NJ Bill Could Restore Subpoena Power For Newark Policing Board

NEWARK, NJ — Community activists in Newark aren’t giving up on their push for the creation of “civilian review boards” to oversee local police departments throughout the state.

Pointing to the city’s own Civilian Complaint Review Board (CCRB) – which was created in 2016 as part of a landmark consent decree between the U.S Justice Department – members of the Newark Communities for Accountable Policing (NCAP) are throwing their support behind a proposed state law, A-4656. It would enable the creation of Civilian Review Boards for any municipality that seeks one. The Assembly bill also has a companion in the Senate.

The bill would assure the boards of certain powers under law, including the ability to issue subpoenas – a crucial element for them to be effective, NCAP members said.

In particular, Newark’s board lacks subpoena power, the result of a decision by the New Jersey Supreme Court, which said the ability could be reestablished if it were first enacted by state legislation.

• See related article: NJ Supreme Court Limits Newark's Power To Probe Police Abuse
• See related article: Newark Tries To Bring Battle Over Policing To US Supreme Court

“The Newark CCRB structure is a model for the state and nation, and now requires legislative changes for it to realize the promise of its power,” activists charged. “We urge the Legislature to support legislation that allows for the creation of municipal-level civilian complaint boards with the key features that were originally afforded to the Newark CCRB.”

The NCAP spearheaded a rally in Trenton earlier this week to push for the proposed law, which got a boost of support from Newark Mayor Ras Baraka.

The NCAP also wrote a letter to Assembly Speaker Craig Coughlin and the other members of the Assembly in support of the bill on Wednesday. The full text follows below.

“In the haunting shadows of the spectacle death of George Floyd, on the heels of this country’s most epic moment of protest last summer, at a moment that challenges all of us to go beyond where we are to be the change that needs to happen, we write today to urge you to support strong civilian oversight review boards. Civilian oversight of police requires strong powers: subpoena power, community representation, concurrent investigations, and disciplinary recommendations.

“The need for civilian oversight emerged as a result of unchecked police power, which is made possible by a nearly complete lack of transparency in police disciplinary practices, upheld by secret internal affairs investigations that rarely impose discipline, and has led to a well-documented lack of accountability and transparency, misconduct, violence, and racially disparate policing practices that disproportionately target communities of color. Internal affairs investigations sustain complaints and impose discipline of officers at incredibly low rates, compounding to the already frayed community relationships with police.

“Civilian review boards (CRBs) provide an avenue for police accountability while reshaping policing practices and give civilians a meaningful voice in decisions over officer discipline, which, in turn, would lead to changes in relationships between community members and police departments. For more than 50 years, Newark residents have been calling for police accountability through a civilian oversight board, and over the years, communities around the state have joined the calls.

“In 2010, ACLU-NJ submitted a petition to the U.S. Department of Justice that documented 418 allegations of Newark Police Department (NPD) abuse from a two and a half year period. This petition resulted in a three year investigation of the NPD and, in 2014, the U.S. Department of Justice issued a report documenting findings of widespread civil rights and civil liberties violations in Newark policing. These violations included unconstitutional and racially discriminatory stop-and-frisk and arrest practices, excessive use of force, punishment of Newarkers exercising their First Amendment rights, quotas, theft by officers, and a failed internal affairs system.

“In 2014, our community groups formed a coalition called Newark Communities for Accountable Policing (NCAP) to push for powerful civilian oversight of the NPD. After examining the successes and pitfalls of CRBs in other states, Newark residents pushed for a model that included meaningful investigatory powers over individual complaints and oversight of discipline. Less than a year later, in 2015, Mayor Baraka introduced an ordinance, and the Newark Civilian Complaint Review Board was enacted as one of the most robust civilian oversight bodies in the country.

“Newark’s police unions immediately challenged the CCRB’s authority, delaying, and now hampering, the City’s ability to implement its oversight board as intended. On August 19, 2020, a New Jersey Supreme Court decision in the case Fraternal Order of Police, Newark Lodge No. 12 v. the City of Newark acknowledged the benefits of community oversight, but found that state statutes prevented Newark’s CCRB from operating as the City intended. The Court identified the legislative fixes necessary and held that until the Legislature amends relevant statutes, the Newark CCRB will not be able to issue subpoenas and its investigatory powers will be limited.

“The Newark CCRB structure is a model for the state and nation, and now requires legislative changes for it to realize the promise of its power. We urge the Legislature to support legislation that allows for the creation of municipal-level civilian complaint boards with the key features that were originally afforded to the Newark CCRB.

“NCAP continues to urge the Legislature to include additional necessary powers for civilian oversight to be a real difference, including: subpoena power, concurrent investigatory power with no waiting periods, records transparency, and inclusion of individuals with criminal records. We strongly urge the New Jersey Assembly to support strong powers for civilian oversight.”

Send local news tips and correction requests to eric.kiefer@patch.com

Sign up for Patch email newsletters. Learn more about posting announcements or events to your local Patch site. Don’t forget to visit the Patch Newark Facebook page.