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 ...
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 ...
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 ...
In enacting OPRA, the Legislature created two exemptions for police records. The first exemption is the “ongoing investigation exemption.” N.J.S.A. 47:1A-3(a). For that exemption to apply, an investigation must be ongoing and the police agency must prove that release of the records would be “inimical to the public interest.” Even if the police do prove that releasing the records while the investigation is ongoing would be harmful, ultimately the records must be released after the investigation concludes.
OPRA’s other exemption, the “criminal investigatory ...
Recently, Pashman Stein, PC secured a victory in the case North Jersey Media Group v. Township of Lyndhurst, et al. Below are links to media covering this important decision, in which the Hon. Peter E. Doyne, A.J.S.C., ruled that the Defendant public agencies violated OPRA and compelled the Defendants to produce records relating to the police shooting of a man in Lyndhurst in September 2014.
http://www.nj.com/bergen/index.ssf/2015/01/judge_orders_release_of_records_in_fatal_bergen_co.html
Our firm is proud of the results it has achieved for clients, some of which are ...
