Reflective Thoughts

Op- ED:   Needed change in the New Jersey State Police. It’s long overdue!

By Brian L. Royster   

    As we do our best to overcome the Covid-19 pandemic, which has impacted most of the world and taken the lives of countless human beings, we are also celebrating a few historical events. 

     In 1921, citizens of the Greenwood District of Tulsa, Oklahoma, witnessed a massacre that devastated the African-American community, aka “Black Wall Street.” While history failed to recognize this horrific event, its 100th anniversary has shed light on what truly happened. We have also celebrated another event stemming from 1921, the 100th anniversary of the New Jersey State Police (NJSP), which highlights many of its advances made in law enforcement. However, it fails to properly document the negative impact of its initial forty years of excluding minorities and women and the lasting effect on their respective legacies. In his research, Professor W.C. Anderson wrote, “ the New Jersey State Police was created to counter the influence of the state’s rising populations of African Americans and immigrants, whom white residents feared.” As a retired Black state trooper, I am conflicted. While those responsible for these practices are no longer with us, the lingering consequences of the low number of Black state troopers is still apparent. 

    Since its incorporation in 1921, the NJSP has been subjected to two federal consent decrees to address systemic internal issues about its mistreatment of Black Americans. In the 1975 consent decree, the U. S. Department of Justice (DOJ) noted that the NJSP had no “objective and standardize criteria and procedures for assignments, tenure, promotion, and discipline to assure that Blacks and Spanish-surnamed Americans and women are treated fairly and equitably.” After approximately 17 years, the DOJ dissolved the first consent decree. Still, issues of the ill-treatment of minorities festered, which resulted in the 1999 federal consent decree and its subsequent dissolution in 2009. 

     As a criminal justice educator, I have been asked by many of my students from different backgrounds whether or not they should seek employment in law enforcement. My response has always been, “We need educated students like you who come from diverse backgrounds.” I am optimistic because given that the world recently observed the despicable act by a few police officers regarding the death of George Floyd, my students are not discouraged. After all, they know that “most” police officers are fair and unbiased. I’ve made it a point to prepare prospective students for a career in the NJSP because, as an organization, I believe they can do better. 

     While the NJSP has had a sordid documented history of hiring, retaining, promoting, and reasonably disciplining Black state troopers, I do my best to ensure that future generations of state troopers attempt to change the NJSP’s culture. To specifically address matters that concern the elevation and retention of Black state troopers, I am seeking the implementation of a bona fide promotional exam. (That’s right, unlike the Civil Service Commission, which is also a state agency, the NJSP chooses not to utilize a test.) The NJSP, under the auspices of the Office of the Attorney General (OAG), does not mandate state troopers to take an examination for promotion. They “select” who will be promoted, ultimately leading to lawsuits filed by those passed over for promotion. This lack of a fair process frustrates many state troopers who are not fortunate to be selected.

     Moreover, the NJSP also utilizes a five-year reenlistment process to select who is worthy of retention. This five-year reenlistment period has been controversial due to many Black state trooper’s dismissals from its ranks. In the interest of fairness, an outside body should review and make recommendations about all discharges.  

     During my employment within the NJSP, specifically in the Equal Employment Opportunity/Affirmative Action Unit, I exposed the disparate disciplinary punishment of Black state troopers in relation to their white male counterparts. I found they intentionally stalled investigations and failed to audiotape record interviews. When I reported my findings, they retaliated against me and denied me promotions to the commissioned officer ranks. After settling a very long civil court case, post-retirement in 2018, I’ve monitored newspaper accounts of state troopers disciplined for violating the NJSP’s rules and regulations. While I cannot comment on the precise details of each case, due to pending investigations and or litigation, it appears that the pattern and practice of the disparate treatment of Black state troopers continues. 

     Over the years, I’ve fielded numerous telephone calls from Black, Hispanic, and female state troopers, who read about my litigation and sought my advice to address what they deemed to be unfair disciplinary actions meted out against them. Many state troopers who come forward to report misconduct will undoubtedly find themselves in someone’s crosshairs. In 2007, former state trooper Justin Hopson, after reporting wrongdoing, was targeted and harassed by an internal group of rogue state troopers. He ultimately filed a lawsuit, which the OAG settled out of court at the taxpayer’s expense. 

     In February 2021, I was honored to engage in a video conference meeting with Mr. Rick Robinson of the NJSC NAACP, Ms. Cynthia Dawkins, President of the National Action Network/Newark Chapter, Mr. Steve Young, President of the National Action Network/A.C. Chapter and Mr. Salaam Ismail, President of the African American Alliance. Our meeting with the OAG & NJSP officials focused on ending discriminative practices for Black state troopers and addressing equality concerns regarding promotions, recruitment, pending lawsuits, and misconduct. Our appearance in that meeting demonstrated to state officials that this coalition is well aware of the problems and wished to address them to recommend viable solutions. From the outset, it seemed apparent that nothing has changed, which is why this coalition is trying to appeal to the New Jersey (NJ) audience via Op-Ed pieces.

     One issue that I highlighted in my litigation was the number of lawsuits settled without the OAG or NJSP taking responsibility for their actions. How can they discipline and represent state troopers at the same time? Some of the settlements paid to state troopers stemmed from their complaints not adequately investigated. And why should taxpayers pay for the resolution of settled lawsuits with no meted-out discipline?  

    As a New Jersey citizen, I am requesting federal oversight of the OAG and those departments that report directly to them. How much longer will taxpayers have to depend on those ostensibly placed in a position of authority to oversee the New Jersey criminal justice system?  In the interest of criminal justice reform, enacting comprehensive State legislation that holds individual perpetrators responsible for their actions is long overdue. 

    Lastly, the OAG recently hired an outside law firm to conduct interviews with enlisted and retired state troopers regarding their perception of the NJSP policies. They should publish its results so NJ taxpayers can make their own informed decision.

Dr. Brian L. Royster is an Assistant Professor of criminal justice at Saint Peter’s University.