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 ...
On Nov. 20, 2020, Governor Murphy signed A-1649 into law. Among other things, the bill amends OPRA to render certain home addresses exempt from public access.
Specifically, the new law immediately exempts from access "that portion of any document which discloses the home address, whether a primary or secondary residence, of any active, formerly active, or retired judicial officer or prosecutor." A "judicial officer" is defined as an "active, formerly active, or retired federal, state, county, or municipal judge, including a judge of the Tax Court and any other court of limited ...
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 ...
