Tag Archives: police transparency

Court Hears Appeals of AG Major Discipline Disclosure Directives

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 retroactive disclosure, requiring disclosure of the names of those who have received major discipline for the past twenty years.  The Attorney General also gave county and municipal departments the discretion to make retroactive disclosures and some have made the decision to do so.

Unfortunately, several police unions very quickly filed emergent appeals to stop the Directives from taking effect. The Appellate Division granted a temporary stay of the Directives until the appeals could be heard.

On September 16, 2020, the Appellate Division heard oral argument in the appeals, which lasted more than four hours. The full audio of the hearing can be downloaded via the Judiciary here.

CJ Griffin, Partner at Pashman Stein Walder Hayden and Director of firm’s Justice Gary S. Stein Public Interest Center, participated in the oral argument and filed a pro bono friend-of-the-court brief on behalf of the National Coalition of Latino Officers (NCLO) and the Law Enforcement Action Partnership (LEAP), two non-profit organizations comprised of current and former law enforcement officers. These organization’s asked the court to uphold the Directives and argued that transparency earns the public’s trust, which leads to members of the public being more likely to cooperate with investigations, report crimes, and ensure that police departments have proper resources to perform their jobs safely. Additionally, the AG’s transparency Directives would greatly benefit officers of color and women officers because it would allow organizations like NCLO to identify racial and gender disparities in how major discipline has been imposed upon officers.

The Trentonian has published an article summarizing the Appellate Division arguments, which can be viewed here:

CJ Griffin, an attorney for the National Coalition of Latino Officers and the Law Enforcement Action Partnership, said her clients “really want the court to know that not all police officers agree with the unions’ position. In this case, many of the officers are advocates of transparency.”

Griffin said her clients support transparency and believe “transparency really benefits police officers.”

Some of the briefing can be downloaded here:
LEAP & NCLO’s Amici Curiae Brief
ACLU-NJ & 23 Diverse Organization Amici Curiae Brief
ACDL-NJ & Office of Public Defender’s Amici Curiae Brief
Attorney General’s Respondent Brief
Association of Former State Troopers’ Appellate Brief
State Troopers Fraternal Association Appellate Brief
State PBA Appellate Brief
PBA Local 105 Appellate Brief
Superior Officers Association Appellate Brief

For questions about this blog post, please contact CJ Griffin at 201-270-4930 or cgriffin@pashmanstein.com

Transparency a Focus at Legislature’s First Police Reform Hearing

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 over the police disciplinary process. Grewal testified:

We are one of a shrinking number of states where police disciplinary records remain shrouded in secrecy, virtually never seeing the light of day. In recent months, I have come to recognize that our policy isn’t just bad for public trust, it’s bad for public safety. And it’s time for our policy to change.

Although he did not embrace any particular bill, such as S-2656, a bill introduced by Senator Loretta Weinberg to make police internal affairs and disciplinary records subject to OPRA, it can be inferred from the Attorney General’s testimony that he may be inclined to support such a bill and believes it that full transparency is the right thing to do. The Attorney General testified:

“[W]hen it comes to the transparency of police disciplinary records, New Jersey needs to end its outlier status and move towards greater openness. We can and should be a national leader on this issue.”

The only way to be a national leader is to embrace full access to actual internal affairs files–all of them, even those that are not sustained. That is indeed what more than a dozen states do, as the Attorney General testified.

The police unions have have already obtained a stay of the Attorney General’s recent directive requiring disclosure of major discipline. Multiple police unions testified against transparency at the hearing. Therefore, the Attorney General’s testimony addressed the fact that legislative action was needed to make internal affairs records public.

The public was invited to submit written testimony in advance of the meeting. Attorney CJ Griffin submitted personal written testimony explaining why the Attorney General’s recent directive fails to provide real transparency and providing a helpful chart that compares New Jersey to other states on the issue of internal affairs access.  Griffin concluded by saying:

“Unfortunately, in New Jersey we are unable to proactively review IA investigation files to root out the complaints that were erroneously dismissed or expose the shoddy IA investigations. Instead, we have to wait until tragic situations occur for IA information to become public. At that point, the damage is already done.

I was not born and raised in New Jersey, so I feel a sense of pride and ownership in having chosen to make this state my home. In that regard, I have bragged to friends and fellow advocates about the areas of law where we lead the nation. But, in this area—police transparency—we are, as the Attorney General recognized, at the “back of the pack.” We must not only catch up to most other states; we must lead.

 

You can read Griffin’s full submission here.

Griffin also recently submitted an amicus curiae brief on behalf of two non-profit law enforcement organizations, opposing the police unions’ lawsuits to stop the Attorney General’s directives to disclose the names of officers who receive major discipline. You can read about that brief here. The Appellate Division will hear oral arguments in mid-September.

An archived recording of the hearing can be viewed on the Legislature’s website. Additional police reform hearings will be held.

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.