As reported by nj.com, the internal affairs functions of every law enforcement agency in New Jersey would be transferred to the Attorney General’s Office under a bill proposed by an assemblyman, who contends politics and bias too often creep into investigations when police departments police themselves.

Assemblyman Peter Barnes III (D-Middlesex), the son of a retired FBI agent, said he has long considered such a measure but decided to move forward after a two-part Star-Ledger series on the troubled Edison Police Department. Part of the newspaper’s series dealt with the internal affairs unit. Barnes, a former councilman, said that when police officers investigate colleagues, they can be too easily swayed by preconceptions about fellow cops.

“When you have officers investigating their own, it can lead to two divergent problems,” Barnes said. “You can have officers whitewashing legitimate claims because of friendships and relationships that develop. You can also have retaliatory-type claims. There might be a grudge or people vying for promotions, and one of them is in IA. I’ve never felt that was a good idea.”

The measure, which Barnes said he will introduce next month, calls for the creation of a new unit within the Attorney General’s Office and the hiring of investigators to staff it. The assemblyman said he knows the proposal will be controversial and, initially, costly. But, he contends that by centralizing IA functions, local and county internal affairs officers would be free to work in other areas of their departments, bolstering public safety. Most important, he said, it would strengthen the integrity of the internal affairs process, insulating it from intimidation or coercion.

Law enforcement officials called Barnes’ idea interesting, but said it would be very difficult to implement. New Jersey has some 30,000 police officers who work in more than 400 law enforcement agencies, said Raymond Hayducka, president of the New Jersey State Association of Chiefs of Police. That’s a lot of ground to cover for a single agency he said.

By statute, internal affairs investigations also have time constraints. Once investigators have developed enough information to substantiate a claim of wrongdoing, officers must be charged administratively within 45 days. Under those rules, the new unit could not afford a backlog of investigations, Hayducka said, adding he would still be interested in reviewing the measure.

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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.