Column: Politics of Feyl's Highlands Job
By the way, there's a nice pension boost in it for Feyl, too.
The appointment of Gene Feyl as executive director of the New Jersey Highlands Council last Thursday accomplished several goals—most of them political, but with a nice personal perk for Feyl.
It took Feyl out of contention for another term as a Morris County freeholder, allowing him to land safely—and cozily, with a $116,000 salary almost five times larger than he gets now—without having to worry about a messy primary fight with the conservative team opposing the incumbent Republicans in June.
And talk about cozy! Were Feyl to lose a Republican primary fight in June and leave office at the end of the year, he would retire with a maximum annual pension of about $13,300, according to the Retirement Estimate calculation tool on the state pension system website. But if Feyl, 66, spends just one year at the helm of the Highlands and retires May 1, 2013—four months longer than that freeholder’s tenure—his yearly pension will skyrocket by almost $50,000, to some $63,200.
That adds up to an extra $1 million in 20 years. Those are pension payments that were not properly funded because payments are made by the employer and employee based on salary over time and are not set up to handle the pension obligation created by large pay boosts, a problem that crops up often in New Jersey when politicians with long careers at low salaries get high-salaried political appointments prior to retirement.
But Gov. Chris Christie, a former Morris County freeholder himself and now the steward of the state budget, surely wouldn’t condone the creation of such an unfunded pension obligation, so that can’t be the main reason for the change.
That reason is to give himself greater control over the council by installing his own man at its helm.
As some of the seven council members who voted no on Feyl last week said, the Christie administration is pushing several environmental rollbacks and Eileen Swan, the former director, was not willing to kowtow as much as the governor’s office would have liked.
“This is going to be a direct appointment by the governor and he will take his orders from the governor,” said Carl Richko, a member of the Highlands council, who likened the council’s action to “an episode of the Twilight Zone, a Marx Brothers movie or a documentary on government and bad politics.”
Feyl is an affable man and able politician. Both sides agree to that.
But that should not be how a regional planning body, which should not be a political animal, chooses its leader.
The New Jersey Pinelands Commission, a similar body in South Jersey, formed a special search committee in 2010 when its director resigned. That committee advertised the position. It interviewed six candidates and recommended two to the full commission. Ultimately, the Pinelands Commission hired Nancy B. Wittenberg, who spent the last two decades in environmental positions with the state Department of Environmental Protection and New Jersey Builders Association.
How did the Highlands Commission, which oversees 860,000 North Jersey acres from which flow two-thirds of the state’s drinking water, choose its new director?
No special committee, no advertisement and only one interview and recommendation: Feyl.
According to the Morris County website, Feyl is a “consultant to the food manufacturing industry.” He does have “planning” experience, as chairman of the North Jersey Transportation Planning Authority, a position he has held since January on a board that meets every other month. He has been a freeholder since January 2007. Prior to that, he was the mayor of Denville and served on its council.
According to Kurt Alstede, vice chairman of the council, Feyl also served as a school board member. In totality, said Alstede of Feyl’s credentials, “It’s a very strong resume.”
Really? To be director of a regional planning body dealing with HUC 14s, TDRs and TMDLs in its RMP?
As of last Thursday, Feyl had not yet read the entire master plan (RMP)—he said he had gone through “most” of it. But having read, never mind understood, the 464-page document was not a requirement for the new director. There were no requirements. There was no process. There was only the anointing of the man who everyone knew would get the job even before Swan was removed, both moves on orders from Christie’s office.
Feyl is now in charge. The environmentalists aren’t happy and even one of the land owners isn’t sure he will be on their side. After the 8-7 vote installing him as chief, Feyl said he “gets” the importance of the council’s responsibility for clean water. His goal is “to bring the entire Highlands region together.” That will be no small task, given the sharp divisions on the council that shifted pro-development when Christie finally got, with Trenton Democrats’ tacit approval, majority control of the council.
If Feyl can fulfill the legal mandates for the region, protect the water supply and fragile open spaces and historic sites and deliver financial equity for landowners, he will prove his environmental critics wrong. But that’s a big if.
This post is shared among multiple Patch sites serving communities in Morris and Sussex counties. Comments below may be by readers of any of those sites.
Lewis Stone
7:43 am on Monday, April 23, 2012
Regardless of party affiliation, the hiring process should be based on merit and knowledge of the subject. To have only one candidate thwarts the process. Christie making known his preference also cheapens the democratic process that we all hold dear.
bill wolfe
10:11 am on Tuesday, April 24, 2012
Lewis - you are correct. The Highlands Act specifically MANDATES that the Director be qualified.
Feyl is NOT qualified by any measure, so the COuncil violated the Act here.
Prentiss Gray
8:03 am on Monday, April 23, 2012
On the one hand if we all are required to vote on everything, very little will get done, on the other this is a situation that bears watching. Truth is we don't know what will be different with Mr. Feyl leading the council. I hear lots of fear but I'm still waiting for something concrete. Wait and see before we "get the rope."
However, I do think O'Dea has pointed out several processes that are questionable.
bill wolfe
10:19 am on Tuesday, April 24, 2012
Prentiss - we DO KNOW what will be different.
He will follow Governor Christie's orders (as a matter of political loyalty and because he has no expertise and no policy ideas of his own that he could implement).
The Governor has been very clear that he opposes "regulatory mandates" and "red tape" and instead seeks to promote economic development and dismantle regulations and red tape. *See Executive Orders #2 (and #1-3 as well).
Feyl will serve Christie's policy and gut the Highland Act from within by not enforcing it, weakening the Master Plan and directing staff to approve just about any project that comes along.
Jon
8:34 am on Monday, April 23, 2012
a) He has no relevant qualifications; b) there was no transparent decision making process; c) A $63,200 annual pension after ONE year in a job is COMPLETELY INSANE. Who approved that??!! Most people can work their tails off for 25 years and won't get a fraction of that.
Rev. Susan Gillespie
8:58 am on Monday, April 23, 2012
This is what happens when we elect people to run government, who are outspoken in their belief that government can't ever do anything well. Why do we keep doing that?
Thomas Lotito
9:19 am on Monday, April 23, 2012
I can't wait until they build few houses in the sensitive zones, it'll be fun watching a few inviro-whacko's heads explode.
bill wolfe
10:20 am on Tuesday, April 24, 2012
Thomas - maybe they can put some industrial development or strip mall or condo complex in your backyard, and lower your property value (if you own a home).
Long Valley Dad
9:25 am on Monday, April 23, 2012
The author of this op-ed, like many of the enviromental leftists, are making far more of Feyl's appointment than it deserves. Indeed, it is irresponsible to suggest otherwise. First, it is laughable to express shock that this was a political appointment. You are right! Just like virtually every other appointment made by any governor. Second, it is misguided to suggest that Feyl will undo the Highlands Act. It is a law that can only be changed by the legislature and the governor. Christie does not have a majority in the legislature to really do anything about changing the law. So while the make up of the Council has changed, the fact remains that the Highlands Region will continue to be off-limits to irresponsible development even with Feyl at the helm.
bill wolfe
10:09 am on Tuesday, April 24, 2012
Dear LVD - You badly misunderstand some basics. Tow points to clarify:
1. Under the Highlands Act, the Director's position is NOT a Governor's appointment.
The Director is hired by and serves at the pleasure of the Council.
The composition of the Council was very carefully crafted by the Legislature in order to restrict the Governor's power, eliminate partisan politics, and balance important conservation and economic interests and local, regional and statewide representation.
The Council is supposed to be INDEPENDENT of the Governor and his DEP. The Governor's power's are carefully circumscribed by the Legislation. The Governor can only veto the Council's minutes (a negative power), not dictate policy and personnel.
The Governor can NOMINATE Council members, but they must bee confirmed by the Senate - so the Legislature checks the Governor's power.
(point #2 next)
bill wolfe
10:10 am on Tuesday, April 24, 2012
(point #2)
2. The Highlands Act is implemented and enforced by the Highlands Master Plan (which is controlled by the COuncil) and DEP regulations.
The COuncil controls the content of the Master Plan - so the COuncil can gut the Act by amending or ignoring the Plan.
The COuncil makes case-by-case decisions as to whether development projects or local ordinances comply with the Master Plan and Highlands Act. The COuncil can merely rubber stamp approval of violations of the Act.
The DEP Highlands regulations are under the control of the DEP Commissioner, a Christie appointee (another unqualified political hack) who has said that DEP's job is to "promote economic development".
So DEP is in process of weakening the DEP Highlands regulations as well, as directed by Governor Christie under Executive Order #2, which calls for "regulatory relief".
I would be glad to clarify or debate anyone on any of these issues.
RGJ
9:57 am on Monday, April 23, 2012
Politics? Swan was appointed by Democrat Corzine only after endorsing him -- and Swan had been elected as a Republican. That's about as political as you can get, not even an octupus of political bureacracy to hide it. A squid pro quo, as it were.
For Swan and her allies to cry politics now is akin to killing your parents and then crying orphan. And the position's package suddenly being an issue is awfully strange coming from an author that was silent while his sainted predecessor was getting the same one.
Gene is a good guy, and I'm sure he will do a good job. The Highlands became a boondoggle under the previous governance, a watchdog turned Cujo, clandestinely controlled by the left wing Tittels and Somers of the world, (both employed by Big Environmental to lobby and bully these government bodies -- what are their salaries, Colleen?) the same ones keening over the loss of their influence.
bill wolfe
9:56 am on Tuesday, April 24, 2012
RGJ - see my comment below.
You are correct that both were political appointments, but there is a HUGE difference between Swan and Feyl.
Swann was appointed to support and enforce the Highlands Acts.
Feyl was appointed to weaken and gut it and promote economic development.
Unfortunately, this story lacks clear emphasis on that fundamental point, because it got sidetracked by process, politics, and focus on pension abuse.
PatienceWorth
10:41 am on Tuesday, April 24, 2012
Strange O'Dea missed the part of Gene's resume that everyone else has (this is cut from The Patch) chose to point out in Gene's open space background: “Gene started the first Open Space plan in Denville that eventually secured over 1,200 acres in open space acquisitions,” Rilee said. Jim Rilee, Highlands Council Chair.
I guess O'Dea was out that day in journalism school.
joe raich
10:25 am on Monday, April 23, 2012
Christie falls far short in making lasting changes in New Jersey. Feyl is but one, Agostini, Fillipello,etc. ( in Parsippany ), are examples of pension abuses. Legislative pension reform and strengthening the Highland protection ought to be emphasized during this session.
Warren Bobrow
11:20 am on Monday, April 23, 2012
Home Rule and Republicans. Perfect together.
bill wolfe
10:22 am on Tuesday, April 24, 2012
The Highlands Act is based on the US Forest Service Report, which found that "home rule" (local land use controls) would destroy the region's environment and risk the water supply of 4 million people.
That's why the Act rescinded "home rule" in the Preservation area.
I thought Republicans supported law enforcement - why do they gut environmental laws?
PatienceWorth
12:01 pm on Monday, April 23, 2012
Very ex-journalist Colleen cites Wittendberg, ex-employee of the New Jersey Builders Association, as someone who she would be happier with?
rofl......can you IMAGINE Collie's rants if an ex-NJ BUILDERS Association employee was hired here? What do you think she was doing there, preserving land?
bill wolfe
9:52 am on Tuesday, April 24, 2012
The common denominator between Wittenberg (new head of Pinelands Commission) and Feyl is Governor Christie and a policy to weaken planning and regulatory protections and promote economic development.
They are BOTH Christie appointments - and BOTH confirmed by Democrats in the Senate.
The Stig
4:26 pm on Monday, April 23, 2012
I believe he needs to serve for three years to get the retirement benefit amount you note. Pension is based on your highest THREE years of salary, not one.
And if you are going to get all worked up about his potential pension, why not travel down to Kean College, where former/disgraced Governor McGreevey has a part-time professorship so he can keep accruing years for credit towards his pension, and write a real expose.
Joseph Keyes
5:32 pm on Monday, April 23, 2012
In response to the poll question, no—it wasn’t right to remove Swan and install Feyl. That was a political gambit. The answer to the Highlands dilemma is to install fees for water usage to compensate affected landowners. We have seen recently on a state level, that unless monies allocated to a specific goal can be guaranteed for such, those funds can and have been diverted to fund unrelated projects .
bill wolfe
9:48 am on Tuesday, April 24, 2012
I agree Joseph - the only way to guarantee that money collected (from fees or taxes) is dedicated to specific purposes is via a constitutional amendment.
The Legislature and the Governor can divert all other money in the annual budget process.
The Governor and Republicans oppose any new taxes or fees, so the current water tax proposed legislation is not an option (sponsored by Democrats, Assemblyman McKeon and Senator Smith, the rime sponsors of the Highlands Act).
If environmentalists and Democrats were serious, however, they would know that they don't need the support of the Governor or the Republicans in the Legislature.
They could pass joint Resolutions by simple majorities in both Houses seeking a ballot question on a water fee to fund Highlands and other land acquisition. That would let the voters decide.
It would bypass the Governor and the Republicans.
But, Democrats don't want to take the blame for raising taxes and environmentalists don't want to pressure their friends to do the right thing.
SO, neither one is serious.
TED GODFREY
5:40 pm on Monday, April 23, 2012
colleen you points are well made as with other op's you have written but you don't seem to be fair showing what the democrats have done on the flip side --SHOW BOTH SIDES!!!
TED GODFREY
5:41 pm on Monday, April 23, 2012
colleen your points are well made as with other op's you have written but you don't seem to be fair showing what the democrats have done on the flip side --SHOW BOTH SIDES!!!
TED GODFREY
5:42 pm on Monday, April 23, 2012
show both sides of debates
joe raich
8:32 pm on Monday, April 23, 2012
keyes: water fees are a tax, one that seemingly never existed before. you'd have government intrude without guarding the quality and amount of our drinking water.
bill wolfe
9:39 am on Tuesday, April 24, 2012
The bigger problem is the new policy direction the Christie appointees want to take the Council in.
Clearly, they all want to weaken the land use restrictions and water resource protections and promote economic development.
That should be the only real issue here.
Adam Zellner was an unqualified Director that was installed by the Governor's Office. While he was there to SUPPORT the Highlands Act (a huge difference because Feyl will weaken and gut it), Zellner was still a Governor's political appointee that lacked qualifications.
Unfortunately, the position has been politicized badly - that's about the only thing I agree with Mr. Alsteed on.
Focus on the substance - the politics and process are corrupt on a bipartisan basis.
Keep the focus
bill wolfe
10:23 am on Tuesday, April 24, 2012
The bigger problem is the new policy direction the Christie appointees want to take the Council in.
Clearly, they all want to weaken the land use restrictions and water resource protections and promote economic development.
That should be the only real issue here.
Adam Zellner was an unqualified Director that was installed by the Governor's Office. While he was there to SUPPORT the Highlands Act (a huge difference because Feyl will weaken and gut it), Zellner was still a Governor's political appointee that lacked qualifications.
Unfortunately, the position has been politicized badly - that's about the only thing I agree with Mr. Alsteed on.
Focus on the substance - the politics and process are corrupt on a bipartisan basis.
Martatown
6:16 pm on Tuesday, April 24, 2012
Pick a party. They all have their hands in ou pockets. Disgraceful.