Newark Can’t Sidestep Unions As It Reforms Its Police Department, Court Rules

NEWARK, NJ — Newark can’t sidestep its local police unions as the city continues to reform its law enforcement policies in the wake of a landmark federal consent decree, a New Jersey appeals court ruled Tuesday.

On Tuesday, a state appellate court ruled in favor of Newark’s police unions – the Fraternal Order of Police Newark Lodge No. 12 and the Newark Police Superior Officers' Association Inc. – regarding an appeal from the city, which was challenging a previous decision from the Public Employees Relations Commission (PERC).

See the court’s written opinion here.

In 2016, federal authorities and the City of Newark reached a settlement involving longstanding allegations that the Newark Police Department “eroded public confidence” by unconstitutionally harassing minority residents, particularly African-Americans.

As part of the consent decree, Newark agreed to make a sweeping series of reforms to its police department, including training, use-of-force policies, community outreach and disciplinary procedures – which many advocates in the community have cheered over the past seven years.

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However, the city’s police unions have argued that Newark needs to come to an agreement with them before rolling out new discipline rules for officers. They took their case to the PERC, which eventually ruled in their favor, saying that the new policies weren’t “collectively bargained.”

The city then appealed that decision, arguing that the federal consent decree has jurisdiction, and that the unions gave up their right to negotiation by “failing to intervene” when the settlement was being negotiated.

A state appellate court disagreed.

Tuesday’s ruling affirms the previous ruling from PERC – and may roll back the status quo when it comes to how Newark disciplines its police officers.

“The consent decree sought to resolve significant and legitimate concerns over the city's police department's practice of violating individuals' constitutional and federal law rights,” the involved judges wrote.

“The agreement did not authorize the city to unilaterally impose disciplinary procedures and sanctions against the unions' members and sidestep its collective bargaining obligations,” they continued. “Consequently, PERC's final agency decision rescinding provisions of the general orders and restoring prior negotiated disciplinary processes and penalties is not arbitrary, capricious or unreasonable, and is supported by the credible evidence in the record.”

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