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 ...
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 ...
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 ...
