In first case, city public safety director and city police chief brought action against Attorney General, Office of Attorney General, and officer in charge appointed to lead city police department, seeking declaratory judgment that Attorney General’s decision to supersede control of city police department after officer-involved shooting exceeded his statutory authority, and seeking injunctive relief.
In second case, city mayor and police chief brought action against Attorney General, Office of Attorney General, and officer in charge, seeking declaratory and injunctive relief with respect to actions taken while in charge of police department.
In both cases, the Superior Court, Law Division, Passaic County, granted Attorney General’s motion for transfer of venue to the Superior Court, Appellate Division. The Superior Court, Appellate Division, granted plaintiffs’ motion to consolidate and reversed Attorney General’s decision. Attorney General’s petition for certification was granted.
The Supreme Court held that legislature authorized Attorney General’s supersession of city police department.
Legislature authorized Attorney General’s supersession of city police department after officer-involved shooting over objection of local authorities; after Attorney General’s announcement that he had assumed control over department and appointed an officer in charge to lead department, legislature took affirmative steps to ensure that officer in charge, who was New York police officer, would succeed in his crucial role in that supersession by enacting law that waived training requirements established for New Jersey police officers, and legislature specifically appropriated funds for the State’s operation of department during period in which municipal control was superseded.