Galette v. New Jersey Transit Corp. · ¶56

Finally, the control that New Jersey exerts over NJ Transit does not change the overall conclusion here. Undoubtedly, the State exerts a substantial amount of control over NJ Transit. The Governor has appointment and removal powers over the Board, § 27:25–4(b); a state cabinet member (the Commissioner of Transportation) chairs the Board, § 27:25–4(d); the Governor may veto any of the Board's actions, §27:25–4(f); and the Legislature may veto some eminent-domain actions, § 27:25–13(h). On the other hand, New Jersey law states that NJ Transit “shall be independent of any supervision or control by the [transportation] department or by any body or officer thereof,” and requires that it “exercise independent judgment.” §§ 27:25–4(a), 27:25– 4.1(b)(2)(d). In addition, the Governor's removal authority for 8 of the 13 board members is limited to for-cause removal. § 27:25–4(b). This level of…

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