MUTUAL ASSISTANCE



	Model Policy


Effective Date May 1, 1990		Number	
Subject Mutual Assistance			
Reference		Special Instructions	
Distribution	Reevaluation Date April 30, 1991	No. Pages	

I.	PURPOSE
	The purpose of this policy is to inform all personnel of the existence and contents of the regional mutual assistance agreement, and this law enforcement agency's obligations under the agreement.


II.	POLICY
	The goal of this agency is to provide efficient, high quality law enforcement services to the community during both emergency and nonemergency situations.  The purpose of the regional mutual assistance agreement is to enable each agency to more effectively handle emergency situations through the pooling of law enforcement resources.  In recognition of the fact that this agency has a finite amount of resources with which to meet all such incidents, it shall be the policy of this agency to participate in the mutual assistance agreement in order to strengthen our response to emergency situations.


III.	PROCEDURES
	A.	Scope of Agreement
		1.	The law enforcement agencies in the region have entered into a cooperative agreement whereby each may request temporary emergency assistance from any or all other member agencies.
		2.	The Mutual Assistance Agreement may be invoked by designated members of this or any other member agency during any emergency situation where there is an immediate threat to life or property, and the requesting agency has determined that it does not have sufficient resources to meet that threat in an adequate manner.
		3.	Under the terms of the agreement, this agency is committed to the provision of personnel, equipment, and specialized units to a member agency to the extent that it would not endanger primary services to our own jurisdiction.
		4.	In order to maintain the efficient implementation of the agreement, the chief executive officer (CEO) will have the following responsibilities:
			a.	Attendance at regular meetings with other member agency chief executive officers to formulate or revise emergency plans, share information, and assess the general emergency needs of the region;
			b.	Provision of data to member agencies concerning this agency's available manpower per shift, equipment and specialized units, and maintenance of similar information from the other member agencies,
			c.	Timely negotiation of additions to, or renewal of the agreement.
		5.	The costs of the salaries or wages, pensions, relief and workers' compensation for loaned personnel resulting from mutual assistance duty shall be the responsibility of the individual agencies providing those services.
	B.	Requests for Assistance
		1.	In nonemergency situations, requests for mutual assistance shall be forwarded to the CEO in a timely fashion through the chain of command.
		2.	In the event that this agency requires assistance in handling an emergency, the field supervisor in charge at the scene of the emergency shall contact communications and request that the CEO be advised of the situation.  The field supervisor shall provide communications with the following information to be relayed to the CEO:
			a.	Nature of the emergency;
			b.	Measures taken to bring the situation under control, and why they have proven insufficient; and
			c.	Estimated amount of equipment, personnel, or special units that will be necessary to bring the situation under control.
		3.	The CEO of each member agency is the sole designated official permitted to request or authorize emergency assistance.
			a.	Requests may be made by telephone or in writing and are subject to confirmation.
			b.	The requesting agency is responsible for providing member agencies with the information necessary to determine the levels of assistance required.
			c.	Each member agency is only committed to providing assistance to the extent that it does not endanger primary operations, and may withdraw loaned personnel or equipment where circumstances require redeployment in their jurisdiction.
			d.	All member agencies, whether or not requested to provide assistance, shall remain on alert status during the term of the emergency.
	C.	Emergency Scene Responsibilities
		1.	The designated supervisor of the requesting agency shall be in charge at the emergency site.  All loaned personnel shall follow his lawful orders.  However, where the provided mutual assistance involves the loan of a specialized SWAT, hostage negotiation, bomb disposal, or canine unit, the commander of that specialized unit shall be responsible for the implementation of the mission to be accomplished, as determined and directed by the field commander of the requesting agency.
		2.	When taking law enforcement actions at the emergency site, including uses of force, officers from this agency shall at all times adhere to agency policies and procedures, and utilize only those weapons and tactics with which they have qualified.
		3.	Officers on loan from this agency to an emergency site shall regularly apprise our communications section concerning the continued status of the emergency, line-of-duty injuries, or need for relief.
		4.	Officers may only take those law enforcement actions permitted under state law for emergency allocation outside the original appointing jurisdiction.
		5.	Agency personnel providing mutual assistance shall only make arrests for offenses directly related to the emergency situation, and shall assist in the preliminary processing of arrestees as follows:
			a.	Identification of arrestees;
			b.	Control of property obtained from arrestees;
			c.	Completion of arrest certificates;
			d.	Transportation of arrestees; and
			e.	Court duty.
	D.	Federal and State Law Enforcement Agency Assistance
		1.	Member agencies may request emergency assistance from a federal law enforcement agency where a federal crime is involved, or when the emergency site is an area in which the federal and requesting agency share concurrent jurisdiction.
		2.	The state National Guard may be contacted for emergency assistance whenever a state of emergency exists in their jurisdiction.



	BY ORDER OF




	_________________________
	CHIEF OF POLICE
MUTUAL ASSISTANCE



	Agreement


This Agreement made and entered into by and between	

	
(Political Subdivision Parties to Agreement)

Witnesseth	


  Whereas, [Optional] the law of the State of 	
provides under 			that each political subdivision within the State of 				is empowered to make and enter into Mutual Aid Agreements with other contiguous political subdivisions within the State in order to more effectively  allocate law enforcement and other public safety services during emergency situations; and

  Whereas, the undersigned political subdivisions which are parties to this Agreement are desirous of obtaining additional law enforcement protection for the citizens of the several political subdivisions during emergency situations by making the most efficient use possible of the law enforcement personnel of the several political subdivisions; and

  Whereas, it is desirable that each of the parties hereto should voluntarily aid and assist each other in the event that an emergency situation should occur, by the interchange of law enforcement services; and

  Whereas, it is necessary and desirable that a Mutual Aid Agreement be executed for the interchange of such mutual aid on a local, county-wide. and regional basis;

   Now, therefore, it is hereby agreed by and between each and all of the parties hereto as follows:

	  1)  As used herein, the phrase "emergency situation" shall mean an actual or potential condition within the jurisdiction of one or more of the parties that poses an immediate threat to life or property, and which exceeds the resources and capability of the jurisdictions to successfully bring the situation under control.
	  2)  Each party agrees that in the event of an emergency situation, each other party to this Agreement will furnish such personnel, equipment, facilities, or services as is, in the opinion of the assisting member, available.  Provided, however, that each party reserves the right to refuse to render assistance or to recall any or all rendered assistance, whenever it is determined that such actions are necessary to the continued protection of the assisting party's jurisdiction.
	  3) Each party shall designate the law enforcement officials within their jurisdiction who shall have the authority to invoke this Agreement, and shall provide each other party hereto with a regularly updated list specifying the name, rank, agency, and telephone number of such officials.
	  4) In order to invoke mutual aid under the provision of this Agreement, the designated official from the requesting party shall be required to contact the designated official of the responding party(s) by telephone or in writing.  The responding party(s) may request such information from the requesting party as is necessary to confirm the emergency situation, and to assess the types and amounts of assistance that shall be provided.
	  5) During an emergency situation, all personnel from responding agencies shall report to, and shall work under, the direction and supervision of the designated supervisor of the requesting agency at the emergency site.  Provided, however, that at all times officers shall adhere to the policies and procedures of their own department, and shall only be required to respond to lawful orders.
	  6) Personnel responding to a call for mutual aid outside of their appointed jurisdiction shall have those law enforcement powers provided for by state law, as follows:	
		
		
		
	  7) In the event of a mutual aid request involving actual or potential mass arrests, responding party law enforcement officers shall only make arrests for offenses directly related to the incident, and shall assist in the processing of arrestees as follows:
		a) Identification of arrestees;
		b) Control of property obtained from arrestees;
		c) Completion of arrest certificates;
		d) Transportation of arrestees; and
		e) Court duty pertaining to arrests.
	  8) In any emergency situation where the Mutual Aid Agreement has been invoked, radio communications should be established between all of the parties, where possible, through the use  of the local public mutual aid radio system.
	  9) Each party providing personnel under the scope of this Agreement agrees to be responsible for the wages, pension, and workers' compensation benefits incurred by their own personnel as a result of the emergency situation.  Provided, however, that a party invoking the Mutual Aid Agreement may be charged with overtime costs paid to personnel at the following rate:
					
	  10) Each party shall be responsible for maintaining and providing to each other party on a regular basis an accurate account of available resources including, but not limited to, available personnel per shift, equipment, and specialized units.
	  11) Each party shall develop and update on a regular basis a plan providing for the effective mobilization of all its resources and facilities to cope with any type of emergency situation.
	  12) Mutual aid operational plans shall be developed and updated on a regular basis by the parties hereto, and are operative between the parties in accordance with the provisions of such plans.
	  13) The parties agree to meet on a regular basis to review all mutual aid plans and the provisions of this Agreement.
	  14) This Agreement shall become effective as to each party political subdivision when approved and executed by that political subdivision.  The Agreement shall remain in effect as between each and every party until participation in this Agreement is terminated by the party.  Termination of participation in this Agreement by a party shall not affect the continued operation of this Agreement as between the remaining parties.  Any party to this Agreement may terminate participation in this Agreement upon thirty days written notice addressed to the designated law enforcement official of each of the other signatory political subdivisions which are a party to this Agreement.
	  15) The execution of this Agreement shall not give rise to any liability or responsibility for failure to respond to any request for assistance made pursuant to this Agreement.  This Agreement shall not be construed as or deemed to be an Agreement for the benefit of any third party or parties, and  no third party or parties shall have any right of action whatsoever hereunder for any cause whatsoever.

  In witness whereof, this Agreement has been executed and approved and is effective and operative as to each of the parties as herein provided.



								
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