Tag Archives: police transparency

Judge Rules IA Report of Former Police Director Who Used “Racist and Misogynistic Slurs” is Subject to OPRA; City & Prosecutor’s Office Appeal

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 pursuant to OPRA and the common law right of access. See Richard Rivera v. Union County Prosecutor’s Office, Docket No. UNN-L-2954-19. Mr. Rivera is Co-Chair of the Latino Leadership Alliance of New Jersey’s Civil Rights Protection Project, a former municipal police officer, and a well-known civil rights advocate.

The City of Elizabeth intervened in the suit and vigorously defended UCPO’s denial of access alongside UCPO.

In February 2020, the Hon. James Hely, J.S.C. of the Superior Court, Union County, held that Cosgrove’s internal affairs reports were subject to access under OPRA. Judge Hely issued an order compelling the UCPO to produce the reports for in camera review so that the identities of witnesses and complainants could be protected by redaction.

Elizabeth and UCPO moved for reconsideration and a stay of the order. In an opinion denying those motions, Judge Hely wrote in part:

At the dawn of the 20th century, WEB Dubois declared “the problem of the 20th century is the problem of the color line.” The Souls of Black Folks (1903).

We are now 20 years into the 21st century and racial hostility, animus, and discrimination remain a reality in these United States. Indeed, it is often an undercurrent [in] political rhetoric at the national and local level to this very day.
. . .

It seems to be the defense position that since action was taken as a result of their investigation, the public should not see the truth. Many political leaders and members of the public contend that racism and sexism are relics of the past. It is obvious from what [is] already known about the internal investigation that such denials are fantasy.

. . .

. . . I do not find that greater harm will result if I do not grant the stay. Quite the opposite. The public deserves to know the level of overt racism and/or sexism that was uncovered about the highest official or officials of the Elizabeth Police Department. To allow this matter to be further swept under the rug of public scrutiny would be to foster the illusion that racism and sexism are behind us.

UCPO and the City of Elizabeth have appealed the order, arguing that the public should not have access to the reports. The Appellate Division agreed to hear the appeal on an interlocutory basis and the case is currently pending. Oral argument was in May.

For more information about this post or OPRA in general, contact CJ Griffin at cgriffin@pashmanstein.com or 551-208-1283.

 

Using OPRA for Police Transparency in New Jersey

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 records, including landmark decisions such as North Jersey Media Group Inc. v. Township of Lyndhurst, 229 N.J. 541 (2017).

Although so many law enforcement records are sadly exempt from access under OPRA, something we hope the Legislature will fix, there are several records that are publicly accessible and that shed a light on policing and have the potential to expose misconduct or wrongdoing when it occurs.

We invite you to read our prior three-part blog series titled, “How to Monitor Police Agencies.” The series covers the following topics:

We also recommend reading the wonderful article written by Andrew Ford of the Asbury Park Press, published by ProPublica, titled “I Cover Cops as an Investigative Reporter. Here are Five Ways You Can Start Holding Your Department Accountable.”

If you have a question about this blog or OPRA in general, please contact CJ Griffin at cgriffin@pashmanstein.com or 201-270-4930.

 

Transparency of Police Conduct Consistent with Public’s Right to Know

The following article was authored by Pashman Stein Partner Sam Samaro and appeared in the New Jersey Law Journal on October 29, 2015.

In March of 1991, a Los Angeles resident by the name of George Holliday noticed some commotion outside his apartment. He grabbed a camcorder, went out onto his balcony and shot the now iconic footage of Rodney King being beaten by the police. The resulting prosecution of the officers involved occurred because, and only because, the incident happened to take place within eyeshot of a citizen with a video camera. At the time, videotaped evidence of police misconduct was extremely rare.

Today, it is not so rare. It has been estimated that as many as two-thirds of all American adults own smart phones. That means that most people walking the streets these days are carrying high-quality video equipment in their pockets or purses, and ever more frequently they are using those devices to record what they see in their daily lives, including altercations involving the police. On top of that, state and local governments have come under increasing pressure to add camera equipment to patrol cars and even patrol officer uniforms. As a consequence, police departments in many communities are now required to make their own video recordings of traffic stops, arrests and other interactions with citizens. We can anticipate a time when most things police do in public will be recorded by someone.

It is fair to say that law enforcement agencies are less than enthusiastic about this development. They argue, not without merit, that the videos only tell part of the story and often contain important evidence which, if released too soon, could compromise ongoing criminal investigations of suspects or internal affairs investigations of officers. They worry that the repeated showing of such videos in the media and their availability online creates unjustified cynicism about the police and may actually subject officers to retribution attacks.

For the rest of the article, please click here.