FRATERNAL ORDER OF POLICE, NEWARK LODGE NO. 12 VS. CITY OF NEWARK (C-000177-16, ESSEX COUNTY AND STATEWIDE) (A-3298-17T3)
With two limited exceptions, this court upheld the validity of an Ordinance enacted by the City of Newark, which created a civilian complaint review board (CCRB) in response to an alarming "pattern or practice of constitutional violations" by the Newark Police Department. First, the Ordinance improperly required the Chief of Police to accept the CCRB's findings of fact, absent clear error; and second, it allowed for disclosure of complainant and police officer identities. The practical impact of upholding the Ordinance means that the CCRB can function as intended – providing a vital oversight role – by investigating alleged police misconduct, conducting hearings, developing a disciplinary matrix, making recommendations, and issuing subpoenas.
