Police discipline record release upheld, but temporarily stayed

The Superior Court of New Jersey, Appellate Division, recently issued a unanimous decision upholding directives 2020-5 and 2020-6 amending the New Jersey Attorney General’s Internal Affairs Policy & Procedures (IAPP), which governs police internal affairs investigations in the state. The attorney general issued both directives in June 2020 in response to the national demands for law enforcement accountability and reform following the death of George Floyd. The Appellate Division’s decision consolidated five appeals filed by New Jersey law enforcement officer unions and interest groups challenging the directives’ validity.

Facts

Directive 2020-5 requires all New Jersey law enforcement agencies to publish records of law enforcement officers receiving disciplinary penalties of termination, demotion, or a suspension of more than five days. The information must be published at least annually and include the officer’s name, a summary of the misconduct, and the penalty imposed. The directive requires publication of final discipline issued during the 2020 calendar year by December 31, 2020. It also permits county and municipal law enforcement agencies to publish similar information about earlier incidents that resulted in major discipline.