NJ Police Internal Affairs Records Can Be Made Public: Court

TRENTON, NJ — In a ruling issued Monday, the New Jersey Supreme Court decided to publicly release the report that led to the 2019 resignation of Elizabeth’s police director, a move that could result in greater public transparency in how state police departments discipline their ranks.

The court unanimously ruled that while reports are not disclosable under the state’s Open Public Records Act, they "can and should" be released when public interest outweighs confidentiality concerns, NJ.com reported.

The ruling stemmed from the case of James Cosgrove, the former Elizabeth Police Department director. Cosgrove resigned after an investigation determined he engaged in racist and sexist behavior.

When open public records advocate Richard Rivera requested the Cosgrove report, the Union County Prosecutor’s Office denied it, citing witness expectation of privacy as well as their ability to conduct future, similar investigations.

Rivera eventually sued, which led to the court’s second decision in a week that further opens documents to the public.

CJ Griffin, an attorney who argued the case, said called the decision "a tremendous advance in transparency," NJ.com reported.