NJ Police Depts. Have 2 Months To Release Disciplinary Reports

NEW JERSEY — New Jersey police departments have 60 days to release disciplinary records, state officials said Wednesday. Attorney General Gurbir S. Grewal issued the directive two days after the state Supreme Court unanimously ruled the Office of Attorney General could move forward with the plan for releasing certain info on officer misconduct.

Within the 60-day window, all law-enforcement agencies must publish reports identifying officers who committed "serious" disciplinary violations since June 15 — the date of Grewal's original order — through the end of 2020.

Departments will be required to disclose firings, reductions in rank or grade and suspensions of more than five days. For decades, New Jersey treated police-disciplinary files as confidential. The reports must cover complaints that involved a plea, settlement or sanction imposed against an officer, according to the 102-page directive.

Grewal called the upcoming release of disciplinary records "a new chapter for police transparency and accountability."

"By lifting the cloak of secrecy over our state’s police disciplinary process, we are not simply ensuring accountability for those who engage in misconduct," he said. "We are also demonstrating that the vast majority of law enforcement officers work hard and play by the rules.”

State PBA President Pat Colligan called the Supreme Court's decision "frustrating and disappointing." But Colligan praised a provision that allows officers who agreed to discipline under the assumption that it would remain confidential, to seek a judge's approval to keep the records secret.

"We are pleased that the court recognized that many officers only resolved disciplinary actions because they received specific promises of confidentiality which they relied upon, and that they are entitled to a hearing before release of any information regarding events that may have occurred decades ago," Colligan said. "We continue to be disappointed in the Attorney General's ongoing refusal to meet with us to discuss fairness within police reform as well as his continuing attacks on law enforcement.”

Days after then-Minneapolis Police Officer Derek Chauvin killed George Floyd, Grewal issued several directives involving police reform. Actions included expansion of Crisis Intervention Team training, development of a statewide "Use of Force Portal" and updates to the state's use-of-force policy. New Jersey law enforcement is now banned from using chokeholds "except in the very limited situations when deadly force is necessary to address an imminent threat to life."

But Grewal's order to release disciplinary records faced pushback, which turned into a year-long legal battle. The unanimous ruling found state authorities could identify officers subjected to "major" discipline in the past year and going forward. But police disciplined prior can seek a judge to try and block the public disclosure.

The attorney general's office launched a beta version of its Use of Force Dashboard on April 6. Use of force is admissable in many policing situations and does not imply misconduct.