WHEREAS, the holiday season brings an increased level of travel and
number of riders on the trains throughout the metropolitan New York City
region; and
WHEREAS, in light of the increased travel throughout the metropolitan
New York City region, the New Jersey Transit Police and the New Jersey
State Police have an increased presence on New Jersey Transit trains;
and
WHEREAS, today the United States Department of Homeland Security increased
the National Homeland Security Advisory System to Orange which according
to the Department of Homeland Security is declared when there is a high
risk of terrorist attacks; and
WHEREAS, the New Jersey State Police on New Jersey Transit trains are
required by law to exit the trains at the last stop in New Jersey while
New York City and New York State law enforcement officers are required
to exit trains at the last stop in New York; and
WHEREAS, the provisions of the Emergency Management Assistance Compact
and 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 has or is about to enter an executive
order extending law enforcement powers to New Jersey law enforcement officers
accompanying trains into New York City; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly
the provisions 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, upon Declaration of Emergency, the Governor is empowered to
request aid pursuant to the Emergency Management Assistance Compact, N.J.S.A.
38A:20-5 and 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;
THEREFORE, I, JAMES E. MCGREEVEY, Governor of the State of New Jersey,
in order to protect the health, safety and welfare of the people of the
State of New Jersey do hereby ORDER and DIRECT:
- That in order to facilitate the security on the trains and throughout
the State of New Jersey, a State of Emergency exists in the State
of New Jersey.
- 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.
- That the State Director of Emergency Management implement the State
Emergency Operations Plan and to direct the activation of county and municipal
emergency operations plans as necessary.
- In accordance with the Emergency Management Assistance Compact, N.J.S.A.
38A:20-5 and 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 trains
exiting the State of New York are hereby granted all law enforcement powers
while providing such enhanced security on the trains and in the train
stations in the State of New Jersey, including the power of arrest. This
Declaration is not intended to alter or amend any compacts, policies,
legal authorization or opinions regarding law enforcement powers during
hot pursuit.
- 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 state of emergency.
- This Order shall take effect immediately and shall remain in effect
until such time as it is determined by me that an emergency no longer
exists.
GIVEN, under my hand and seal this 21st day of December
in the Year of Our Lord, Two Thousand and Three, and of
the Independence of the United States, the Two Hundred
and Twenty-Eighth.
James E. McGreevey
Governor
Attest:
Michael R. DeCotiis
Chief Counsel to the Governor