[HISTORY: Adopted by the City Council of
the City of Trenton as indicated in article histories. Amendments
noted where applicable.]
[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,[1] 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.
[1]
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.
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.
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.
