Borough of Essex Fells, NJ Mutual Assistance Agreement

The conditions of the Police Mutual Assistance Agreement as set forth below are ratified and approved to become the basis for police mutual assistance among Essex County communities and the Mayor and Clerk are hereby authorized to execute said agreement;

This agreement is made and entered into among the City of Newark, City of East Orange, Township of Irvington, City of Orange, Township of West Orange, Township of Bloomfield, Township of Montclair, Township of Nutley, Borough of Glen Ridge, Township of Belleville, Township of Millburn, Township of Maplewood, Village of South Orange, Township of Livingston, Township of Fairfield, Borough of Caldwell, Borough of North Caldwell, Township of West Caldwell, Borough of Roseland, Township of Cedar Grove, Borough of Essex Fells, and Township of Verona, all municipal corporations of the State of New Jersey and being all municipal corporations situated in the County of Essex;

Whereas, it is to the mutual advantage and benefit of the parties hereto that each of the other parties agree to render supplemental police assistance in the event of an emergency, disaster, or widespread conflagration or where it appears that an emergency, disaster, or widespread conflagration may develop, which may be beyond control of a single party and therefore requires the assistance of one or more of the other parties hereto; and

Whereas, municipal corporations of the State of New Jersey are authorized, under N.J.S.A. 40A:14-156.1 to 40A:14-156.4, to provide police assistance outside the normal territorial jurisdiction of the municipality;

Now, therefore, in consideration of their mutual covenants, the parties hereto agree as follows:

(1)

For the purpose of facilitating the provision of assistance pursuant to this agreement, the municipal corporations which are parties hereto shall be grouped into four regions as follows:

(a)

Region I: Newark, East Orange, Irvington, Orange, and West Orange.

(b)

Region II: Bloomfield, Montclair, Nutley, Glen Ridge, and Belleville.

(c)

Region III: Millburn, Maplewood, South Orange, and Livingston.

(d)

Region IV: Fairfield, North Caldwell, Caldwell, West Caldwell, Essex Fells, Roseland, Cedar Grove, and Verona.

(2)

In the event of an emergency, disaster or widespread conflagration which is beyond the capacity and facilities of any one of the parties hereto, the other parties agree to furnish, upon request, police assistance in coping with such emergency, disaster, or widespread conflagration to the party requesting such assistance. The assistance requested may be upon actual or standby basis.

(3)

The extent of assistance to be furnished under this agreement shall be determined solely by the municipal party furnishing such assistance, and it is understood that the assistance so furnished may be discontinued at the sole discretion of the furnishing party.

(4)

Each party hereto shall provide to every other party the names of the Mayor, Police Chief, Police Commissioner or other person or persons authorized to make or receive requests for assistance. A list of all such persons shall be provided to the Essex County Prosecutor.

(5)

Police officers who shall be commanded by their superior officer to maintain the peace or perform other police duties outside the territorial limits of the municipality which regularly employs such officers shall be under the direction and authority of the local commanding officers of the municipality to which they are called to perform such police or peace duties and they shall be peace officers thereof, and shall have the same powers, authority and immunities as have the members of the police department of the municipality in which such assistance is being rendered.

(6)

All personnel furnished shall work, to the greatest extent possible, under their own supervisory personnel, and equipment furnished will ordinarily be operated by personnel of the party furnishing the equipment.

(7)

It is mutually agreed and understood that the provisions of this agreement shall be invoked only when, in the opinion of the Mayor, Police Chief, Police Commissioner or other person or persons in charge of police or public safety of the party requesting assistance, it is deemed necessary to request outside assistance because all of the normal facilities at their command have been exhausted and outside assistance is needed to control and suppress an emergency, disaster or widespread conflagration.

(8)

It is further agreed and understood that whenever, in the opinion of the Mayor, Police Chief, Police Commissioner or other person or persons in charge of police or public safety of any party, it is deemed necessary to request outside assistance, request shall first be made upon those parties which are within the region of the party requesting assistance; no request shall be made upon any party in any other region.

(9)

If the parties within the region of the party requesting assistance are unable to furnish adequate assistance, request shall be made to the other parties to this agreement.

(10)

The municipality requesting assistance shall, upon request, reimburse each municipality providing assistance, to the extent to which the municipality providing such assistance cannot obtain reimbursement or payment for such assistance from any county, state or federal governmental unit or agency, for expenditures actually incurred in furnishing assistance.

(11)

The parties hereto shall make request to the Essex County Prosecutor that he or she serve as coordinator among the municipalities which are parties to this agreement, for the purpose of facilitating the provision of assistance pursuant to this agreement.

(12)

This agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever.

(13)

Any party to this agreement may withdraw at any time upon 30 days' written notice to each of the other parties, and thereafter; such withdrawing party shall no longer be a party to this agreement, but this agreement shall continue to exist among the remaining parties.

(14)

If any section, paragraph, subdivision, clause or provision of this article shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudicated and the remainder of this article shall be deemed valid and effective.

(15)

All ordinances or parts of ordinances inconsistent with the provisions of this article be and the same are hereby repealed.

(16)

This agreement shall become effective for each party hereto when that party by ordinance of its governing body ratifies and approves this agreement and authorizes the proper municipal official to execute the same, at which time certified copies of said ordinances approving the same shall be distributed to the other parties.