Executive Order 44

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State of New Jersey

Executive Order #44

Acting Governor Richard J. CodeyReturn to EO Index

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
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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:

1. 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 notintended to alter or amend any compacts, policies, legal authorization or

opinions regarding law enforcement powers during hot pursuit.

2. 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.

3. 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.

4. 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.5. 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


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supporting vehicles, equipment, communications or supplies as may be

necessary to support the members so ordered.

6. This Order shall take effect immediately.

GIVEN, under my hand and seal this 10th day

of July in the Year of Our Lord, Two Thousandand Five, and of the Independence of the United

States, the Two Hundred and Thirtieth.

/s/ Richard J. Codey

Acting Governor

[seal]

Attest:

/s/ Paul T. Fader

Chief Counsel to the Governor

Documents

Executive Order 44