[Ord. No. 2015-25 § 2,
Exh. A]
N.J.S.A. 40A:14-156, 40A:14-156.1, 40A:14-156.2, and 40A:14-156.3
authorize municipalities to enter into mutual aid and assistance agreements
for police services in cases of emergencies.
The County of Mercer consists of 12 municipalities, 11 of which
have municipal police or fire departments operating for or within
the Township of East 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 Municipality
of Princeton (comprised of the former Township of Princeton and the
former Borough of Princeton), the City of Trenton, the Township of
Robbinsville (formerly the Township of Washington), and the Township
of West Windsor, which regularly interact and provide assistance to
each other in police related emergencies.
Each of the aforementioned municipalities in the County of Mercer
wish to formalize and refine existing practice by entering into mutual
aid agreements.
[Ord. No. 2015-25 § 2,
Exh. A]
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.
[Ord. No. 2015-25 § 2,
Exh. A]
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 public safety, 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.
[Ord. No. 2015-25 § 2,
Exh. A]
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.
[Ord. No. 2015-25 § 2,
Exh. A]
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.
[Ord. No. 2015-25 § 2,
Exh. A]
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.
[Ord. No. 2015-25 § 2,
Exh. A]
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 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.
[Ord. No. 2015-25 § 2,
Exh. A]
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.
[Ord. No. 2015-25 § 2,
Exh. 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.
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.
[Ord. No. 2015-25 § 2,
Exh. A]
The municipality receiving emergency police aid (hereinafter
referred to as "Receiving Entity") may seek reimbursement from FEMA
for the cost of the services rendered by the municipality providing
the emergency police aid (hereinafter referred to as "Providing Entity").
Reimbursement paid by FEMA shall not be contingent on the declaration
of an emergency, major disaster, or fire by the Federal government.
Reimbursement provided by FEMA is subject to the following conditions:
(a)
The Receiving Entity must request reimbursement from FEMA in accordance
with the provisions set forth in the FEMA Recovery Policy RP9523.6
dated November 10, 2012, as may be amended from time to time.
(b)
Reimbursement for "Emergency Work," as that phrase is referenced
in FEMA Recovery Policy RP9523.6, shall include, but is not limited
to, work necessary to meet immediate threats to life, public safety,
and situations described in Section 26-8, "Emergency Defined S.O.P.,"
herein.
(c)
Only a Receiving Entity is eligible for FEMA reimbursement as described
herein. The Providing Entity may seek reimbursement from the Receiving
Entity.
(d)
The Receiving Entity shall provide FEMA with an executive summary
of the emergency police aid services requested and received, and the
associated costs (e.g., labor, equipment, materials, etc.). Both the
Receiving Entity and the Providing Entity shall keep and maintain
detailed records of the services requested and received. Such records
shall be maintained for at least three years after the emergency police
aid has been rendered.
(e)
A Receiving Entity shall submit a copy of the Mutual Aid Agreement
to FEMA with its reimbursement request.
(f)
A Receiving Entity shall submit a written and signed certification
to FEMA with its reimbursement request, which shall include:
(1)
The type and extent of emergency police aid assistance requested
and received;
(2)
The labor and equipment rates used to determine the cost of the emergency
police aid; and
(3)
A statement that all of the emergency police aid rendered by the
Providing Entity was eligible under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. §§ 5121-5206)
and applicable FEMA regulations and policies.
[Ord. No. 2015-25 § 2,
Exh. A]
This article shall be effective upon the final passage and publication
of the ordinance authorizing same, according to law, and shall be
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.
