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HomeMy Public PortalAboutr 18-067�esolu#ton of th e �oroug4 of Carteret, No. 18-67 Date of Adoptio April 5, 2018 RESOLUTION AUTHORIZING THE CARTERET POLICE DEPARTMENT TO PARTICIPATE IN THE DEFENSE LOGISTICS AGENCY, LAW ENFORCEMENT SUPPORT OFFICE 1033 PROGRAM TO ENABLE THE DEPARTMENT TO REQUEST AND ACQUIRE EXCESS DEPARTMENT OF DEFENSE EQUIPMENT WHEREAS, Federal law permits the Secretary of the United States Department of Defense to transfer to Federal and State agencies personal property of the Department of Defense that the secretary determines is suitable for use by agencies in law enforcement activities, including counterdrug and courterterrorism activities and is excess to the needs of the Department of Defense; and WHEREAS, informally known as the "1033 Program," this initiative allows local law enforcement agencies to obtain, at little or no cost certain surplus federal property, including aircraft, armored vehicles, automatic weapons, and night vision equipment originally intended for use by the United States Armed Forces; and WHEREAS, the New Jersey Legislature has recently passed and the Governor has approved S -2364 on January 29, 2015 and March 16, 2015 respectively, as P.L. 2015, c.23, which mandates that future participation in the 1033 Program must be approved by a resolution adopted by a majority of the full membership of the governing body; and WHEREAS, the New Jersey Legislature, in enacting P.L. 2015, 0.23, made the following factual findings and conclusions: • according to the New Jersey Department of Law and Public Safety, the Office of Emergency Management has assisted with the transfer of over $30 million in excess Department of Defense property to participating law enforcement agencies since the beginning of federal fiscal year 2014; and • in this era of fiscal constraint, participation in the 1033 Program allows local units to obtain equipment that they might not otherwise be able to afford, and to prepare for, respond to, and recover from incidents of terrorism and natural disasters, such as hurricanes and severe floods; and • although equipment is provided through the 1033 Program at no cost to county and municipal law enforcement agencies, these entities are responsible for costs associated with the maintenance, fueling, and upkeep of this equipment, and for specialized training for its operation; and • taxpayers are the primary consumers and financiers of services provided by county and municipal law enforcement agencies and have the right to be assured that their money is spent in an efficient and effective manner and the right to know the purposes for which public funds are utilized. WHEREAS, the Mayor and Council of the Borough of Carteret is of the opinion that future participation in the 1033 Program is in the best interest of the Borough of Carteret and its taxpayers and residents; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Carteret in the County of Middlesex and State of New Jersey as follows: 1. The Mayor and Police Director of the Borough of Carteret are hereby authorized to enroll and participate in the 1033 Program in order to acquire equipment available through such program pursuant to and in accordance with 10 U.S.C. 2576 and the guidelines established pursuant thereto. 2. The Police Director of the Borough of Carteret, or his designee, is hereby authorized and directed to take such action as may be necessary or required in order for the Borough of Carteret to be eligible to participate in NO. 18-67 PAGE Z the 1033 Program in order to acquire equipment available through such program and the guidelines for use of such equipment. 3. The Municipal Clerk hereby certifies that this resolution has been adopted by a majority of the full membership of the Borough of Carteret and that such adoption has occurred prior to the transmittal of any such application to the New Jersey State Coordinator of such program. Adopted this 5" day of April, 2018 and certified as a true copy of the original on April 6, 2018. KATHLEEN M. BARNEY, MMC Municipal Clerk RECORD OF COUNCIL VOTE COUNCILMAN YES NO NV A.B. COUNCILMAN YES I NO NV A.B. B ELLUD X JCHAL X DIAZ X hurl X DII4A= X R APL>;5 X X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto Adopted at a meeting of the Municipal Council April 5, 2018 CLERK L9