As reported in NorthJersey.com, a man from Paramus heads to New York State’s highest court, the Court of Appeals, today in a potentially precedent-setting case that’s being closely watched by open-government advocates and media companies.

Samir Hashmi sought records after reading news reports that the NYPD had secretly monitored Muslim houses of worship and businesses in New York and New Jersey, as well as student groups at 16 Northeast colleges, including Rutgers University, where Hashmi was a student.

Hashmi has alleged that he was illegally monitored by the NYPD for expressing his First Amendment rights on the State University’s campus.  He further stated that the purpose of the suit was to ensure that Muslims feel safe to express themselves on college campuses and everywhere else in this county.”

Other students who also believed that they were monitored requested records and were told that none existed. But the NYPD informed Hashmi that it could “neither confirm nor deny” the existence of such records — a response that a New York appellate Court ruled was justified.

Omar T. Mohammed, Hashmi’s lawyer, said the NYPD’s reply was the first time he knows of that a local agency attempted to use the so-called federal “Glomar Response” to deny a records request.

In Hashmi’s case the NYPD said it could not confirm the existence of records because doing so could reveal information about targets of counterterrorism surveillance.   The NYPD was the first state or local agency to use the Glomar response to deny a public-information request.   However more are following New York City’s lead. In 2013, Indiana authorized the Glomar response through a state statute and in 2016, a New Jersey state appeals court ruled that government agencies in New Jersey may deny access to public records by saying they can “neither confirm nor deny” their existence.

The decision of this case will go a long way in drawing the line in what law enforcement agencies believe are necessary actions to protect the citizens of our country while counter-balancing invading the privacy of others.  We wont be surprised if this is not the last we hear of this case or others like it as the Federal Courts will be sure to weigh in.

Tags: Counterterrorism, First Amendment, NYPD, Terrorism
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Photo of Frank M. Crivelli Frank M. Crivelli

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state…

Frank M. Crivelli’s practice revolves around the representation of over eighty-five (85) labor unions in various capacities, the majority of which bargain for law enforcement entities. He is proud to be called on a daily basis to provide counsel to over 12,000 state, county and local law enforcement officers, firefighters and EMS workers.

Mr. Crivelli specializes his individual practice in collective negotiations.  Over the past twenty (20) years, Mr. Crivelli has negotiated well over one hundred (100) collective bargaining agreements for various state, county, municipal and private organizations and has resolved over thirty-five (35) labor agreements that have reached impasse through compulsory interest arbitration.  Mr. Crivelli routinely litigates matters in front of the New Jersey State Public Employment Relations Commission, the New Jersey Office of Administrative Law, third party neutrals for mediation, grievance and interest arbitration, the Superior Court of New Jersey and the United States District Court for the District of New Jersey.

Mr. Crivelli founded and created the New Jersey Public Safety Officers Law Blog (www.njpublicsafetyofficers.com) approximately fifteen (15) years ago where he and members of his firm routinely publish blog posts regarding legal issues related to the employment of New Jersey Public Safety Officers.  The blog now contains over six hundred (600) articles and is reviewed and relied upon by thousands of public employees.  Mr. Crivelli has also published books and manuals pertaining to New Jersey Public Employee Disability Pension Appeals and the New Jersey Worker’s Compensation System. Currently, he is drafting a publication on how to Prepare and Negotiate a Collective Bargaining Agreement.  He lectures annually at the New Jersey State PBA Collective Bargaining Seminar, the National Association of Police Organization’s Legal Seminar, the New Jersey Public Employment Relations Commission Seminar on Public Employment Labor Law, the United States Marine Corps’ Commander’s Media Training Symposium and to Union Executive Boards and General Membership bodies on various labor related topics.

Prior to entering private practice, Mr. Crivelli joined the United States Marine Corps where he served as a Judge Advocate with the Legal Services Support Section of the First Force Services Support Group in Camp Pendleton, California.  While serving in the Marine Corps, Mr. Crivelli defended and prosecuted hundreds of Special and General Court Martial cases and administrative separation matters.  In addition to his trial duties, Mr. Crivelli was also charged with the responsibility of training various Marine and Naval combat command elements on the interpretation and implementation of the rules of engagement for various military conflicts that were ongoing throughout the world at that time. After leaving active duty, Mr. Crivelli remained in the Marine Corps Reserves where he was promoted to the rank of Major before leaving the service.

For the past fifteen (15) years, Mr. Crivelli has been certified as a Civil Trial Attorney by the Supreme Court for the State of New Jersey, a certification which less than two percent (2%) of the attorneys in New Jersey have achieved.  He is a graduate of Washington College (B.A.), the City University of New York School of Law (J.D.), the United States Naval Justice School, and the Harvard Law School Program on Negotiation.

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