In a recently issued ruling by New Jersey’s Appellate Division, the Court upheld an earlier ruling by a superior court judge holding that an officer did not commit “willful misconduct” under New Jersey’s Tort Claims Act when he engaged in a pursuit of a vehicle after the driver pulled away from a traffic stop. The
As reported by NJ.com, New Jersey has pledged $4 million to equip every New Jersey State Trooper and thousands more local police officers with body cameras as demand for the technology rises in the wake of several high-profile police-involved shootings in the United States.
Body cameras, though increasingly ubiquitous in policing, are not yet
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
On September 8, 2009, the Appellate Division decided In the Matter of Sergeant Maryelyn Conway, Docket No.: A-6162-07T3. In the case, Sergeant Maryelyn Conway appeals from an administrative determination of the New Jersey Transit Police Department suspending her for a period of four days for two related minor disciplinary infractions.
On the night of December 13, 2004, a car crashed onto an embankment above the New Jersey Transit train tracks in Waldwick. The vehicle was in a precarious position, with only a small tree preventing it from falling onto the tracks. Due to the danger that the vehicle might fall, train traffic in both directions was stopped.
Conway, a sergeant with the New Jersey Transit Police Department, was the supervising officer on duty at the time of these events. She did not go to the scene of the accident, but rather New Jersey Transit Police Officer Victor Migliorino was sent there. He reported to her that the Waldwick fire department, police, and emergency medical personnel were present, and that Waldwick personnel had taken charge of the scene. He did not believe Conway’s presence at the scene was necessary. She later deployed two other officers to the scene, contending that she did so in order that one of the officers could acquire more experience. She received periodic reports of the status of the scene from the officers present. She acknowledged in one radio transmission that it would have been easier if she were present. The New Jersey Transit police officers present did not play an active role in attending to the accident scene since Waldwick personnel were in charge. About an hour and one half after Conway was advised of the incident, the car was removed, and normal train traffic resumed.
Disciplinary charges were filed against Conway on January 10, 2005, due to her failure to go to the accident scene. She was charged with violating a General Order, which requires a police sergeant, as part of her duties and responsibilities, to “direct[ ] and participate[ ] in activities at the scene of emergencies.” Conway was also charged with “unsatisfactory performance” due to her failure to respond to the scene herself.
The internal disciplinary hearing was conducted on May 20, 2008. In a lengthy written opinion, the hearing officer found the charges to be substantiated. In the final agency decision dated July 1, 2008, New Jersey Transit Police Chief Jospeh C. Bober found Conway guilty of both charges and imposed a two-day suspension for each charge, for a total suspension of four days. This appeal ensued.Continue Reading Suspension of Transit Police Sergeant Sustained