NJ Given Go-Ahead To Release Police Disciplinary Records

NEW JERSEY - New Jersey can now release the names of disciplined police officers according to the Superior Court of New Jersey Appellate Division. The move, announced by Attorney General Gurbir Grewal, was stalled by police union lawsuits.

“Today’s decision marks a new day for police transparency and accountability in New Jersey. As I’ve said all along, the vast majority of law enforcement officers do great work and adhere to the high standards we set for them. So when officers fall short, we need to take those infractions seriously and we need to be candid with the public," Grewal said after Friday's ruling. "That’s why I ordered every single law enforcement agency in New Jersey to start publishing information about their officers who commit especially egregious violations by the end of this year. I am grateful that the court today rejected the legal challenges brought against our efforts. It is time to stop protecting the few to the detriment of the many, and it is time to strengthen the relationship between law enforcement officers and the communities they serve."

Under the order, every state, county, and local law enforcement agency in New Jersey will be required to annually publish a list of officers who were fired, demoted, or suspended for more than five days due to a disciplinary violation, with the first list to be published no later than Dec. 31.

Until now, the identities of officers subject to discipline have generally not been disclosed to the public unless they have faced criminal charges.

The order permits, but does not mandate, law enforcement agencies to go further and identify officers who have committed serious disciplinary violations in the past. For instance, Colonel Patrick J. Callahan, Superintendent of the New Jersey State Police will publish a list of all State Troopers who have committed major disciplinary violations over the past 20 years.

"We cannot build trust with the public unless we're candid about the shortcomings of our own officers," Callahan said in June. "By releasing the names of State Troopers who committed serious disciplinary violations, we are continuing the long, hard work of earning and maintaining the trust of the communities we serve."

NJ State Policemen's Benevolent Association President Pat Colligan said the union remains disappointed that this issue is being fought in the courts, especially since they have consistently said that they are willing to work with the Attorney General towards what they would describe as a fair resolution.

"The ruling today that supports the Attorney General’s decree is yet another attack against the good men and women in law enforcement serving communities honorably throughout New Jersey," he said in a statement. "The Attorney General should know that there is very little benefit to publicly shaming law enforcement officers past and present. While we do not oppose releasing information on officers who violate the public trust or the civil rights of our citizens, 'major discipline' in this decree is often a compilation of minor events or departmental rule infractions that led to a suspension of more than five days."

Colligan said because this type of discipline varies wildly from Department to Department this document dump is misleading the public about officer behavior.

"We will not protect bad actors who violate the public trust and the civil rights of our citizens," he said. "But the Attorney General’s decree being moved through the courts is sacrificing individual fairness for a political soundbite."

Chester Chief of Police Thomas Williver, who serves as President of the Morris County Chief of Police Association, said over the summer his association does not support directive 2020-5, requiring public disclosure of identities of officers who commit serious disciplinary violations

"It truly does not serve the public interest of transparency and accountability. Some 'good' officers may have made minor administrative infractions and through the process of progressive discipline would now be labeled as 'bad cops' even though they never committed an egregious act that would bring disrespect to their badge and agency," he said. "If allowed to stand, this directive will give the public a distorted view of the officers and departments in the state. There are also concerns for officers and their families regarding the release of their names that need further discussion."

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