WHEREAS, terrorists have used improvised explosive devices to attack trains in London, England, and as a precautionary measure, the United States Coast Guard has raised the Maritime Security or MARSEC level for all ferries carrying 150 passengers or more; and
WHEREAS, while there is no specific threat to the New Jersey metropolitan area, an enhanced law enforcement presence on all forms of mass transportation, including ferries entering and leaving New York City and New York State is appropriate; and
WHEREAS, the New Jersey State Police and local police, when riding a commuter ferry between New Jersey and New York, do not have law enforcement authority once the ferry crosses the jurisdictional boundary from New Jersey to New York; and
WHEREAS, the New Jersey and New York City law enforcement officers, when riding a commuter ferry between New York and New Jersey, do not have law enforcement authority once the ferry crosses over jurisdictional boundary from New York and New Jersey; and
WHEREAS, the provisions of the Interstate Civil Defense and Disaster Compact permit the States of New Jersey and New York to extend the same powers (except that of arrest unless specifically authorized by the receiving state), duties, rights, and privileges as are afforded forces of the state in which they are performing emergency services; and
WHEREAS, the State of New York is about to or has entered an executive order extending law enforcement powers to New Jersey law enforcement officers riding ferries into New York City; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. App. A: 9-33 et seq. and N.J.S.A. 38A:3-6.1 and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers; and
WHEREAS, the Governor is empowered to request aid pursuant to the Interstate Civil Defense and Disaster Compact, N.J.S.A. 38A:20-3 and to grant powers of arrest and other powers to law enforcement officers from other States;
NOW, THEREFORE, I, RICHARD J. CODEY, Acting Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:
- That in order to facilitate the security on the ferries and throughout the State of New Jersey, in accordance with the Interstate Civil Defense and Disaster Compact, N.J.S.A. 38A:20-3, that mutual aid is requested of New York State and New York City law enforcement officers, to provide enhanced security on ferries exiting and returning to the State of New York, and such officers are hereby granted all law enforcement powers while providing enhanced security on the ferries and in the customary points or embarkation and debarkation for such vessels in the State of New Jersey, including the power of arrest. This Order is not intended to alter or amend any compacts, policies, legal authorization or opinions regarding law enforcement powers during hot pursuit.
- That the State Director of Emergency Management implement the State Emergency Operations Plan and direct the activation of county and municipal emergency operations plans as necessary to implement this order.
- In accordance with N.J.S.A. App. A:9-40, that no municipality, county or any other agency or political subdivision of this State shall enact or enforce any order, rule, regulation, ordinance or resolution which will or might in any way conflict with any of the provisions of this Order, or which will in any way interfere with or impede the achievement of the purposes of this Order.
- That it shall be the duty of every person or entity in this State or doing business in this State and of the members of the governing body and every official, employee or agent of every political subdivision in this State and of each member of all other governmental bodies, agencies authorities in this State of any nature whatsoever, to cooperate fully with the State Director of Emergency Management in all matters concerning this Order.
- In accordance with N.J.S.A. 38A:2-4 and N.J.S.A. 38A:3-6.1, that the Adjutant General order to active duty such members of the New Jersey National Guard that, in the Adjutant General's judgment, are necessary to provide aid to those localities where there is a threat or danger to the public health, safety and welfare and to authorize the employment of any supporting vehicles, equipment, communications or supplies as may be necessary to support the members so ordered.
- This Order shall take effect immediately.
GIVEN, under my hand and seal this 10th day
in the Year of Our Lord, Two Thousand
and Five, and of the Independence of the United
States, the Two Hundred and Thirtieth.
/s/ Richard J. Codey
/s/ Paul T. Fader
Chief Counsel to the Governor