MIRZA M. BULUR, ET AL. VS. THE NEW JERSEY OFFICE OF THE ATTORNEY GENERAL, ET AL. (L-2736-23 and L-3290-23, PASSAIC COUNTY AND STATEWIDE) (CONSOLIDATED) - Published

The mayor of Paterson, its public safety director, and its police chief sued the Attorney General and related defendants in the Law Division after the Attorney General superseded the entire Paterson Police Department.  The Attorney General, assumed administrative and operational control on March 27, 2023, transferred the police chief to the Division of Criminal Justice in Trenton, and appointed an Officer-in-Charge of the Paterson Police Department.  The Law Division judge consolidated and transferred the matters to the Appellate Division for review of the Attorney General's final administrative decision.  On appeal, plaintiffs argue, among other things, that neither statutes nor relevant case law support the supersession of the entire Paterson Police Department.

The court held that the Attorney General and related defendants did not have authority, either express or implied, to supersede the daily operations of the Paterson Police Department.  The court directed the Attorney General to: reassign the police chief to Paterson; to relinquish control of the day-to-day operation and administration of the police department to plaintiffs; and issue a report to plaintiffs summarizing all actions and expenditures undertaken by defendants on behalf of the department within twenty-one days.  The 2021 supersession of the Paterson Police Department's Internal Affairs Unit was left undisturbed.