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News

Let People Decide for Themselves

Details
Written by: Mark Richards
Category: Letters to Editor
Created: December 07, 2015
No comments on “Let People Decide for Themselves”

Published in the Bergen Record, December 5, 2015

Regarding "Religion used to hide bigotry" (Your Views, Nov. 28) and "Why a friend is suing me: the Arlene's Flowers story" (Other Views, Nov. 25):

I would say the letter writer is hiding his own bigotry towards the concepts of individual freedom of choice and the right of freedom of association.

Read more …

Open letter to Director of the Office of Attorney Ethics

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Written by: John Paff
Category: Latest News
Created: November 28, 2015
No comments on “Open letter to Director of the Office of Attorney Ethics”

In early 2013, I filed an ethics grievance against two attorneys in a well regarded Essex County law firm. My grievance has been lost once, transferred twice and, most recently, "administratively dismissed" because there is allegedly some unidentified "pending litigation" that prevents the merits of my grievance from being considered.

I decided to publicly write to the Director of New Jersey's Office of Attorney Ethics about my experience and share with him why many grievants are frustrated by the attorney disciplinary process.


November 29, 2015

Charles Centinaro, Director
Office of Attorney Ethics
via e-mail only to This email address is being protected from spambots. You need JavaScript enabled to view it.

Dear Director Centinaro:

I want to share with you (and the public) my experience being a complainant in an attorney ethics grievance bearing docket numbers IIA-2015-0010E and IIA-2015-0011E.  I have redacted the attorneys' names from all of the documents at the links below and have published this letter to you on my Random notes on NJ government blog.

Read more …

Pleasantville secretly pays $50,000 to settle police K-9 attack, excessive force lawsuit

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Written by: John Paff
Category: Police Accountability Project
Created: November 28, 2015
No comments on “Pleasantville secretly pays $50,000 to settle police K-9 attack, excessive force lawsuit”

On October 7, 2015, the City of Pleasantville (Atlantic County) agreed to pay $50,000 to a local man who said that a police canine was ordered to attack him and other officers beat him after he was already handcuffed and face down on the ground.

In his suit, Jalal Whitted, who suffers from a pre-existing psychiatric condition, said that police were called to his home on December 6, 2013 because he had a knife in his possession. After his mother convinced Whitted to drop the knife, he and his mother stumbled and fell to the sidewalk in front of their home. Whitted said that while he was on the ground, police handcuffed him.

Read more …

Weehawken pays $747,000 to settle two lawsuits brought by police official

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Written by: John Paff
Category: Police Accountability Project
Created: November 27, 2015
No comments on “Weehawken pays $747,000 to settle two lawsuits brought by police official”
Richard F. Turner
Weehawken Mayor

On October 30, 2015, the Township of Weehawken (Hudson County) agreed to pay $747,000 to a Township Police lieutenant to settle his two lawsuits, two disciplinary actions and to provide for the lieutenant's retirement.

In his federal suit filed in 2008, Richard DeCosmis claimed that Mayor Richard F. Turner led a campaign of retaliation against him because he publicly criticized Weehawken's alleged misuse of state funds intended for a Park and Ride to develop a parking lot "to benefit a private building developer and political contributor to Mayor Turner and his allies."  DeCosmis claimed that the alleged retaliation was also sparked by his refusal to allow Union City Mayor Brian Stack's campaign signs on his property, because of his support of "another political candidate running against Mayor Turner's political faction," and because DeCosmis filed a 2007 civil rights lawsuit against Turner "because [of] his unlawful interference with the day-to-day interference with the Weehawken Police Department and public corruption."

Read more …

Winslow pays $2,500 to settle wrongful detention suit

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Written by: John Paff
Category: Police Accountability Project
Created: November 25, 2015
No comments on “ Winslow pays $2,500 to settle wrongful detention suit”
Robert Stimelski
Winslow Police Chief

On November 2, 2015, the Township of Winslow (Camden County) agreed to pay $2,500 to a local man who sued police for wrongfully detaining him.

In his suit, James E. Tice claimed that on May 7, 2013, Winslow Patrolman Michael Gibson took his cell phone and frisked him without probable cause. When Tice asked Gibson why he was being detained, Gibson allegedly arrested him for disorderly conduct and released him an hour later without charging him.  Tice, who represented himself in the lawsuit, claimed that Gibson violated his Fourth Amendment rights "as there was no probable cause tostop, detain, search or arrest plaintiff for being on a street in a town where he resides."  Tice claimed that he filed an Internal Affairs complaint against Gibson and that his complaint was sustained and resulted in Gibson being discplined.

The case is captioned Tice v. Township of Winslow et al, Federal Case No. 1:13-cv-06894 and Tice represented himself.  Case documents are on-line here.

The settlement agreement contains a confidentiality clause, which prevents the parties to the suit from publicly disclosing the settlement terms.  Fortunately, however, these confidentiality clauses do not trump the public's right to obtain copies of settlement agreements that arise out of lawsuits in which a government agency or official is a defendant.

None of Tice's allegations have been proven or disproven in court. The settlement agreement resolution expressly states that the $2,500 payment does not constitute an admission of wrongdoing by Winslow or any of its officials. All that is known for sure is that Winslow or its insurer, for whatever reason, decided that it would rather pay Tice $2,500 than take the matter to trial. Perhaps the defendants' decision to settle was done to save further legal expense and the costs of trying what were in fact exaggerated or meritless claims. Or, perhaps the claims were true and the defendants wanted to avoid being embarrassed at trial. This is the problem when cases settle before trial--it is impossible to know the truth of what really happened.

Court to determine disclosure of investigative records related to allegations of misconduct by Cape May Sheriff

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Written by: John Paff
Category: Police Accountability Project
Created: November 14, 2015
No comments on “Court to determine disclosure of investigative records related to allegations of misconduct by Cape May Sheriff”
Gary G. Schaffer
Cape May County Sheriff

On Tuesday, December 8, 2015 at 10:30 a.m. Mercer County Assignment Judge Mary C. Jacobson will hear oral argument in the case of John Paff v. New Jersey State Police, et al, Docket No. MER-L- 1984-15.

At issue are two State Police investigation reports pertaining to allegations that Cape May County Sheriff Gary G. Schaffer was involved in misconduct or impropriety while he worked at the Cape May Police Training Academy and the Ocean City Aquatic Center.

The State Police have admitted that it possesses two investigation reports into Schaffer's alleged misconduct but refused to release them because they are "exempt from access as criminal investigative records." My lawyer, CJ Griffin of Hackensack, argues that under the common law right of access citizens have a great need to see the records so they can assure themselves that the allegations were fairly investigated and not just swept under the rug.

When Shore News Today reporters asked Sheriff Schaffer last year for a comment on the investigation, he was quoted as having said that he would “not comment on a blog.”

Lawsuit seeks names of police officers who shot 14-year-old

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Written by: Webmaster
Category: Open Government Advocacy Project
Created: October 20, 2015
No comments on “Lawsuit seeks names of police officers who shot 14-year-old”

A lawsuit filed today in Mercer County Superior Court seeks the identities and other information regarding officers from the State Police and Mercer Sheriff's Department who fired fifteen shots at Radazz Hearns, now 15, on August 7, 2015. Seven of the shots struck Hearns, causing him to be hospitalized for a week. Despite public outcry and controversy over whether Hearns actually possessed a gun at the time he was shot, law enforcement officials have refused to identify the police officers who fired the shots.

On October 15, 2015, both Isaac Isaac Avilucea of the Trentonian and Keith Brown of NJ Advance Media published articles claiming that their investigations found that Doug Muraglia and James Udijohn were the officers who shot Hearns. When asked to confirm the information in Brown's article, Deputy Attorney General Ryan C. Atkinson refused to do so and claimed that any lawsuit filed to obtain the officers' names would be frivolous.

The lawsuit is captioned John Paff v. Office of the Attorney General, et al., was filed by C.J. Griffin of Hackensack-based law firm Pashman Stein.

Ex-New Jersey Detective’s Attempt to Overturn Firing for Assaulting Minor Rejected

Details
Written by: Kelly W. Patterson
Category: Police Accountability Project
Created: October 17, 2015
No comments on “Ex-New Jersey Detective’s Attempt to Overturn Firing for Assaulting Minor Rejected”

This originally appeared on Cop Block.org.

A former Camden detective, who was fired after he assaulted a 15 year old in 2005, had his termination upheld by an appellate court on Tuesday. Detective Lawrence Norman and fellow Officer George Ingram beat the teen, who was only identified as “A.F.” due to his age, after he was arrested in a drug sting.

Via NJ.com:

On Oct. 19, 2005, officers were conducting an investigation into drug sales that involved dealers selling to undercover police. A.F. allegedly sold heroin to an officer and Ingram and Norman tracked him down to the inside of a house, where he was found hiding in a closet.

According to a disciplinary notice, Ingram and Norman then took A.F. to a “secluded location where they beat him in an effort to get him to disclose the location of drugs that he retained after his drug sale to the undercover officer.”

Read more …

Bad Regulations Can Kill: El Faro’s Sinking Is a Tragic Example

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Written by: Eftychis John Gregos-Mourginakis & Joshua Jacobs
Category: Selected Blogs
Created: October 15, 2015
No comments on “Bad Regulations Can Kill: El Faro’s Sinking Is a Tragic Example”

The 790 foot cargo ship, El Faro, was lost at sea during Hurricane Joaquin. The search operation was ended earlier this week.

The search for survivors from El Faro has been called off, the crew consigned to the depths. We are left to mourn the loss of 33 brave mariners, 28 of whom were American. But as we mourn, we should also be angered, because their deaths may very well have been avoidable. Hurricane Joaquin wasn’t the sole culprit; it had an accomplice, and that accomplice is a monstrous piece of legislation known as the Jones Act.

Between the lines of this disaster, something should jump out at the reader: What were those sailors, in the middle of a Category 4 hurricane, doing onboard a vessel dating back to the Ford administration? In an era where we replace our phones every two years and trade in our car leases in not much longer than that, why is it that these people were stranded in the middle of a maelstrom aboard what El Faro seaman Chris Cash called a “rust bucket”?

Read more at National Review

Warrants? We Don’t Need No Stinkin’ Warrants!

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Written by: Eric of Eric Peters Autos
Category: Selected Blogs
Created: October 13, 2015
No comments on “Warrants? We Don’t Need No Stinkin’ Warrants! ”

Life in the HomelandAmerica is becoming unrecognizable. The landscape is still familiar; the flag looks the same. But it is a changed placed.

And some places are more changed than others.

In New Jersey, the state Supreme Court has just ruled that a cop can search your vehicle if you are pulled over for any reason – and without a warrant.

A defective turn signal, for instance.

Or a seatbelt “violation.”

Basically, the NJ court has ruled that once a cop turns on his emergency lights, your Fourth Amendment rights have been forfeited.

Read more at EPAutos.com

Libertarian Candidates Make an Impression in State Assembly Debate

Details
Written by: Patrick McKnight
Category: Candidates and Elections
Created: October 12, 2015

Libertarian candidates Damien Caillault and Jeff HetrickLIVINGSTON, NJ – The League of Women Voters held a debate for candidates for the State Assembly in the 27th district last Wednesday, September 30th. Libertarian candidates offered refreshing fact-based solutions to economic concerns such as job creation, state budgeting and state pensions.

The Republican candidate promised to reach across the aisle, work hard and renegotiate pensions without mentioning any specifics. The Democratic incumbents, Assemblyman John McKeon of West Orange and Assemblywoman Mila Jasey of South Orange, were absent.

“If you re-elect these people you know what to expect,” said Damien Caillault, one of the Libertarian candidates. “They will spend more, tax more, fund new projects, and in a few years, they’ll come back for more.”

Read more …

NJLP In the News: Lumberton Agrees to Safeguard Minutes

Details
Written by: Jay Edgar
Category: Open Government Advocacy Project
Created: September 16, 2015
No comments on “NJLP In the News: Lumberton Agrees to Safeguard Minutes”

Lumberton township has twice lost official minutes of meetings. Read the latest story at philly.com. Older articles can be found here and here.

Lawsuit seeks identity of State Trooper who sought sex from target of arrest warrant

Details
Written by: John Paff
Category: Open Government Advocacy Project
Created: September 13, 2015
No comments on “Lawsuit seeks identity of State Trooper who sought sex from target of arrest warrant”

At 10 a.m. on Wednesday, October 14, 2015, Mercer County Assignment Judge Mary C. Jacobson will hear argument in Paff v. Department of Law and Public Safety, et al., Docket No. MER-L-1685-15.  This Open Public Records Act (OPRA) and common law right of access case was filed on my behalf by Walter M. Luers of Clinton.

The lawsuit challenges the New Jersey State Police decision to suppress the identity of a State Trooper who resigned or was fired for offering to not execute an arrest warrant in exchange for the warrant's target having sex with him.  The case also seeks the Trooper's resignation letter and a plea agreement that resolved internal charges against the Trooper.  No criminal charges were filed against the Trooper.

The matter will be heard on the 4th floor of the Mercer County Courthouse, 400 S. Warren St, Trenton.  Members of media and public are encouraged to attend and observe but are advised to call the court at 609-571-4499 the day prior to confirm that the hearing date and hour have not changed.

Englewood Cliffs Mayor violated ethics law, fined $100

Details
Written by: John Paff
Category: Latest News
Created: September 04, 2015
No comments on “Englewood Cliffs Mayor violated ethics law, fined $100”

After a three and a half year investigation, New Jersey's Local Finance Board (LFB) concluded that Englewood Cliffs Mayor Joseph C. Parisi, Jr. violated the Local Government Ethics Law (LGEL) and assessed a $100 fine against him.

The matter was originated by a March 7, 2012 complaint filed by John Paff and the New Jersey Libertarian Party.  The complaint alleged that Parisi, who served on the Board of Directors of North Jersey Community Bank and as Chairman of Otterstedt Insurance Agency, failed to recuse himself from the Borough Council's 2010 consideration of a $9.8 million Board of Education budget that voters had rejected.  At the time of the discussions, the Board of Education had active accounts with both North Jersey Community Bank and Otterstedt Insurance Agency. The record reflects that Parisi advocated making "no cuts" to the Board's budget.  The LFB's Notice of Violation along with the complaint are on-line here.

The LFB found that Parisi "had a direct or indirect financial or personal involvement that might reasonably be expected to impair his objectivity or independence."  The Local Government Ethics Law, N.J.S.A. 40A:9-22.9 sets the minimum fine at $100 and the maximum at $500.

  1. PIRG Illegally Skims Money from Students
  2. Gloucester Township Council suppressed citizen's speech, apparently based on its content
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  4. Flags just symbols of nationalism & statism

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Shedding light on TrentonThe Open Government Advocacy Project is a committee of the NJ Libertarian Party. Its goal is to ensure transparency and accountability at all levels of government. Articles posted here are a subset of the work of the committee. For more information visit the Open Government Advocacy Project blog.

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The New Jersey Libertarian Party's Preempted Ordinance Repeal Project (“the Project”) seeks to get New Jersey municipalities to repeal loitering ordinances that should have been -- but were not -- repealed when the New Jersey Code of Criminal Justice was enacted in 1979. The Project has successfully had loitering ordinances repealed in over 30 towns. For a summary listing of all the towns see Preempted Ordinance Repeal Project page.

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The Police Accountability Project is a committee of the NJ Libertarian Party. Its goal is to search out cases of police misconduct, file former Internal Affairs (IA) complaints when appropriate, and to publicize violations of rules and laws by the police. There may be other stories posted on the NJLP Police Internal Affairs Complaint Blog page.

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The NJ Libertarian Party is NJ's third largest political party, founded in 1972. Our vision is for a world in which all individuals have the right to exercise sole control over their own lives, and have the right to live in whatever manner they choose, so long as they do not forcibly interfere with the equal right of others to live as they choose. Our goal is to build a political party that elects Libertarians to public office, and moves public policy in a libertarian direction.

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