TRENTON—A new law that prohibits non-law-enforcement officials from state, county and municipal agencies—including Port Authority and New Jersey Transit—from having police-like badges that might be used for inappropriate purposes was signed by Gov. Phil Murphy Aug. 9.
Much impetus for the new law derived from a spring 2018 roadside incident on Route 9W in Tenafly involving Caren Turner, then a Port Authority commissioner who flashed her gold commissioner’s badge to two Tenafly police officers hoping to prevent the impounding of her daughter’s friend’s vehicle due to an expired out-of-state registration.
That incident, which involved Turner flashing her badge, asking to be addressed as “commissioner” by the officers, and dropping the names of the police chief and mayor in what appeared to be hopes of influencing the officers’ handling of a motor vehicle stop, became a huge issue after dashcam video was released from the Easter weekend incident and went viral over the internet.
Turner was forced to resign as a Port Authority commissioner within weeks of the incident and issued a statement in which she said she did not ask for “special treatment” by the officers and advised Tenafly police officers to “review best practices with respect to tone and de-escalation, so that incidents like this do not recur.”
Port Authority’s Board of Commissioners called unanimously for her resignation following a review of the incident, which can still be found and viewed online.
The new law resulted from “multiple scenarios” where commissioners previously used honorary badges inappropriately, said state Assemblyman Eric Houghtaling, D-Monmouth, a bill cosponsor.
In fact, the legislation specifically prohibits issuance of certain badges to New Jersey Transit board members, Port Authority commissioners, and state, county and local elected officials. Only county sheriffs are exempt.
‘Unacceptable behavior’
“We’ve seen multiple scenarios recently where commissioners have tried to use their badges to get out of traffic stops,” said Houghtaling. “This is unacceptable behavior and it will not be tolerated in New Jersey.”
The legislation was introduced last summer in response to Turner’s misuse of her commissioner’s badge during the Tenafly police stop.
State Assemblyman Gordon Johnson (D-37), another cosponsor, said the legislation was overdue.
No one ‘above law’
“No one is above the law. We cannot allow state, municipal and transit officials to use badges to attempt to prove otherwise,” said Johnson, an Englewood resident. “The only people who should be wearing badges are first responders themselves.”
The law passed the Assembly last June, 76-0, and the Senate in September, 38-0.
He said the law expressly prohibits entities such as Port Authority and New Jersey Transit from issuing badges. Following the Turner incident, Port Authority officials investigated why badges were issued and no purpose for issuing badges was found.
All Port Authority commissioners were asked to hand in their agency badges in favor of identification cards in June 2018 and the agency conducted an inventory of all non-law enforcement individuals with badges to make sure they collected all outstanding badges.
‘The right direction’
Asked about his reaction to the law prohibiting non-law enforcement badges, driven by last year’s much-talked-about Turner incident, Tenafly Police Chief Robert Chamberlain called the law “a step in the right direction” but noted that many agencies still issue ID cards and “there’s still opportunities for misuse” if officials are so inclined.
“But taking badges away from non-law enforcement people is a good move,” he added.
Chamberlain said while the new law prohibiting non-law enforcement badges made sense, there are ways to approach a police officer if a situation requires it, and not like the former commissioner did.
“You shouldn’t just walk right up and interject yourself in a situation,” said Chamberlain, who again praised his two officers, Matthew Savitsky who pulled over the vehicle, and Tom Casper, who backed up Savitsky after he arrived on the scene.
“That’s why we look for a certain type of person, a person who can obviously stay composed in that type of situation,” he said.
He advised public officials and motorists “to be mindful of how they say things and how they act” when interacting with a police officer.
“They can verbalize who they are,” said Chamberlain. “But it’s improper to expect deferential treatment because of your status.”
Chamberlain said while most police-public interactions go well, people should not expect any special favors due to who they are.
“Every police officer has experienced something similar to that,” he said of the March 31, 2018, Turner incident. “I’m certainly not condoning it, but law enforcement [officers] are very familiar with it.”
‘Profoundly disturbing’
Turner resigned following a Port Authority review of her behavior that called her conduct “profoundly disturbing.”
The Port Authority’s board passed a unanimous resolution detailing Turner’s violations, including requesting “unwarranted privileges” for herself and a family member, using her Port Authority badge for non-official uses and “pursuing a course of conduct that was plainly in violation of her trust.”
Port Authority Board of Commissioners Chairman Kevin O’Toole said her actions “badly damaged the reputation” of the bi-state agency.
Turner was initially called to the scene by her daughter to drive her and the car’s three other occupants home because the car was being impounded due to an expired registration.
Minutes after arriving on scene and after numerous attempts to question the officers about why the car was pulled over, Turner was told by Savitsky to speak to the car’s driver who knew the details of why the vehicle was stopped. Turner’s daughter was a back-seat occupant in the car.
‘Tell me nothing’
After being told by Officer Savitsky that she could take her daughter, she waves her finger at him saying: “You may not tell me when to take my child. You may shut the [f—] up and not tell me when I may take my child, and her friends, who are Ph.D. students at MIT and Yale. You may tell me nothing,” she says on the video.
The vehicle was stopped for two non-moving violations: front-tinted windows and an obscured out-of-state rear license plate. While the male driver produced a valid license, the driver could not provide the vehicle’s insurance card and its registration was expired, causing the car to be impounded.