Tag Archives: internal affairs

NJ Supreme Court grants certification in OPRA case regarding identity of State Trooper who engaged in “racially offensive” behavior

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 three exceptions to the exemption. At issue in this case is the first exception, which states that:

an individual’s name, title, position, salary, payroll record, length of service, date of separation and the reason therefor, and the amount and type of any pension received shall be a government record”

Each year, the Office of Professional Standards of the New Jersey State Police issues a public report detailing major discipline that is imposed upon State Troopers.  The 2015 report disclosed the following:

Member pled guilty to acting in an unofficial capacity to the discredit of the Division while off-duty by having questionable associations, engaging in racially offensive behavior and publicly discussing police patrol procedures. The member was required to forfeit all accrued time and separate from employment with the Division.

Upon reviewing that report, the requestor filed an OPRA request asking for the Trooper’s name, title, date of separation and the reason therefor, pursuant to N.J.S.A. 47:1A-10. The State Police denied the request, arguing that it was exempt pursuant to N.J.S.A. 47:1A-10 and the Attorney General’s Internal Affairs Policies & Procedures.

Pashman Stein Walder Hayden partner CJ Griffin sued on behalf of the requestor and argued that “date of separation and the reason therefor” meant that the public is entitled to know the real reason a particular employee separated from employment. In this case, the State Police gave the reason, but would not provide the name or date of separation, frustrating the statute’s purpose. Clearly, the public has a significant interest in knowing the identity of a Trooper who engaged in “racially offensive behavior.” Moreover, the the phrase “required to . . . separate from employment” makes it unclear whether the Trooper was fired or whether he or she was permitted to retire in good standing and move on to another law enforcement position.

Griffin argued that disclosure of the Trooper’s name was required pursuant to the New Jersey Supreme Court’s decision in South Jersey Publishing Co. v. New Jersey Expressway Authority, 124 N.J. 478 (1991), a unanimous opinion written by retired Supreme Court Justice Gary S. Stein. In that case, it was widely rumored that the agency’s executive director was under scrutiny for misusing government credit cards.  The agency met in executive session and discussed its investigation into the matter, then worked out an agreement by which the executive director would “resign in good standing” and receive payment of his salary and fringe benefits for nearly a year after his “resignation.” OPRA did not exist at the time, but Executive Order No. 11 (EO 11) contained language essentially identical to N.J.S.A. 47:1A-10 and required disclosure of an employee’s “date of separation from government service and the reason therefor.”  Applying that provision of EO 11, the Court found it was insufficient for the agency to simply tell the public that there was a “resignation” or “voluntary separation,” but rather that it must disclose “the results of the [agency’s] investigation.”  The Court recognized that disclosure of such information was necessary so that the public could intelligently make an evaluation of whether the agency acted reasonably in permitting the executive director to resign in good standing with several months of salary and benefits.

Unfortunately, in this case, the trial court and Appellate Division both affirmed the State Police’s denial of access. Neither court addressed the New Jersey Supreme Court’s decision in South Jersey Publishing. The Supreme Court will now hear the requestor’s appeal.

The successful Petition for Certification can be found here. Amicus curiae briefs are due on December 26, 2019.

How to Monitor Police Agencies: Part 2

We recently blogged about how you can use OPRA to gain access to records which shine light on the use of force by police officers. 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 law enforcement agencies to release an annual summary report to the public which “summarizes the types of [internal affairs] complaints received and the dispositions of those complaints.” This report, usually in the form of a chart, will help you monitor the types of complaints that are being lodged against officers.

Sample OPRA request:

“Pursuant to OPRA and the common law, I seek your police department’s Internal Affairs Annual Summary Report for 2016.”

Internal Affairs Public Synopsis of Disciplinary Action:

Requirement 10 of the Attorney General’s Internal Affairs Policy also requires law enforcement agencies to periodically disclose to the public “a brief synopsis of all complaints where a fine or suspension of ten days or more was assessed to an agency member.” While the report will not identify the officer by name, it should briefly outline the nature of the transgression and the fine or sentence that was imposed. This permits the public to see details of more serious internal affairs allegations that were sustained and will highlight an agency’s most egregious problems.

Sample OPRA request:

“Pursuant to OPRA and the common law, I seek your agency’s Public Synopsis of Disciplinary Actions for years 2014 to 2017. This report is required pursuant to Requirement 10 of the Attorney General’s Internal Affairs Police.”

Vehicle Pursuit Reports:

Vehicle pursuits not only put the suspect and police officers at risk, but also other people who happen to be in their way. Every year there are reports where innocent bystanders are injured or killed when a vehicle slams into theirs during the course of a police pursuit.

There are two reports which will help you monitor vehicle pursuits. First, pursuant to the Attorney General’s Police Vehicular Pursuit Policy an officer must complete a “Police Pursuit Incident Report” for every pursuit. If you read about a pursuit in the newspaper, you can request this report to find out more details about who was involved in the incident.

Second, the Attorney General’s policy requires every municipal police agency to submit an annual agency “Vehicular Pursuit Summary Report” to the county prosecutor, which will detail the total number of pursuits and other useful information. You can compare these reports to other towns or look to see if any particular officer engages in pursuits more frequently.

A sample of both reports can be found here:

Sample OPRA request:

“Pursuant to OPRA and the common law, I seek a copy of the Police Pursuit Incident Report for the vehicle chase that occurred last night near Exit 151 on the Garden State Parkway and the police department’s Vehicular Pursuit Summary Report for 2016.”