COURT HOUSE – Mercer County Assignment Judge Mary C. Jacobson will hear oral argument Dec. 8 in the case of John Paff v. New Jersey State Police et al.
Paff is a self-described open government advocate who, by his own estimate, files over 700 requests annually for documents seeking to provide more transparent government, of which results he then posts on his blog. Paff filed this particular complaint in Mercer County since that is where New Jersey State Police are headquartered.
This specific hearing will address whether two State Police reports pertaining to the investigation of Cape May County Sheriff Gary G. Schaffer can be made public. The reports are thought to include information related to the allegations that Schaffer was involved in misconduct or impropriety when he worked at the Cape May Police Training Academy and Ocean City Aquatic Center.
State Police have already admitted that it possesses two investigation reports into Schaffer’s alleged misconduct but have refused to release them because they are “exempt from access as criminal investigative records.”
Paff is arguing “under the common law right of access citizens have a great need to see the records so they can assure themselves that allegations against public officials are fairly investigated and not just swept under the rug.”
In further explaining his complaint, Paff said, “Citizens are right to be suspicious of law enforcement officials investigating other law enforcement officials in secret. If we are truly in charge of our government, we need sufficient information so that we can determine whether these investigations are rigorous or merely whitewashes.”
Paff’s attorney, who will be representing him Dec. 8, is C. J. Griffin of Pashman Stein in Hackensack. She stated, “This case advocates for the public’s right to know information regarding an investigation into misconduct by a public official who leads a law enforcement agency. While the materials might be exempt under OPRA, the common law right to access such information is broader. Plaintiff (Paff) has argued that the public has a significant interest in knowing whether a law enforcement executive has abused his power or committed wrongful acts and whether the investigation into his alleged misconduct was sufficient.”
The Herald contacted Suzanne Davis, deputy Attorney General who will be arguing the state’s case against making public the State Police reports, but she did not respond to request for comment.
The Herald contacted Schaffer for his comments regarding the allegations to which he responded, “The State of New Jersey is a party to this litigation and I have no comment.” Schaffer is on record as also refusing to comment on these allegations as early as last year when they first surfaced saying “he does not comment on a blog.”
To contact Camille Sailer, email csailer@cmcherald.com.
