The New Jersey Attorney General has published a database of all of the major discipline reports that police departments have released this week in response to Law Enforcement Directive 2020-5. Although the AG is heralding the disclosures as “an important and necessary step to build greater public trust,” we are already identifying discrepancies. Here is another troublesome one from Lower Alloways Creek Police Department, in Salem County.
According to Lower Alloways Creek Police Department’s 2020 Annual Major Discipline Report, officer Jared Adkins “was terminated ...
In response to the Supreme Court’s decision upholding Law Enforcement Directive 2020-5, the Attorney General set a deadline of August 9, 2021 for agencies to make major discipline disclosures by posting on their websites “the identity of each officer subject to final discipline, a brief summary of their transgressions, and a statement of the sanction imposed” for all major discipline imposed after 6/15/2020. These disclosures are exposing how police departments will easily evade the very little transparency that AG Directive 2020-5 provides to the public.
On June 7, 2021, the New Jersey Supreme Court ruled in favor of the Attorney General by upholding Law Enforcement Directives Nos. 2020-5 and No. 2020-6, which ordered law enforcement agencies throughout the state to annually publish the names of police officers who were either terminated, demoted or suspended for more than 5 days. We previously blogged about the Directives here and here.
Chief Justice Stuart Rabner delivered the opinion of a unanimous court finding that Attorney General Gurbir S. Grewal had the authority to issue the Directives, which are, “consistent with ...
Happy New Year! The year 2020 was a year unlike any other. As we look back at transparency issues that arose over the past year, we hope that this blog finds our readers healthy and well.
Pandemic Creates Transparency Hurdles
Transparency was front and center in New Jersey in 2020, although sometimes it was the lack of transparency that was the focus.
On March 9, 2020, Governor Murphy issued Executive Order No. 103 to declare a Public Health Emergency in New Jersey. Days later, the Legislature rushed to amend the Open Public Meetings Act (OPRA) so that public agencies would not have to comply ...
On December 21, 2020, New Jersey Attorney General Gurbir S. Grewal announced changes to the statewide “Use of Force Policy,” the first revision to the policy in two decades. Among other things, the new policy prohibits the use of deadly force against citizens “except as an absolute last resort.” Because the Attorney General is New Jersey’s “chief law enforcement officer,” this policy is binding upon every law enforcement agency in the state.
The new policy has been widely applauded by both the law enforcement community and the civil rights community. In terms of ...
Update as of 10/23/2020: As mentioned below, we filed OPRA requests on September 26, 2020 for videos that had not been released. On October 6, 2020, the State said it did not have body cam or dash cam footage of the shooting of Luan Agolli. On October 7, 2020, the State identified the man who died in Totowa on June 27th as Sergio Rodgiguez. As of today, it has not released any videos and said such videos might be produced by October 28, 2020 (which will be 123 days from the incident).
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In New Jersey, the Attorney General’s Office is required to ...
In mid-June 2020, the Attorney General of New Jersey issued two important police transparency directives, both of which have been challenged and were before the Appellate Division this week.
The first directive, Law Enforcement Directive 2020-5, requires future disclosure of the names of officers who have been subject to “major discipline,” which is described as a sanction of termination, demotion, or five or more days of suspension.
The second directive, Law Enforcement Directive 2020-6, orders the State Police and other state law enforcement agencies to make a ...
On July 15, 2020, the Senate Law and Public Safety Committee held its first public hearing on police reform in New Jersey. The hearing was intended to be a discussion on policing issues in general and no particular legislative bill was before the committee, but police transparency was a frequent topic.
The hearing opened with live testimony from Attorney General Gurbir Grewal, who acknowledged that even after his recent decision to disclose the names of officers who receive major discipline, New Jersey still lags behind the rest of the nation when it comes to providing transparency ...
We recently blogged about Rivera v. Union County Prosecutor's Office, where the trial court granted access to the internal affairs reports of the former Police Director of the City of Elizabeth Police Department, who was the subject of an internal affairs investigation that concluded that he used "racist and misogynistic slurs" in the workplace. As an update, the Appellate Division reversed that decision and concluded that the records were not subject to OPRA on June 19, 2020.
Unfortunately, the Appellate Division did not simply deny access under OPRA. It also concluded that the ...
In 2017, CJ Griffin of Pashman Stein Walder Hayden P.C. filed an OPRA lawsuit against the New Jersey State Police on behalf of Libertarians for Transparent Government, seeking the identity of a state trooper who had been "required to separate from employment" for "engaging in racially offensive behavior." The trial court dismissed the lawsuit and the Appellate Division affirmed that dismissal, but the New Jersey Supreme Court agreed to hear the case. The appeal is pending.
Today, the State released the name of the trooper.
Additionally, the Attorney General revised the Attorney ...
Readers may recall from numerous news articles that in April 2019, the Union County Prosecutor's Office (UCPO) concluded that former City of Elizabeth Police Director James Cosgrove used "racist and misogynistic" language in the workplace. The Attorney General issued a press release confirming the internal affairs investigation's findings, calling on Cosgrove to resign, and making leadership changes at UCPO.
After UCPO denied an OPRA request for Cosgrove's internal affairs reports, CJ Griffin filed a lawsuit on behalf of Plaintiff Richard Rivera seeking access to the reports ...
Transparency plays a critical role in building trust between the police and the community. When members of the public trust the police, they are more likely to follow their commands, cooperate with criminal investigations, and even advocate for more funding for police. When police resist transparency, community trust is seriously undermined. Secrecy also makes it harder to hold police departments accountable and assure that they are complying with the law and meeting the high standards that we set for them. This is why we have been involved in dozens of cases involving police ...
The New Jersey Supreme Court has granted an OPRA requestor's Petition for Certification and agreed to hear an appeal in Libertarians for Transparent Government v. New Jersey State Police.
The question the Court certified is:
"Does section ten of the Open Public Records Act, N.J.S.A. 47:1A-10, require disclosure of the name of a state trooper listed in the Office of Professional Standard’s annual report to the Legislature as having been terminated for misconduct?"
For background, N.J.S.A. 47:1A-10 states that personnel records are generally exempt under OPRA, but provides ...
When Pashman Stein Walder Hayden P.C. partners CJ Griffin and Samuel J. Samaro received the unanimous decision in North Jersey Media Group Inc. v. Twp. of Lyndhurst, 229 N.J. 541 (2017), from the New Jersey Supreme Court on July 11, 2017, it was clear that this hard-fought matter was a landmark case that would have significant impact on transparency about the use of force by police in the state of New Jersey. The Court had granted access via the Open Public Records Act (OPRA) and common law to police records and dash cam footage of a high-speed police chase and the fatal use of force on ...
ECPO denied the request because it is “concerned” that the officer may refuse to testify before the grand jury if his or her name is publicly disclosed. Mr. Rivera’s lawsuit argues that this is not a lawful basis for denying access to the information and videos and that transparency is important when police-involved shootings occur.
In 2017, we won an appeal in the New Jersey Supreme Court on a similar issue in North Jersey Media Group v. Township of Lyndhurst, 229 N.J. 541 (2017). In Lyndhurst, the Supreme Court ruled that the public was entitled to learn the identities of the police ...
This week, the New Jersey Supreme Court issued a split decision (4-3) in Paff v. Ocean County Prosecutor’s Office and once again ruled that dash camera videos that pertain to criminal investigations are not subject to the Open Public Records Act (OPRA).
While the decision is a serious disappointment to transparency advocates, it does not actually change the status quo. Last year, in North Jersey Media Group Inc. v. Township of Lyndhurst, a unanimous Supreme Court ruled that the dash cam video of a police-involved deadly shooting was not subject to OPRA because there was no Attorney ...
Today, Pashman Stein Walder Hayden P.C. secured an appellate victory for two long-term firm clients, Richard Rivera and Collene Wronko.
The case involved OPRA requests for records from the Middlesex County Prosecutor's Office (MCPO) which related to an incident where police officers shot and killed a man outside his home in Old Bridge. Both Mr. Rivera and Ms. Wronko sought access to the 9-1-1 call of the incident, as well as other police records, such as CAD reports and Standard Operating Procedures. Their requests were denied.
After lawsuits were filed, MCPO eventually released a ...
Last week, Attorney General Gurbir S. Grewal issued Attorney General Law Enforcement Directive No. 2018-1, which provides instructions to law enforcement agencies in this State regarding public access to dash camera and body camera footage of police-involved shootings. We find that there are both pros and cons to this new directive.
Pros:
On one hand, we are very happy to see that the new Attorney General clearly understands that transparency advances public trust in law enforcement. The overall spirit of this directive is positive and it recognizes that law enforcement do not need ...
In this third part of our series about using OPRA to monitor police agencies, we will discuss how to ensure that individual officers meet the qualifications for their duty assignments and are properly trained.
Generally, personnel records are exempt from access under OPRA. However, we previously blogged about the personnel records exemption and explained that there are three exceptions. The third exception provides that the following records are accessible:
data contained in information which disclose conformity with specific experiential, educational or medical ...
We recently blogged about how you can use OPRA to gain access to records that relate to the use of force by police officers against members of the public. This blog discusses other types of police records that will help you monitor your local police department.
Internal Affairs Annual Summary Reports:
The Attorney General’s Internal Affairs Policy requires every law enforcement agency to an release annual internal affairs summary report to the public which “summarizes the types of [internal affairs] complaints received and the dispositions of those complaints.” This ...
Police officers have the ability to arrest and detain suspects, to seize property, and to lawfully use force against people when justified by law. Because police officers are given these tremendous powers, we should hold them to very high standards— we expect that they will be honest, trustworthy, and follow the law and the Constitution.
In a three-part series, we will discuss how you can use OPRA to monitor police conduct. This blog highlights records you can request to monitor the use of force by police officers.
Use of Force Reports:
Pursuant to the Attorney General’s Use of Force ...
