As reported by nj.com, after rolling out tougher rules in May for police departments’ internal affairs units, State Attorney General Paula Dow has released new reporting forms that omit a crucial question: How many complaints about police officers are being investigated at the end of each year? The new forms published Tuesday don’t require police departments to list the number of open investigations at year’s end, raising concerns among rights’ advocates that cases will continue to fall off the books, as they have for years.

“The intention with these forms is to provide a snapshot of accountability,” Peter Aseltine, a spokesman for Dow, said yesterday. “That reporting was never intended as a means to track individual cases.” But Deborah Jacobs, executive director of ACLU-NJ, who initially supported Dow’s proposals until she saw the finished product on Tuesday, called it a “huge step backward.” She added, “It’s the more serious internal affairs complaints that take longer to investigate.”

Critics said it was the second time this month that Dow limited access to public data. Earlier this month, she restricted information on overtime compensation for state law enforcement officers. Her office said today she was only codifying a set of legal precedents dating to 2002. Jacobs said there was another problem as well. “We need an attorney general who will stick around for more than a year or two and dig in to fix the serious ongoing police practices issues that the ACLU has been raising for years,” she said.

State and local officials said that despite the omission on the new forms, police departments will have no problems policing their own. Critics said it leaves members of the public out of the loop if they want to track important data that has been consistently spotty for the last decade.

The Attorney General’s Office said that under Dow’s new system, county prosecutors have a more prominent role monitoring internal affairs complaints, analyzing all the numbers and squaring away any discrepancies. Previously, counties have not carried out those duties. The forms in question allow the public to review police departments’ data.

Jacobs did praise other parts of Dow’s new policies. Police departments must now track complaints by officer to watch for patterns; they must devote more resources to training; and they must publicize summaries of the most serious complaints, though they don’t have to name officers. “It is absolutely critical that law enforcement agencies investigate allegations against officers thoroughly and fairly, and that we provide the public with meaningful data about the complaints,” Dow said in May.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.