[HISTORY: Adopted by the City Council of the City of Trenton as indicated in article histories. Amendments noted where applicable.]
Article I Emergency Police Services
[Adopted 10-20-2005 by Ord. No. 05-105]
Pursuant to N.J.S.A. 40A:14-156, 40A:14-156.1, 40A:14-156.2 and 40A:156.3, there are hereby established mutual aid agreements among and between this municipality and each of the aforementioned municipalities in the County of Mercer, New Jersey, which shall become effective upon the adoption by one or more of the aforementioned municipalities (hereinafter referred to as "participating municipalities") of reciprocal ordinances to provide mutual aid in police services in case of emergency. This agreement shall apply whenever this municipality may have an emergency within its boundaries requiring additional police assistance to protect life and property, and whenever any of the aforementioned municipalities may experience a similar emergency.
Editor's Note: The municipalities involved are enumerated in the preamble to this ordinance as follows: "The County of Mercer consists of 13 municipalities, 12 of which have municipal police or fire departments operating for or within the Township of East Windsor, the Township of West Windsor, the Township of Ewing, the Township of Hamilton, the Borough of Hightstown, the Township of Hopewell, the Township of Lawrence, the Borough of Pennington, the Borough of Princeton, the Township of Princeton, the Township of Washington and the City of Trenton, which regularly interact and provide assistance to each other in police-related emergencies."
For purposes of this article, the term "emergency" shall be defined to include situations in which the number of available police officers in a participating municipality is insufficient to meet the public need in a particular situation and situations where police aid involving special expertise, training or equipment is required in order to protect life and property or to assist in suppressing a riot or disorder. No formal declaration of emergency is required to implement the provisions of the mutual aid agreement.
The Chief, Police Director or acting head of the Police Department, or Mayor or Chief Executive Officer of a participating municipality, is hereby authorized to request assistance from the Chief or other head of the Police Department of any other participating municipality to provide aid in accordance with N.J.S.A. 40A:14-156 et seq.
A participating municipality shall provide police assistance when a valid request in accordance with this agreement to supply personnel is made, to the extent possible without endangering persons or property within the confines of the providing municipality.
The members of the providing municipality's police department supplying aid shall have the same powers, authorities, rights, and immunities as the members of the police force of the requesting municipality when aid is being rendered therein. Said members shall also have, while so acting, such rights and immunities as they may otherwise enjoy in the performance of their normal duties in the municipality rendering such assistance.
These mutual aid agreements established herein by and between the aforementioned municipalities in the County of Mercer shall further authorize mutual police aid and assistance under the County Critical Incident Management Plan as established by the Mercer County Prosecutor as the Chief Law Enforcement Official in the County. The plan provides for a response by a specially trained regional Emergency Response/Special Weapons and Tactics Team in the event of certain hostage, barricade, sniper, high-risk armed apprehensions, terrorist, or similar situations occurring within a municipality within the County of Mercer.
Members of the police force of the providing municipality suffering injury, or their legal representatives, if death results while rendering assistance in the requesting municipality, shall be entitled to all such salary, pension rights, workers' compensation, or other benefits as they would have accrued if such injury or death had occurred in the performance of duties in their own municipality, with such benefits to be the responsibility of the providing municipality.
A municipality receiving police assistance hereunder pursuant to the terms of the County Critical Incident Management Plan shall not be required to directly reimburse the regional team for services so provided. The member municipalities shall, however, otherwise support the function of the respective regional response teams by providing the necessary manpower, equipment, and supplies on an ongoing annual basis pursuant to the terms of the County Critical Incident Management Plan.
Where emergency police aid is otherwise provided under circumstances outside of the County Critical Incident Management Plan, reimbursement shall be pursuant to N.J.S.A. 40A:14-156, or such other terms and conditions for reimbursement specifically agreed to between specific municipalities.
Any complaints of an internal affairs nature made against an officer for conduct while serving in a municipality other than his/her home municipality pursuant to this mutual aid agreement shall be investigated by appropriately designated police officials from the home municipality. This investigation may be assisted by police officers from the municipality where the alleged incident occurred. Any allegations of potential criminal conduct by an officer shall be immediately referred to the Mercer County Prosecutor's Office for review.
This article shall take effect upon final passage and publication according to law. It shall become effective with respect to this municipality's activities with another participating municipality, when such other participating municipality has adopted an ordinance reciprocal to this one, and such ordinance has become effective in that municipality.