically elected Legislators have no effective oversight role either.
This is simply wrong and scandalous.
The Legislature has to assert it’s power – not rely on press stunts and constituent letters as suggested by legislators in response to testimony today about massive policy flaws and government neglect.
Those legislative powers include passing laws that set policy for the Governor to enforce; the power of the purse to provide funds to implement the policy; and the power of oversight to assure that the Governor is implementing the will and intent of the legislature.
Given the intransigence, lack of transparency, consolidation of power by the Administration, and Ferzan’s refusal to testify, a first step in flexing those legislative muscles is use of the subpoena power to compel testimony so that the Legislature can effectively conduct oversight.
Mr. Ferzan – as well as DCA, DOT, and DEP Commissioners – should be subpoenaed to testify.
The Legislature should enact legislation that governs the operations of Mr. Ferzan’s entire Sandy recovery efforts.
Because, quite clearly, current law is not adequate to address the major and continuing challenges of recovery and ensuring that we do not repeat the mistakes of the past and recreate the same patterns of land use that created the vulnerability that led to the devastation Sandy wreaked.
Of course, the Legislature could just bypass Mr. Ferzan and the Governor entirely by creating a Coastal Commission to comprehensively and rationally plan for and address the multitude of challenges Sandy created.
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