[HISTORY: Adopted by the Mayor and Council of the Borough
of Raritan 3-10-2015 by Ord. No.
2015-01.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 34,
Mutual Aid, adopted 11-12-1996 (Ch. 48, Art. I, of the 1966 Code),
as amended.
This mutual aid agreement is made and entered into by and between
the Borough of Raritan, County of Somerset, a municipal corporation
of the State of New Jersey, and each other participating municipality,
as hereinafter defined. In consideration of the mutual promises and
covenants contained therein, the parties agree as follows.
As used in this chapter, the following phrases shall have the
following meanings:
A participating local unit which has provided assistance
pursuant to the mutual aid agreement.
The Chief of Police, Director of Police, the County Prosecutor
and the County Sheriff or that person's designee. As Millstone
Borough and Rocky Hill Borough do not have Police Departments (and,
therefore, no Chiefs of Police), preparations are addressed herein
which designate authorized personnel from the New Jersey State Police
to request mutual police aid on behalf of said local units.
For the purposes of this chapter shall be defined but not
limited 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/or 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.
Any municipality, county and/or authority that has by ordinance
or resolution entered into an interlocal services agreement for mutual
police aid.
A municipality, county or regional authority or district
other than an interstate authority or district. See N.J.S.A. 40A:65-3.
Any situation or combination of situations which, in the
opinion of the Chief of Police or requesting local unit, requires
the assistance of police from one or more participating local units.
This agreement shall apply to any type of police or law enforcement
assistants or service that is requested by the Chief of Police and
one or more local unit(s) and accepted by the Chief of Police and
the participating local unit or units. [N.J.S.A. 40A:65-7a(1)]. Members
of each Police Department supplying aid shall have the same powers,
authority, rights and immunities of the members of the Police Department
of the requesting local unit(s) all providing assistance to the requesting
local unit(s).
Any local unit which has, by ordinance or resolution, entered
into this interlocal services agreement for mutual police aid.
A police officer or other law enforcement officer as defined
in N.J.S.A. 40A:14-152.2.
Each police officer shall have all the powers of peace officers
as permitted by N.J.S.A. 40A:14-152 while assisting a local unit and
the sharing of services as permitted in N.J.S.A. 40A:65-4. Each police
officer is acting under lawful authority beyond the territorial limits
of his employing municipality or other appointed authority and is
conferred with all the powers in the officer appointed by the requesting
local unit.
A participating local unit which has requested assistance
pursuant to this agreement.
Any of the powers, duties and functions exercised or performed
by a local unit by or pursuant to law.
It is to the mutual advantage and benefit of participating local
units that each agrees to, consistent with this mutual police aid
agreement, render supplemental police or law enforcement assistance
to any requesting local unit pursuant to this agreement.
Pursuant to N.J.S.A. 40:65-1 et seq., any local unit of the
state may enter into a contract with any other local unit or units
for the joint provisions, within their several jurisdictions, of any
service, including services incidental to the primary purposes of
the local unit, which any party to the agreement is empowered to render
within its owner jurisdiction.
This agreement shall apply to any type of police or law enforcement
assistance or service that is requested by the Chief of Police in
one of more local unit(s) and accepted by the Chief of Police in a
participating local unit or units. [N.J.S.A. 40A:65-7a(1)]
The Chief of Police of each participating local unit is authorized
to provide mutual police aid to a requesting local unit and to request
mutual police aid to a participating local unit to the extent possible
without endangering the persons or property within the local unit
rendering assistance. The members of each Police Department supplying
aid shall have the same powers, authority, rights and immunities of
the members of the Police Department of the requesting local unit
while providing assistance to a requesting local unit. (N.J.S.A. 40A:65-8)
Aid will be provided at no cost for the first eight hours in
each incidence, regardless of the numbers of persons sent. After eight
hours of aid, the cost shall be as follows:
A.
Labor force. Charges for labor force shall be in accordance with
the prevailing rate of pay for the aiding local unit's standard
practices. The requesting local unit shall be billed for each hour
per person of the persons supplied beyond the first eight hours.
B.
Equipment. Charges for equipment, including, but not limited to,
vehicles, boats rescue equipment, flares, barricades and other special
equipment used by the aiding local unit, shall be billed at the reasonable
and customary rates for such equipment in the requesting local unit's
location.
C.
Transportation. The aiding local unit shall transport needed personnel
and equipment by reasonable and customary means and shall charge reasonable
and customary rates for such transportation and fuel-related costs.
D.
Meals, lodging and other related expenses. Charges for meals, lodging
and other expenses related to the provision of aid pursuant to this
agreement shall be at a reasonable and actual cost incurred by the
assisting local unit.
When police assistance is requested and that request is appropriate
pursuant to this agreement, the Chief of Police or his/her designee
of the requesting local unit shall be the senior ranking officer.
An officer responding to provide aid, regardless of his/her rank,
shall take direction from the ranking officer of the requesting local
unit.
Police officers shall be entitled to any and all pension, relief,
disability, workers' compensation, insurance and/or other benefits
for which they are entitled and/or provided by or through their existing
employer while performing duties within the requesting local unit
as provided under N.J.S.A. 40A: 14-152.2.
Police officers shall be afforded all of the privileges, immunities
and defenses for tort liability for any actions taken by those police
officers pursuant to this agreement.
The requesting local unit agrees to indemnify and hold harmless
the assisting local unit, its officers, directors and employees (including,
but not limited to any assisting local unit employees which are provided
for use by the requesting local unit in accordance with this agreement)
from any liability or claims arising out of their action or service
for the requesting local unit for the purpose of functions described
in this agreement.
Any participating local unit may withdraw from and terminate
its part in this agreement at the end of any calendar year, provided
that notice of its intention to terminate is given no later than November
12 to every other participating local unit. Otherwise, the agreement
shall remain in force from year to year.
The Chief of Police in each participating local unit shall,
upon request, as soon after the end of the calendar year as practicable,
furnish the respective governing body summary reports of services
rendered and received under this agreement, along with comments and
recommendations.
The participating local units recognize the existence of the
Somerset County Police Emergency Response Plan ("SCPERP"), which was
drafted by a special committee of the Somerset County Association
of Chiefs of Police. SCPERP was formulated for the purpose of addressing
large-scale events (e.g., active shooter incidents, hostage standoffs,
and natural disasters) requiring a law enforcement response, and the
Plan set forth procedures to facilitate the deployment of a variety
of law enforcement resources (human or otherwise) for said large-scale
events. Whereas this agreement outlines the scope and authority of
police mutual aid, SCPERP is a particularized Plan. This agreement
is not intended to replace SCPERP and vice versa.
