What would losing Qualified Immunity mean to PBA members? - "The Voice of New Jersey Law Enforcement"
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“The Voice of New Jersey Law Enforcement”
www.njcopsmagazine.com
JULY 2020
What would losing Qualified Immunity
mean to PBA members?
Addressing the State Legislature
NEW JERSEY STATE Editor’s Note: On July 15, NJ State PBA President Pat Colligan spoke at a hearing of
the Senate Law and Public Safety Committee when it heard testimony in person from
POLICEMEN’S BENEVOLENT invited guests concerning various issues relating to police reform. Here are his remarks:
ASSOCIATION
EXECUTIVE BOARD
Thank you, Chairwoman Greenstein, and the members of the committee.
PATRICK COLLIGAN The State PBA represents the majority of New Jersey law enforcement officers
State President at the federal, bi-state, state, county and local levels of government. But re-
gardless of their union affiliation, I know that the men and women who be-
MARC KOVAR come law enforcement officers do so with pride and an overwhelming desire
Executive Vice President to serve the people of their communities.
I hope that we have been asked to participate in this hearing because you
Peter Andreyev 1st Vice President know and trust us. We do not take irrational positions on legislation or mat-
Mark Aurigemma 2nd Vice President ters of public policy. And you know that we bring solutions and expertise to
Eugene Dello 3rd Vice President the table. We always take a thoughtful approach when we enter a debate and
Luke Sciallo 4th Vice President
there is no more critical time for a reasonable discussion on policing and po-
lice officers than now. The State PBA has been in existence for almost 125 years, and in all of
Frank P. Cipully 5th Vice President
that time we have led the charge for a more professional, better-trained and better-respected
Ed Carattini Jr. 6th Vice President profession.
Michael Freeman 7th Vice President I understand very clearly that we are not having a national discussion on policing and the
Bryan Flammia 8th Vice President mistrust of the police simply from one heinous act. I respect that there are those in our com-
munities who do not see the police as friendly, helpful public servants. I am never going to
Robert Ormezzano 9th Vice President
stand here and say we do not have officers who tarnish their badges or commit acts that vio-
Terrance Benson Sr. 10th Vice President late the public trust. I was among the first law enforcement professionals in New Jersey to call
Rodney Furby 11th Vice President George Floyd’s death a murder and a shameful act that shocked the conscience.
Patrick Moran 12th Vice President We are not trained to be social workers, and sometimes circumstances that involve violence
can’t wait for one. Mental illness is a perfect example, and, as you know from the statistics here
in New Jersey, the majority of police deaths involve people with mental illness. Government
Michael Kaniuk Financial Secretary
made that the problem of the police when you legislated the closure of our state’s mental
Margaret Hammond Recording Secretary health institutions. We did not ask for those encounters, and we have never been sufficiently
John Monsees Treasurer trained to deal with them. So do not blame officers when dangerous, split-second decisions
about the public safety are dropped in their lap.
Joseph Macones Trustee
I know that you are curious about where the State PBA stands on major reform issues like
training, licensing and funding for policing. I say frequently that New Jersey’s officers are the
Michael Heller Trustee best trained and most professional in the U.S. That is not a brag. It is a reality. You can train as
Keith Curry Trustee an officer here and get hired on the spot almost anywhere in the nation. But we do not accept
Christopher Ricciotti Trustee training from other states as equal to ours. Whether in the police academies or as continuing
John Granahan Trustee education, our officers spend most of their adult lives in training for this profession. There
is a reason why we are the densest state in the nation and yet we rank 47th in the country in
Christopher Ebert Trustee
officer-involved, deadly-force encounters.
Brian Brownlie Trustee Which brings me to the Police Training Commission. Back in 2008, the State PBA fought
to prevent former Attorney General Milgram from disbanding the PTC. Since that time, and
Michael Palmentieri Sergeant-at-Arms through the Christie Administration, staffing for the PTC has dwindled to single digits. The
Stephen Warren Sergeant-at-Arms
legislature continues to mandate more training, but you’ve effectively crippled the effective-
ness of the agency designed by law to do the job.
Joseph Sles Sergeant-at-Arms
We believe the PTC should be empowered with the flexibility and oversight to enhance the
Carlos Calderin Sergeant-at-Arms training and professional standards for law enforcement. The PTC recently approved a licens-
Joe Savittieri Sergeant-at-Arms ing provision for New Jersey police. As a PTC member, the State PBA voted in support of that
Anthony Pulizzano Sergeant-at-Arms concept. Licensing sounds like a powerful word, but it doesn’t create a perfect cop. Don’t for-
get that Minneapolis licenses its police officers, too. In the end, the officer who killed George
Winslow Land Sergeant-at-Arms
Floyd has forfeited his job forever, just the same as if any New Jersey officer committed a felo-
Robert Magee Sergeant-at-Arms ny or any official misconduct today without licensing.
Hassan Estrada Sergeant-at-Arms We want to work with you to empower the PTC to review a police officer’s job under cer-
Vincent Rizzo Sergeant-at-Arms tain circumstances. The internal affairs process and the authority of a county prosecutor al-
ready have standards to take cops off the streets. But a Police Training Commission with a set
4 NEW JERSEY COPS ■ JULY 2020
of standards, and, most importantly, an understanding of the cade to do so, they have yet to completely fill their ranks. There
training and obligations of the profession and a fair due process is a reason Camden Metro loses more officers to transfer than
for the officer would enhance the profession. anywhere else in the entire northeast, and it isn’t because the
Some people deserve to be fired and some are probably not job is dangerous. What happened there was wrong. Union bust-
cut out for police work. But out of nearly 40,000 state troop- ing is not the solution to building a better police force. Make no
ers and other state, county and local law enforcement officers, mistake about it, Camden was NOT an example of defunding
those people are few and far between. I am asking you to help the police.
stop the false PR campaign that every town is hiding a “bad cop.” When elected officials and those completely unfamiliar with
As I am sure you heard from the attorney general, New Jersey the law enforcement community jump on the bandwagon for
has adopted an “Early Warning System” in 2018 to help identify dramatic change because of a horrific incident in a faraway
officers who have issues on the job so that they can be directed state, it profoundly affects morale. I am not implying that we
to guidance and support. This will help agencies and the public should be stagnant and not change, but I am saying that many
know that a potential bad apple has been identified, given an of the changes I am seeing around the country will have a pro-
opportunity for correction or shown the door. We support this found effect on crime prevention and crime rates. Please make
endeavor as a fair system for evaluation and would ask that you no mistake about it: The murder of George Floyd was not an ac-
give it time to work. cident. He was murdered at the hands of a depraved individu-
I also want to say a few words about funding for police. We al who we all now know should have never worn a badge. Like
hear a lot about defunding the police. To some, it means using others in my profession, and like others in all our professions,
government resources for social services that could better serve those individuals tarnish the hard work and dedication that we
to keep people out of the criminal justice system. And to some, all commit to.
it means what it says: cut all funding and close police depart- But I beg you to remember that police officers are hurting,
ments for good. too. The phrase “systemic racism” is patently offensive. I reject
The first obligation of government is for the safety of the peo- that premise and call on you to reject it. We deserve more re-
ple. You can’t have a free and prosperous society if people feel spect than what we are getting and piling on us does not make
unsafe. I hope that nobody is immune to or ignoring this in- our communities any safer. Nor does it improve police relations
credible rise of recent violence we have witnessed around the with anyone. It merely drives away good, professional people
country. It certainly isn’t at the hands of the police. This exper- from wanting to take the job and it forces active officers to sec-
iment of defunding the police and letting politicians make po- ond-guess if putting their life at risk every day is worth it when
licing decisions has already reared its ugly head with breakneck forces in the media and in government treat us all as potential
speed. Look at what is happening right now across the river in criminals.
New York City, or what happened in the so-called autonomous I have not seen officers more dejected than I do today. The
zone in Seattle, where serious crime exploded when the police flood of retirements by officers is already national news. We had
were driven out or handicapped by politicians. New York just a national recruiting problem before May 25. If the list of people
had its bloodiest June on record since 1996. Shootings in New who want this job is so long, then Camden’s ranks would have
York are up more than 200 percent, and we are seeing signifi- been filled the day after Camden Metro opened.
cant rises of violence right here in our own state. It seems the I am proud to be a police officer. I am proud of the men and
only group not surprised by these incredible numbers are the women of the State PBA and I am going to continue to be a voice
police. demanding respect for our profession as we continue to serve
But we only need to go back to just after the 2008 fiscal crisis New Jersey as the best our nation has to offer.
to see what cutting police did around the state. Our towns lost Let me conclude by saying again that I appreciate your
tax revenue and state aid in 2010. Cops were laid off and crime thoughtful approach to discussing this issue. We hope to be part
rose, especially in places like Trenton, Paterson and Camden. of the discussion of any bill that is considered before it comes
The first things cut are community policing units, then gang up for a hearing and that you will continue to rely on our exper-
and gun task forces and then calls are prioritized. tise and honesty.
“A bullet hit your house but no one is hurt. We aren’t sending a I have to address two issues that were brought up by the attor-
cop. Fill out a report at the station.” ney general. I was actually offended that he characterized our
That is not a fictional story. It is a balancing act. If you want lawsuits from the five law enforcement unions in New Jersey
more community policing, don’t allow our budgets to be so as hiding rogue cops. We have had a seat at the table with the
slashed that we can’t provide basic services on top of that. If attorney general, and we appreciated it for every single policy
you want a professional, highly trained and experienced law that’s come out. We’ve brought great change to this state since
enforcement profession, there needs to be funding for it. You the attorney general took over. He came out with that policy on
can mandate all the training you like, but it is government’s ob- a Tuesday. We knew nothing about it. Before we filed the suit, we
ligation to fund it. sat with him for two hours and told him what our issues are. Our
Is the Camden policing model the answer? The national me- issues are specifically related to officers who did not violate the
dia seems to think so, but those who really know what occurred public trust. If you want to expose an officer who violated the
there know that Camden Metro set a dangerous precedent that public trust for the last 50 years, I’ll support it. But if you want
today is full of smoke and mirrors. They use crime statistics that to expose officers who were merely given major discipline for
occurred after the department was almost halved, and they minor offenses, alcohol abuse or possibly domestic violence,
continue to take the credit when the entire state experienced a you’re going to cause harm to those officers for the rest of their
drop in crime in virtually every crime category. careers.
I will tell you what happened there. In short, the city and the Again, I’ll never discount that we have bad cops. We always
union couldn’t agree on a contract, so the powers that be simply will, despite psychological testing we do. But I’ve said it in the
refused to hire officers. Crime exploded as a result and the po- press and I’ve said it here, we root them out faster than we ever
lice department and its union contract was replaced. The new did. I sincerely appreciate the opportunity to discuss those im-
contract is an embarrassment and, despite having almost a de- portant issues with you today.
www.njcopsmagazine.com ■ JULY 2020 5
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JULY 2020
Checking your QI IQ MITCHELL KRUGEL
Publisher and Editor
mitch@njcopsmagazine.com
How much do you know about qualified
immunity – QI? Or, more importantly, what DEANNA HUNTER
will happen if your protections under qual- Vice President
of Sales and Operations
ified immunity are reduced or eliminated? dee@njcopsmagazine.com
While advocacy groups targeting law en-
forcement believe that reducing QI will cre- GINA CROTCHFELT
ate the accountability they think is needed, Art Director
such action would really keep officers from gina@njcopsmagazine.com
being able to do their jobs and cause crime What would losing Qualified Immunity
rates to soar. As the issue develops, here is KAREN STAHL
mean to PBA members? Staff Writer
some vital information all NJSPBA members
karen@njcopsmagazine.com
need to know about QI and what to do as it
is called into question.
AMBER RAMUNDO
Plus… Staff Writer
A QI refresher amber@njcopsmagazine.com
In the NJ State PBA Legal Corner, attorneys Bob Fagella and Paul Kleinbaum review how qualified
immunity works .......................................................................................................................................... Page 12 ED CARATTINI JR.
PBA Photographer
ecarattinijr@yahoo.com
Directive action news@njspba.com
When the attorney general issued a directive to make public the names of officers who
have been subjected to discipline the past 20 years, the PBA organized a coalition to stop KIMBERLY FLYNN
him in his tracks ........................................................................................................................................... Page 36 REBECCA HUTCHINSON
DEVON RICHARDS
Recovery missions Copy Editors
Elizabeth Local 4 Eddie Lozada and Manchester Township Local 246 member Antonio Ellis battled
for their lives while hospitalized for months and intubated on ventilators in medically induced DAN RAPPOPORT
Founder
comas. Here are their amazing stories of recovery from COVID-19 .......................................... Page 42
A hunger to help If you have a news tip or a press release,
Through outreach and volunteerism that exceeds typical work demands, Division of Criminal email information to news@njspba.com
Justice (DCJ) Detectives Local 383 is making itself known as a vital supporter of the community,
including helping with Farmers Against Hunger ............................................................................ Page 46 JULY 2020 ■ Vol. 24, No. 7
New Jersey COPS, known also as NJ Cops Magazine, is a monthly
Listen and learn publication dedicated to law enforcement and criminal justice pro-
With the recent introduction of Speaking Cops: The Back-the-Blue Podcast, members have anoth- fessionals operating in the State of New Jersey. ©2020 KRURAPP
COMMUNICATIONS, INC. Reproduction of any part of this magazine
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Also in this issue... the New Jersey State Policemen’s Benevolent Association (NJSPBA)
assume any responsibility for the return of unsolicited material. The
acceptance of advertisements by New Jersey COPS does not consti-
President’s Message .....................................Page 4 Response Time ............................................Page 28 tute an endorsement of the product or services advertised. Neither
Executive Vice President .............................Page 7 Around The State ........................................Page 54 the Publisher, the NJSPBA, or any of their officers and/or employees,
The 4-1-1...........................................................Page 8 make any warranty, express or implied, including the warranties of
Training ..........................................................Page 60 merchantability and fitness, for a particular purpose, or assume any
Legislative Report.......................................Page 10 legal liability or responsibility for the accuracy, completeness or use-
Home Team...................................................Page 66
Pension Benefits Report...........................Page 14 fulness of any information, apparatus, product, service provider or
Education ......................................................Page 69 process included in any advertisement or editorial content. The views
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Corrections ...................................................Page 20 Health and Wellness ..................................Page 71 not necessarily state or reflect those of either the Publisher or the
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6 NEW JERSEY COPS ■ JULY 2020
Marc Kovar
Executive Vice President
A message to those who want to defund law enforcement:
Be careful what you wish for
All across America, violence is taking over our streets. Just turn group by those we protect. In these difficult times, it can be tough
on the news channel of your choice and you will consistently see to remember that the pendulum will swing back, once again re-
that we are experiencing more violent crime in neighborhoods minding people that we are on the good side, we agree that bad
across the country. actors need to be rooted out and all of law enforcement cannot be
This violence impacts all of us. Families, children and, yes, law cast under the same shadow as the few around the country who
enforcement officers are experiencing an increased threat level as have not honored the badge.
we continue to navigate through these unique times. I recently came across a write-up about our profession and the
Fourth of July weekend crime statistics should speak volumes badge we wear that I would like to share. The author is unknown.
to everyone paying attention. Two uniformed police officers were Yes... let’s all join in the hatred of all police for the sins of a
shot at while sitting in a marked SUV police vehicle right outside a few. Let’s defund one of the most important public institu-
precinct in the Bronx. New York City police reported 44 shootings tions in our country’s history. Let’s have all badges removed
with 63 victims across the five boroughs while, at the same time and allow people to tend to their own safety and security.
last year, there were 16 shootings during the holiday weekend, But before you do so, let me tell you about the badge and the
with 21 victims. thousands of good men and women it represents.
Baltimore, Baton Rouge, Chicago, Cleveland, Memphis and This badge ran toward certain death as the towers collapsed
Omaha also experienced multiple shootings. And there was a on 9/11.
gang-related shooting at a lounge in Greenville County, South Car- This badge ran into the line of fire to save the people in the
olina, that left two people dead and eight injured. Pulse nightclub.
Of course, it is even more disturbing when the violence impacts This badge sheltered thousands as bullets rained down from
children. An 11-year-old boy was shot in southeast Washington, the Mandalay Bay resort in Las Vegas.
D.C., after a Fourth of July anti-violence cookout. In Chicago, a This badge protected a BLM rally that left five officers dead
7-year-old girl was fatally shot standing outside of her grand- in Dallas.
mother’s house. In Atlanta, an 8-year-old girl was shot and killed This badge ran into the Sandy Hook School to stop a school
near the Wendy’s where protests sparked after the officer-involved shooter.
shooting of Rayshard Brooks. All of these incidents occurred This badge killed the Oregon District mass shooter in sec-
during the holiday weekend. onds.
And yet, we still have calls to “defund the police.” In protest This badge has done CPR on your drowned child.
marches across the country, people hold banners and chant slo- This badge has fought the wife-beater who left his spouse in
gans that condemn members of law enforcement who are guilty a coma.
of nothing more than simply putting on a uniform and pledging to This badge has run into burning buildings to save the occu-
protect our streets and neighborhoods. pants.
Along with these protests continuing throughout New Jersey This badge has been shot for simply existing.
and the entire nation, we have appointed and elected officials who This badge has waded through flood waters to rescue the el-
are willing to enflame an already volatile situation the second they derly trapped on the roof.
see a microphone or have a moment to fire up their social media, This badge has intentionally crashed into the wrong-way
choosing to spark further discord between law enforcement and driver to protect innocent motorists.
the communities they serve. These same officials are victimizing This badge has helped find the lost child so his mother would
law enforcement officers through senseless directives and threats stop crying hysterically.
to their qualified immunity that would only increase the problems This badge has helped the injured dog off the road and
they seek to extinguish. rushed it to the vet.
With crime spiking and violence seizing streets across the coun- This badge has escorted the elderly woman across the street
try, I find it stunning that people would still call for defunding law because she couldn’t see well and was afraid to cross.
enforcement. This is illogical. Attempting to defund police while This badge has bought food for hungry kids because they had
persecuting every officer for someone else’s crimes is hurtling us been abandoned.
toward an environment in which it will be hard to find quality can- This badge has been soaked in blood and tears.
didates to choose careers in law enforcement. This badge has been covered by a mourning band to honor
For most of us, our job is our life, and the pride we take in hav- those who have sacrificed everything in service.
ing a positive impact on our communities is the most rewarding You may hate me because I wear it. But I wear it with pride.
aspect. It wasn’t long ago that we were hailed as frontline heroes Despite your hate and your anger, I will await the next call
for being the ones stepping forward to help combat this unprec- for help. And I will come running without hesitation. Just like
edented pandemic and continuing to do the little things, like the thousands of men and women across this great nation.
spearheading drive-by parades for children’s birthdays and show- This badge.
ing hospital workers how much their communities appreciate all Always be safe every shift and look out for each other. Your most
they’ve done battling the deadly coronavirus. important job is making it home safely to your family. As always,
Today, we remain on those front lines, continuing to lead the keep all of our brothers and sisters in law enforcement who have
charge in that fight even as we are attacked and criticized as a given the ultimate sacrifice in your thoughts and prayers.
www.njcopsmagazine.com ■ JULY 2020 7
THE 411: Fundraisers and Fun
Aug. 14–Sept. 13 Oct. 4 Nov. 14
Virtual One More Tri for Special Olympics Lincoln Tunnel 5K Challenge to Benefit Thanks4Giving Dash & Splash Supported
New Jersey Special Olympics of NJ by the Law Enforcement Torch Run for
Unified triathlon experience where triath- Lincoln Tunnel Special Olympics New Jersey
letes of all skill levels compete side-by-side 400 Blvd. East, Weehawken
The Grand Arcade of Convention Hall
with Special Olympics athletes 6–11 a.m.
For more information, visit https://www. 1300 Ocean Avenue, Asbury Park
8 a.m.
sonj.org/events 10:30 a.m.–1:30 p.m.
For more information, visit www.onemore-
tri.org/ Oct. 9 For more information,
NJSPBA Pension Seminar visit www.thx4giving.org
Sept. 26
2020 Plane Pull to Benefit Special Ocean County Police Academy Dec. 1
659 Ocean Ave., Lakewood
Olympics of NJ NJSPBA Pension Seminar
9 a.m.
Newark Liberty International Airport Stamler Police Academy
For more information, call 732-363-8710 or
Brewster Road, Newark 1776 Raritan Road, Scotch Plains
visit www.oceancountypoliceacademy.org
Noon–6 p.m. 2 p.m.
For more information, please contact Beth Oct. 24
Bike SONJ: Ride for Inclusion For more information, call Lisa Martinez at
Starr at bas@sonj.org
Skillman Park 908-889-6112 or visit www.njspba.com
Sept. 28 Main Boulevard, Skillman
New Jersey Law Enforcement Golf Classic 8 a.m.–2 p.m.
More info coming soon! 2020 NJ STATE PBA
to Benefit Special Olympics of NJ
MEETING DATES
Pebble Creek Golf Club Nov. 2–10
40 Route 537 East, Colts Neck NJ State PBA 2020 Annual Convention Sept. 15: Pines Manor, Edison
9:30 a.m.–2 p.m. San Diego Oct. 20: Pines Manor, Edison
Nov. 2-10: NJSPBA Main Convention
For more information, visit For more information,
Dec. 8: Pines Manor, Edison
https://www.sonj.org/events visit www.njspba.com
8 NEW JERSEY COPS ■ JULY 2020
LEGISLATIVE REPORT
Our new normal is
anything but normal
In the middle of any other summer, the New We are somewhat fortunate that the NJ State Legislature has
Jersey legislators would be nowhere near Tren- taken a fairly measured approach in discussing police conduct
ton. This is not any other summer. The delay and training. Of the issues that have moved to date, we have
in routine springtime legislative activity due to only publicly opposed legislation to create civilian review
the coronavirus crisis, demands for police re- boards in every town. We have also taken steps to oppose leg-
forms and the need to find billions in lost reve-
islation to make police IA files subject to the Open Public Re-
nue before the temporary state budget expires
cords law. Each of these bills are misguided and unnecessary.
ROB NIXON at the end of September has brought senators They risk exposing witnesses and victims to public disclosure
and assembly members out of vacation mode
for a summer full of legislative activity. And as and they could impact potential criminal investigations.
usual, the State PBA is in the middle of the action. However, following the Senate Law and Public Safety Com-
It can’t be stressed strongly enough that the coronavirus mittee hearing on police reform in mid-July, it is obvious that
has disrupted the lives of billions around the world. And while much more discussion is on the horizon. As we have always
nothing can compare to the sickness and death of so many done, we will provide professional analysis for legislators
and the economic ruin it has caused, the virus has significant- about how their bills will improve or impede law enforcement.
ly impacted the NJ State PBA’s legislative goals, as well as ev- But we will strongly oppose any bill that will make a law en-
eryone with a cause in Trenton. forcement officer a target for attack, shame or litigation.
The State PBA began 2020 with an aggressive legislative
We certainly did voice our opposition when the Congress
agenda. In addition to finally correcting the blatantly bureau-
passed a police reform bill that would strip officers of their
cratic and political halt to 20-and-out retirements, we had leg-
islation drafted to update the process for retiree right to carry, qualified immunity status. The State PBA’s legal counsel pro-
to address some abuses in Class 2 Special hiring, to ensure vides explanation of qualified immunity in an article on page
prosecutor’s office detectives could fundraise and several oth- 12 of this issue. But, in short, the judicial theory protects offi-
er issues. It was a well-rounded agenda that touched on every cers from personal lawsuits for accidents or acts that did not
aspect of the law enforcement profession. knowingly violate the law. We sent members of the New Jer-
For example, when the NJSPBA Mini Convention was wrap- sey congressional delegation a detailed letter expressing our
ping up in early March, we were testifying in the Senate on our concern with eliminating qualified immunity for law enforce-
proposal to restore 20-and-out for all PFRS members. The bill ment, and we held a number of conference calls with mem-
was moving fast and it was scheduled for hearings and final bers of Congress.
votes in both houses right around St. Patrick’s Day. We were
But despite our analysis the law passed the House in a par-
picking up speed, but the virus took control of Trenton. When
all legislative activity stalled in Trenton, so too did the bill. But tisan vote before stalling in the Senate. Only NJ Congressmen
that doesn’t mean it is stopped for good. We have continued Jeff Van Drew and Chris Smith supported us and stood with
our lobbying efforts on it as the summer progresses, and we the State PBA in opposing the change in the law. We are grate-
will be pushing to regain our momentum during the next few ful to Congressmen Van Drew and Smith for standing up for
weeks. New Jersey’s law enforcement officers.
Perhaps more pressing on the morale and future of the law To be sure, the world and our state are not back to normal.
enforcement profession is the dramatic call for police reforms Legislative hearings are still being done remotely. Meetings
in the wake of the George Floyd incident. I think everyone are still being held by Zoom for many legislators. Face-to-face
would agree that there is always room for law enforcement lobbying is more difficult and the State House and staff offices
to focus on better training, better techniques and enhanced
remain closed. But we have adjusted to this new norm and our
community interaction. The State PBA does not find prob-
efforts remain in full engagement. We have a lot of challenges
lems in making law enforcement more professional. But when
politicians and activists call for measures that will impact the to face ahead of us. But the NJ State PBA is the best-equipped
safety of officers, weaken their ability to respond to serious is- organization to fight to protect the law enforcement profes-
sues and make officers themselves a target for scorn and civil sion and its members at this most critical time in our shared
litigation, that hits the core of the State PBA mission: to defend history.
our members against those attacks. Be well and be safe.
10 NEW JERSEY COPS ■ JULY 2020Court bars AG from releasing
names and personnel records
On July 8, the NJ Appellate Division grant- age to their reputations and would create pos-
ed the request by the NJ State PBA and a sible risks to their safety, among other issues.
number of other law enforcement unions The attorney general filed an emergency
for a stay of the two attorney general’s direc- request asking the NJ Supreme Court to dis-
tives requiring law enforcement agencies to solve the stay and allow him to enforce the di-
release the names of law enforcement offi- rectives and release the names and informa-
cers who were issued major discipline since tion. On July 9, the Supreme Court denied the
2000. The directives apply to all law en- attorney general’s request. The case will be
forcement agencies in the state. A number argued before the Appellate Division in Sep-
of agencies intended to release and publish tember, which will then issue a decision on
this information by July 15. The stay means whether to permanently block the attorney
that law enforcement agencies cannot pub- general’s directives. We expect that a decision
lish the names of law enforcement officers will be issued before the end of this year.
who have been issued major discipline and Why is qualified immunity an important
summaries of that discipline pending fur- protection?
ther order of the court. The May 25 death of George Floyd has
The directives define major discipline to be terminations, brought heightened attention to the roles, duties, respon-
demotions and suspensions of more than five days for any sibilities and rights of law enforcement officers. There have
reason, even relatively minor infractions. We argued on behalf also been calls for police reform on the federal and state lev-
of the NJSPBA that the directives violated the Open Public Re- els. One of the issues that has been discussed is the reform
cords Act, and the confidentiality with which the AG treated or elimination of the defense of qualified immunity for law
this information and these records for decades violated agree- enforcement officers. Here is some information about the sig-
ments settling disciplinary charges, promised confidentiality, nificance of qualified immunity and the benefits and limits of
which officers had entered into since 2000, would cause dam- the doctrine.
12 NEW JERSEY COPS ■ JULY 2020Generally speaking, the doctrine of qualified immunity pro- 2015), qualified immunity was denied when a detective con-
tects law enforcement officers from personal liability for civ- ducted a warrantless entry into a suspect’s home without con-
il rights violations when the officers act in the performance sent and in the absence of exigent circumstances. The court
of their official duties. This protection extends to lawsuits concluded that a reasonably competent officer would under-
brought against officers under both federal and state civil stand that the search was illegal.
rights laws. This would include cases such as excessive force, In sum, whether an officer is entitled to the defense of qual-
searches and seizures, warrant executions and the like. The ified immunity will depend on the facts of each case. Where an
rationale behind the doctrine is that law enforcement officers officer acts under probable cause, or under the reasonable be-
should carry out their duties without having to worry about lief that probable cause existed, qualified immunity will pro-
the possibility that they might be sued personally for damages tect the officer from personal liability for monetary damages.
over what are often split-second decisions. Critically, the doctrine protects officers even if their actions
An exception arises, however, when the officer’s conduct is were mistaken, or even negligent. And, because the issue is
found to be objectively unreasonable. In other words, the de- decided by a court early in litigation, it can avoid officer in-
fense of qualified immunity does not apply in every case in volvement in extensive legal proceedings. Only when a plain-
which an officer is sued. Qualified immunity will not be avail- tiff seeks non-monetary or injunctive relief, or when it can be
able when officers knowingly have violated the law or act un- shown that no reasonably competent officer would have acted
reasonably in the performance of their duties. Qualified im-
in the manner alleged, will qualified immunity will be denied.
munity also only applies in cases in which a plaintiff is seeking
The modification or loss of the qualified immunity defense
monetary damages against an officer. It does not apply if the
on the federal or state level would have a significant impact. As
damages being sought are non-monetary, which is very rare.
of now, the qualified immunity defense continues to protect
Whether an officer is entitled to qualified immunity will be
officers. Recently, at least one state, Colorado, passed legisla-
determined based on a two-part test. It is usually an issue that
is decided before trial on a motion after the completion of pre- tion that eliminates qualified immunity in that state. There is a
trial discovery. First, a court determines whether the alleged bill in the U.S. House of Representatives that would eliminate
conduct violated a statutory or constitutional right. Second, the qualified immunity defense for federal civil rights actions.
the court must determine whether the right was one that is As of this writing, we are not aware of any bills in New Jersey
clearly established. Whether a right is clearly established is that would eliminate the defense for state civil rights actions.
determined by finding whether a reasonable officer in the We will continue to monitor this issue and keep the NJSPBA
same situation would understand that his or her actions were and its members advised of any developments.
unlawful. Thus, when an officer acts with probable cause, or,
even if probable cause does not exist, if a reasonable officer
would have believed probable cause existed, the officer will be
entitled to the defense of qualified immunity. Only if it is ob-
vious that no reasonably competent officer would have acted
in the manner alleged, will qualified immunity will be denied.
Some examples may help illustrate how qualified immunity
is applied. In the case of Morillo v. Torres, 222 N.J. 104 (2015),
the New Jersey Supreme Court determined that the defense
of qualified immunity was proper. In this case, a law enforce-
ment officer, while executing a child support warrant, arrested
the suspect on charges of possessing an illegal handgun. The
suspect turned out to be in lawful possession of the firearm,
and sued the officer for wrongful arrest. The suspect had been
arrested while parked outside of his mother’s home, where he
resided. As the officer approached the suspect’s idling vehicle,
he observed the suspect smoking marijuana.
The Supreme Court found that there was an ambiguity in the
firearms statute regarding the specific facts of the case – pos-
session of a handgun in common areas of a property where a
suspect resides but which the suspect does not own. Based on
that ambiguity and the existence of probable cause, there was
a basis to conclude that any other “reasonable officer” would
have acted similarly under the circumstances. As a result, the
court held that the officer was entitled to qualified immunity.
Similarly, in Sanducci v. City of Hoboken, 315 N.J. Super. 47
(App. Div. 1998), a suspect’s arrest for stalking was support-
ed by probable cause because the officer acted reasonably in
relying upon the sworn statement given by the suspect’s ad-
versary after a dispute escalated into a physical altercation.
Again, the court found that the officer was entitled to qualified
immunity.
In contrast, in Brown v. State, 442 N.J. Super. 406 (App. Div.
www.njcopsmagazine.com ■ JULY 2020 13PENSION BENEFITS REPORT
The top 10 signs
you’re ready to retire
10. You have realized the pros outweigh the 5. You have attended my retirement seminar six times in dif-
cons. Some of you may have begun to think ferent parts of the state.
about your lists debating retirement versus work- 4. You went to the seminar held by the Division of Pensions,
ing and have realized that it’s better to be retired. just in case.
9. You have spent the last few months careful- 3. You’re jealous of the guys who are already retired.
ly planning how you will cash out your unused 2. You have rented an Airbnb in Florida for a week to see what
sick, vacation, personal days and comp time. You it’s like to live there.
have done the math about 17 times and debated 1. You just sent your proof of age to the Division of Pensions
PETER whether you should take one lump sum or in-
so you can complete your retirement application on MBOS.
ANDREYEV stallments from your employer.
All joking aside, in order to have a good plan going into retire-
8. You have started your countdown to retire-
ment on your phone. Let’s face it — most of you ment, you need to make sure you have cleared most, if not all, of
have the app. your debt, make sure your deferred comp plans have an ample
7. You have asked your delegate if you have to pay Ch.78 con- amount for you to take into retirement and make sure you can
tributions for your healthcare in retirement, or you are Ch.330 live on your budget. Only you know when it is time to retire.
eligible and you’ve looked at the 2020 rates and wondered if If you need any help with the retirement process or just have
they are ever going to go down. questions, call or email me and we can even set up an in-person
6. You are working as many outside road jobs as possible to appointment to discuss your retirement.
save for retirement. Enjoy the rest of the summer and stay safe and healthy!
14 NEW JERSEY COPS ■ JULY 2020LABOR RELATIONS REPORT
The ins and outs of
filing valid grievances
We all hoped that as summer heated up the la- your contract risks having your grievance called improper by
bor relations issues created by COVID-19 would the employer.
cool down. Unfortunately, that hasn’t yet hap- Write a proper grievance. Follow the instructions on the
pened. With the novel coronavirus came novel grievance form. Be brief and give just the facts. Complete all
responses by police administrators and govern- necessary pages so that your PBA rep can properly process your
ing bodies. That led to an old problem Locals grievance. If your agency or local does not use a grievance form,
face: deciding whether a complaint is a legiti- every written grievance should be short and simple. If there
mate grievance. are specific requirements within the grievance language, then
MICHAEL An officer being assigned to a recognized foot those requirements must be followed. However, regardless of
FREEMAN patrol beat while it’s snowing is not considered the contract language, three items must be contained in every
a valid grievance. Nor is a co-worker’s insistence written grievance:
on showing you over and over again the pictures 1. Protest the action.
of his new grandson. But how about nights when the DHS de- 2. Demand that it be stopped or corrected.
clares a “Code Blue” to prevent death and injury among home- 3. Demand a remedy.
less people during extreme weather conditions and offers a If you cite articles or sections of the contract, add phrases
patrol car as an option for shelter? And what if the proud new such as, “and any other relevant articles or sections of the con-
grandfather is your captain and he’s insisting that you look at tract.” If you add dates or times, add the phase “on or about.” If
photos at the end of your shift, causing you to stay beyond the you name witnesses, add a phase such as, “and any other wit-
overtime grace period in your contract? nesses of whom we are not currently aware.” Again, keep griev-
Determining what is a grievance and what is not can be tricky ances concise. Only add additional information if it’s necessary
— and it’s an important distinction to get right. A Local rep who under the contract’s grievance procedure language or if it is
pursues non-grievances quickly loses his or her credibility with necessary for a basic understanding of the issue.
members and the employer. On the other hand, a Local rep who Sample Grievance
turns away members’ legitimate complaints in the belief that 1. We, the Anytown Local 999, protest the new policy of the
they aren’t valid will quickly find him or herself off the Local Ex-
police department requiring the purchase of customized
ecutive Board.
duty-boots only available at the Mayor’s shoe shop begin-
Every PBA member has a right to file a grievance according
ning on or about July 1, 2020. This is a violation of Article
to the grievance procedure detailed in their contract. For that
XX, Uniform Maintenance and all other relevant Articles
reason, every member should be familiar with their entire
and Sections of the Contract. Jim Smith and Sally Jones
contract. Most contracts identify the steps members can take
were witnesses to the effects of the policy, as were other
without local approval. If you’re uncertain, talk first with your
witnesses of whom we are not currently aware.
state delegate or president for guidance. Some towns will use a
standard grievance form that’s incorporated into the grievance 2. We demand that the policy be rescinded immediately.
procedure. Some locals will have their own form created by the 3. We also demand that the department create a voucher
Local’s attorney that’s submitted to the grievance committee for system for the purchase of mandatory uniforms and/or
initial review. equipment required by the department.
If you need to file a grievance, you must follow every pro- Provide evidence and explanation. Your PBA Rep will do a
vision in the grievance procedure. Ask yourself the following much better job presenting your case if you’re able to offer a
questions first. Remember, every grievance is a gripe, but not all clear and complete description of your case, along with sup-
gripes are grievances. Below are six areas in which a grievance porting evidence. Don’t make your rep do all the work.
could occur: If the problem is shared by two or more of your co-workers,
• Has the employer violated the contract? the Local can file a grievance on behalf of all members or a se-
• Has the employer done something illegal? lect group affected. In the example above, the Local would file a
• Did the employer violate the agency’s own rules? separate grievance on behalf of all members, specifically Smith
• Is the employer singling out you or a small group of your and Jones.
co-workers? When filing a grievance, it’s important to remember that it
• Did the employer change a long-standing practice? may ultimately end before a professional arbitrator who must
• Were you terminated, suspended or disciplined unfairly? follow Rules of Evidence sees it. Opinions are not facts. All opin-
Locate the grievance procedure in your contract and follow it ions must be specifically qualified. It’s a long way from saying
carefully. It will limit the types of issues that are subject to griev- “everyone knows” to proving your case. Hearsay evidence is not
ance. fact. Eyewitness statements must be dated and signed. Pictures,
Process your grievance on time. Be aware of the time limits diagrams, or copies of evidence are also helpful. Facts must be
set forth in your contract. Give your written grievance to your relevant. You need to identify the facts that have direct rele-
PBA representative. In obvious cases, the president should pro- vance to your grievance. Focus on one incident or complaint
cess the grievance immediately. In questionable cases, the pres- per grievance. Separate your issues into separate grievances.
ident should refer it to the grievance committee and have the Facts must be timely. Know the time limits set forth in your con-
committee report findings back to him or her inside the time tract. You can have the best grievance in the world, but it’s no
limits outlined. Failure to follow the grievance procedure in good if it isn’t processed on time.
18 NEW JERSEY COPS ■ JULY 2020NOW DOING TELEMEDICINE CONFERENCING due to COVID-19
The #1 REASON PEOPLE GET SICK (AND CONTRACT
CORONAVIRUS) IS DUE TO LACK OF SLEEP
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855-859-3300CORRECTIONS
We need to get
on board with reforms
Criminal justice and policing reforms are com- How they get there, and how long they stay, is for others to de-
ing at us like a freight train. We need to face the termine. Our concerns lie in the policies surrounding confine-
fact that corrections will undoubtedly be a focus of ment that we must implement and the conditions under which
some of those reforms, and we must therefore be we work.
prepared to address likely changes in our working Additional inmate programming and educational opportu-
conditions. nities. We regard this as another societal issue beyond our ju-
We can view this nationwide focus as an attack risdiction as officers. Our priority is having enough staff to safe-
on our profession, or we can seize this moment as ly accommodate whatever programs and training are offered
an opportunity to address issues that we also rec- while not compromising security. While we support efforts to
BRIAN ognize as problematic. First, we must understand reduce recidivism and promote rehabilitation, until there is a
DAWE that there is no turning back — change is coming. shift in corrections philosophy, our focus must remain on cus-
We can refuse to participate and live with what the tody and control.
reformers come up with, or we can engage with them and seek Use-of-force protocols. We will need enhanced and increased
the reforms we need: more staff, better training, better equip- training in the use of force, as well as incorporating various psy-
ment, an end to private prisons and better pay. chological, spatial and physical self-defense technique alterna-
Below are some of the issues under consideration for reform. tives. This issue primarily deals with updating and increasing
After each point I have included what we consider to be our side annual training. We strongly support additional training.
of the issue. Swift staff discipline and removal. We do not hire, train or
An end to solitary confinement. From our perspective, cer- perform background checks or psychological screening of ap-
tain limitations on cause and duration are understandable; plicants. These are duties of the administration. If a staff mem-
however, we cannot agree to eliminate solitary confinement. It ber is unfit for duty, no one wants them on duty. Correctional
is a critical tool in maintaining staff and inmate safety. officers are outnumbered 80-to-1, or worse, often with violent
Body cameras. We believe all equipment, radios, body cam- inmates that manufacture and conceal deadly weapons. Our
eras, OC spray, cell locks, transportation vehicles, etc. should be “weapons” are limited to each other and our training. If vio-
updated, checked daily and be fully functional. As professionals, lence breaks out, our only hope may be the response time of
wearing a body camera is not a problem. Resistance to wearing fellow staff. Management should not ask us to compromise our
one will only raise public suspicion and the obvious question, only safety net. Don’t expect us to weed out management’s mis-
“Why not?” They also protect us from false accusations, and we takes. They must instead do a better job of pre-hire screening
and offering superior training.
need to embrace, not reject, transparency.
Transparency. At ACOIN, we have been calling for DOC
Mandates to intervene if excessive force is used and to report
transparency for decades. We want to know staffing levels,
wrongdoing by staff if observed. Once every officer is equipped
training hours, forced overtime usage, assaults on staff includ-
with a body camera, these reforms will become self-fulfilling.
ing gassing, prosecutions of inmate-on-staff assaults and recid-
We are already required to intervene and report such incidents
ivism rates, etc. We want to know all those things by which a
and are disciplined if we fail to do so. With the use of body cam-
facility should be judged, but rarely is.
eras, intervention — or the lack of it — will be on tape.
Ending prison privatization. On this issue, we are in com-
De-escalation training. We absolutely agree that this is nec-
plete agreement.
essary, but it begins at the top. Administrators must be retrained
On nearly every one of the issues I listed above, we in law en-
in transformational leadership skills, must evaluate their roles forcement can make an argument that helps achieve some of
in this failing system and must determine how best to trans- the goals of the reform movement while also addressing some
form those roles. For staff, emotional intelligence, stress man- of our own concerns. While we most certainly will not agree on
agement and mental health training from the academy through a lot of what they are trying to accomplish, on those issues that
retirement will enhance de-escalation skills and will help de- impact our work lives there is room for both discussion and
crease tensions behind the walls. Who doesn’t want a less stress- progress.
ful workforce and environment? This freight train is coming down the track; if we’re not pre-
Decrease the inmate population. Some of the legislative and pared to get on board, we are going to be left at the station. We
administrative policy changes that the reform movement seeks need to turn this push for reform from an attack into an oppor-
include: tunity, and thus get the changes we need.
• bail reform
• drug courts and drug law reform Brian Dawe spent 16 years as a state correctional officer in Mas-
• GPS and home monitoring for non-violent offenders sachusetts, beginning on May 31, 1982. He is a co-founder of the
• treatment facilities vs. jails and prisons Massachusetts Correction Officers Federated Union, administra-
• mental health facilities vs. jails and prisons tor of the Corrections and Criminal Justice Coalition and execu-
• reduced sentencing. tive director of Corrections USA and the American Correctional
While many officers have differing opinions regarding these Officer. He is the originator and owner of the American Correc-
initiatives, it’s our job to deal with the population we are sent. tional Officer Intelligence Network (ACOIN).
20 NEW JERSEY COPS ■ JULY 2020Proactive Communication
The NJSPBA had an excellent rapport with the Attorney General’s Office
in reaching goals to benefit the citizens of New Jersey. It also had a great
track record of protecting the law enforcement community. When the
NJSPBA leadership recognized a potential problem, such as a bad piece of
legislation, directive, or conflict dialog taking place, its committees made
recommendations for corrective measures, in order to stave off potential
incidents, harm or litigation.
TOD COLETTA For instance, early in January this year, President Colligan asked if I could
meet with Attorney General Gurbir Grewal to address retired members’
ALTERNATE concerns with New Jersey’s conflicts with Federal LEOSA H.R. 218 law.
STATE Also, during the PBA Mini Convention in Atlantic City in March, Attor-
DELEGATE ney General Grewal and DAG Czepiel had a private — and productive —
meeting that prompted an invitation for the PBA Leadership to attend fur-
ther meetings in Trenton to remedy potential issues.
In that initial meeting with Grewal, recorded in the March 2020 issue of NJ Cops Maga-
zine, I was quoted at the end as saying, “I’m grateful you are letting us speak here today. It’s
the best way to get perspective from the other side.” Grewal responded, “I hear you, man,
we want to get things right.”
That is the professional way for the PBA and Attorney General’s office to interact and
handle matters of concern — coming to a remedy with cooperation, perspective, and di-
alog.
Perspective Lost
Communication and perspective have broken down, first due to the COVID-19 pan-
demic and then due to the murder of George Floyd, a tragedy that should never have taken
place. Minneapolis Officer Chauvin, who knelt on Floyd’s neck for almost nine minutes,
was rightfully charged and must be held accountable. But his agency also must be held
accountable for knowing that the officer had a troubled past and never should have been
a Field Training Officer (FTO) of two other officers with less than five days on the job.
As for this case, it would not occur in New Jersey, as law enforcement officers are prop-
erly trained to keep suspects in a seated position once they are secured and handcuffed,
and early warning signs of troubled employees are addressed and corrected with dismiss-
al or remedial training.
In light of getting things right, the attorney general should have asked for PBA input
before posting Directive 2020-05 that released the names of law enforcement officers in-
volved in major discipline. New Jersey should continue to release to the public the Month-
ly Internal Affairs Index that shows when an officer is under investigation and when the
investigation is sustained, not sustained, withdrawn or unfounded. If sustained, the pen-
alty disposition should remain public information.
For instance, there are several retired law enforcement officers, who are now working for
Fortune 500 companies, who may have had a five-day suspension they privately agreed to,
which could have come from reporting late for tour, uniform infractions or losing a piece
of equipment. That company can now access information that could be used to cause
harm to that former officer now working in the private sector, even if that former officer
served admirably for years.
During a time when law enforcement officers are constantly under attack, giving the
public sensitive information as ammunition is certainly not the answer for protecting of-
ficer safety. Releasing officers’ names is as abhorrent to protection and privacy as would
be releasing a grand jury suspect’s criminal case history before deliberations.
I also can see headlines from the anti-police media granting access to officers’ names
and sensitive information. Here’s one headline I imagine: “Cop with three suspensions
pulls two teenagers from burning vehicle.”
This is not kindergarten. Every law enforcement professional in the country should not
be punished or labeled because of the heinous actions of one bad cop. The “Excellence
in Policing Initiative” monologue gives the public the impression that New Jersey law en-
forcement failed them and did something wrong, and that now policies are forthcoming
for their lawless behavior.
Here is my recommendation: How about a “Maintaining Excellence in the New Jersey
Policing Initiative.” I worked for an accredited and certified police agency that maintains
all these policies, procedures, mandated training and more. The attorney general should
issue a directive making it mandatory to obtain an Agency Accreditation Certificate
throughout New Jersey within five years. That is just my perspective.
22 NEW JERSEY COPS ■ JULY 2020You can also read
