[HISTORY: Adopted by the Township Council
of the Township of Ewing 2-28-2006 by Ord. No. 06-09. Amendments noted where
applicable.]
A.
N.J.S.A. 40A:14-156, N.J.S.A. 40A:14-156.1, N.J.S.A.
40A:14-156.2, N.J.S.A. 40A:14-156.3 authorize municipalities to enter
into mutual aid and assistance agreements for police services in cases
of emergencies;
B.
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 Washington and
the City of Trenton, which regularly interact and provide assistance
to each other in police-related emergencies; and
C.
Each of the aforementioned municipalities in the County
of Mercer wishes to formalize and refine existing practice by entering
into mutual aid agreements,
Pursuant to N.J.S.A. 40A:14-156, N.J.S.A. 40A:14-156.1
et seq., 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.
For purposes of this chapter, 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 the 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 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.
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.
B.
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.
