Today, a State Appellate Panel affirmed Attorney General Law Enforcement Directive 2020-5 (AG Directive 2020-5) which made changes to the statewide rules for police internal affairs investigations, known as the Internal Affairs Policy and Procedures (IAPP), applicable to every law enforcement agency in New Jersey.
In June, shortly after Attorney General Gurbir Grewal issued AG Directive 2020-5, police unions representing law enforcement officers from across the state challenged the AG Directive on multiple grounds. While the unions were granted a stay, halting the application of the Directive until after the court could review the challenge, the appellate panel determined that the Attorney General possessed the authority to issue and enforce the Directive, although its retroactive application would need to be reviewed on an as-applied basis.
AG Directive 2020-5 amends the IAAP to require every law enforcement agency throughout the state to publish a synopsis of all complaints in which an officer received final discipline of termination, demotion, or a suspension of more than five days, including the name of the officer, a summary of the misconduct, and the sanction imposed.
The Directive further permits but does not require, county and municipal agencies to release similar information about earlier incidents of officer misconduct resulting in the same sanctions.
You should review this Directive and the Appellate Court decision with your chief of police and/or public safety director for more information.
Contact: Frank Marshall, Esq., Associate General Counsel, fmarshall@njlm.org, 609-695-3481 x137.
