This week, an appellate panel in a published decision ruled that the New Jersey Attorney General lacks authority to take over the entire operations of a municipal police department.
The decision centers around New Jersey Attorney General Matt Platkin’s takeover of the entire Paterson Municipal Police Department, without the consent of municipal officials, in March of 2023. As part of the supersession, Platkin removed Chief Engelbert Ribeiro, reassigned him to a position at the Police Training Commission. and appointed a member of the NJ State Police as interim officer-in-charge, before ultimately replacing him with another officer from out of state.
Chief Riberio and the City of Paterson challenged these actions, arguing that the Attorney General has neither the explicit nor implied authority to take over the complete operations of a municipal police department. The League joined this case as amicus in support of this argument.
The court determined that neither existing legislation nor case law grants the Attorney General the power to directly supersede and take over an entire municipal police department without the municipality's consent. While acknowledging the Attorney General’s supervisory authority over law enforcement, the court distinguished this from supersession authority.
The court ordered the Attorney General to return Chief Ribeiro to his position, relinquish control of the PPD to city officials, and provide a detailed report of actions and expenditures during the takeover period within 21 days.
However, the decision has been stayed by the New Jersey Supreme Court after emergent application by the Attorney General.
The ruling, if not altered by the New Jersey Supreme Court, effectively limits the Attorney General's power to take direct control of municipal police departments without either explicit legislative authority or the municipality's consent.
Contact: Lori Buckelew, Deputy Executive Director & Director of Government Affairs, lbuckelew@njlm.org, 609-695-3481, x112.