Bill Text: NJ ACR113 | 2022-2023 | Regular Session | Introduced

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Bill Title: Urges NJ Attorney General to negotiate with law enforcement unions and modify law enforcement directive that allows public disclosure of identities of all officers who committed serious disciplinary violations in the past.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-02-28 - Introduced, Referred to Assembly Law and Public Safety Committee [ACR113 Detail]

Download: New_Jersey-2022-ACR113-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 113

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED FEBRUARY 28, 2022

 

 

Sponsored by:

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Urges NJ Attorney General to negotiate with law enforcement unions and modify law enforcement directive that allows public disclosure of identities of all officers who committed serious disciplinary violations in the past.

 

CURRENT VERSION OF TEXT

     As introduced.

  

A Concurrent Resolution urging the New Jersey Attorney General to negotiate with law enforcement unions and modify the law enforcement directive that allows disclosure of the identities of all officers who committed serious disciplinary violations in the past.

 

Whereas, The New Jersey Attorney General issued a Law Enforcement Directive on June 15, 2020 requiring all law enforcement agencies in the State to begin publicly identifying officers who commit serious disciplinary violations; and

Whereas, Under the directive, going forward every State, county, and local law enforcement agency in this State is 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 December 31, 2020; and

Whereas, The directive also permits law enforcement agencies to identify officers who have committed serious disciplinary violations in the past and provides that the New Jersey State Police, the Division of Criminal Justice, and the Juvenile Justice Commission will publish the names of any officers who have been subject to serious discipline by July 15, 2020; and

Whereas, According to the directive, the New Jersey State Police, which has published annual reports since 2000 summarizing incidents of major discipline which do not disclose the identities of the State Troopers, intends to update these annual reports with the names of the State Troopers by July 15, 2020; and

Whereas, As a result, a list of all State Troopers who have committed serious disciplinary violations over the past 20 years will be published; and

Whereas, The Jersey City Police Officers Benevolent Association, the New Jersey State Policemen's Benevolent Association, the New Jersey State Fraternal Order of Police, the State Troopers Fraternal Association, the State Troopers NCO Association of New Jersey, and the State Troopers Superior Officers Association have urged the New Jersey Attorney General to reverse his decision to release the names of the State Troopers who have been disciplined in the past as, according to the unions, the directive serves only to harass, embarrass, and rehash past incidents during a time of severe anti-law enforcement sentiment; and

Whereas, The release of the names may cause the officers and their families to become potential targets of violent anti-police activists in their homes, communities, and schools; and

Whereas, In addition, according to the unions, a significant portion of the names that would be released would include former State Troopers who have been granted honorable retirements and are no longer involved in law enforcement; and

Whereas, According to the unions, the State removes the names of criminal offenders from the Department of Corrections Offender Search internet page one year after the completion of the person's term of imprisonment; therefore, under the Attorney General's directive, the name of a State Trooper with an administrative rule violation that occurred many years ago would be posted online in perpetuity while the name of a person who served a term of imprisonment for armed robbery would be removed; and

Whereas, While the murder of George Floyd, who was killed during an arrest in Minneapolis, Minnesota, was indefensible and unjustified, the release of the names of officers who have been disciplined in the past is not a deterrent  to that type of conduct as the violations have already occurred and the suspensions have already been served; and

Whereas, Based upon the joint statement released by the State Troopers Fraternal Association, the State Troopers NCO Association of New Jersey, and the State Troopers Superior Officers Association, the State Troopers unions are willing to consider releasing the names of troopers who were found guilty of excessive force or racially biased incidents if the unions are involved in the decision; and

Whereas, As a result, the Attorney General is urged to negotiate with law enforcement unions, following the proper contractual and legislative processes, and in accordance with those negotiations, to modify the law enforcement directive to prohibit the disclosure of the identities of law enforcement officers, including State Troopers, who were disciplined in the past or limit the disclosure to the names of officers who were found guilty of excessive force or racially biased incidents; now, therefore,

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    The Legislature respectfully urges the New Jersey Attorney General to negotiate with law enforcement unions, following the proper contractual and legislative processes, and in accordance with those negotiations, to modify the law enforcement directive that allows the public disclosure of the identities of all officers who committed serious disciplinary violations in the past to prohibit this disclosure or limit the disclosure to names of officers who were found guilty of excessive force or racially biased incidents.

 

     2.    Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the New Jersey Attorney General.

STATEMENT

 

     This resolution urges the New Jersey Attorney General to negotiate with law enforcement unions, and in accordance with those negotiations, modify the law enforcement directive that allows the public disclosure of the identities of all officers who committed serious disciplinary violations in the past.

     The New Jersey Attorney General issued a Law Enforcement Directive on June 15, 2020 requiring all law enforcement agencies in the State to begin publicly identifying officers who commit serious disciplinary violations.   Under the directive, going forward every State, county, and local law enforcement agency in this State is 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 December 31, 2020.  The directive also permits law enforcement agencies to identify officers who have committed serious disciplinary violations in the past and provides that the New Jersey State Police, the Division of Criminal Justice, and the Juvenile Justice Commission will publish the names of any officers who have been subject to serious discipline by July 15, 2020.

      According to the directive, the New Jersey State Police, which has published annual reports since 2000 summarizing incidents of major discipline which do not disclose the identities of the State Troopers, intends to update these annual reports with names by July 15, 2020.  As a result, a list of all State Troopers who have committed serious disciplinary violations over the past 20 years will be published.

     The Jersey City Police Officers Benevolent Association, the New Jersey State Policemen's Benevolent Association, the New Jersey State Fraternal Order of Police, the State Troopers Fraternal Association, the State Troopers NCO Association of New Jersey, and the State Troopers Superior Officers Association have urged the New Jersey Attorney General to reverse his decision to release the names of the State Troopers who have been disciplined in the past as, according to the unions, the directive serves only to harass, embarrass, and rehash past incidents during a time of severe anti-law enforcement sentiment.

     According to the unions, the State removes the names of criminal offenders from the Department of Corrections Offender Search internet page one year after the completion of the person's term of imprisonment.  Therefore, under the Attorney General's directive, the name of a State Trooper with an administrative rule violation that occurred many years ago would be posted online in perpetuity while the name of a person who served a term of imprisonment for armed robbery would be removed.

     While the murder of George Floyd, who was killed during an arrest in Minneapolis, Minnesota, was indefensible and unjustified, the release of the names of officers who have been disciplined in the past is not a deterrent to that type of conduct as the violations have already occurred and the suspensions have already been served.

     Based upon the joint statement released by the State Troopers Fraternal Association, the State Troopers NCO Association of New Jersey, and the State Troopers Superior Officers Association, the State Troopers unions are willing to consider releasing the names of troopers who were found guilty of excessive force or racially biased incidents if the unions are involved in the decision.

     As a result, the Attorney General, with involvement from law enforcement unions, is urged to modify the law enforcement directive to prohibit the disclosure of the identities of law enforcement officers, including State Troopers, who were disciplined in the past or limit the disclosure to the names of officers who were found guilty of excessive force or racially biased incidents.