IntraState Mutual Aid For New York

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• Intra-State Mutual Aid For New York

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Mutual Aid Definition

• An agreement providing organized, supervised,
  coordinated, cooperative reciprocal assistance
  whereby personnel, equipment and physical
  facilities of participating jurisdictions are
  pooled together for use in a multilateral
  response.

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Background

• At the present time New York does not have a
  uniform statewide mutual aid agreement which
  authorizes jurisdictions to draw upon the
  resources of neighboring jurisdictions in an
  emergency.
• Currently there is a patchwork of local
  agreements but no overarching standardized
  format.
• Since 9/11 more focus has been placed on mutual
  aid.
• Katrina highlighted the importance of
  catastrophic planning.

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Background

• In response to requests from emergency management
  agencies around the country, the National
  Emergency Management Association (NEMA) developed
  model legislation promoting intrastate mutual
  aid (2004).
• NYS is currently examining the need to establish
  an intrastate mutual aid agreement.
• The proposed intrastate mutual aid legislation is
  structured after the highly effective Emergency
  Management Assistance Compact (EMAC), a
  national interstate mutual aid program.

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NEMA Model Overview

• States considering this type of legislation are
  encouraged to modify the model to adapt to
  existing state laws and authorities, and to
  address any unique needs or special
  circumstances.
• Proposed legislation is intended to augment, not
  replace, existing mutual aid agreements (e.g. NYS
  Fire Mobilization and Mutual Aid, DOH EMS, and
  other inter-jurisdictional agreements).
• NEMA suggests that an intrastate agreement
  automatically include all political subdivisions
  in the state, with a provision by which they may
  opt out through local resolution.

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NEMA Model Legislation

• Supports mutual aid by a wide range of emergency
  responders, examples
• Public Works - Medical Personnel
• Law Enforcement - Transportation
• Fire - Public Health
• Social Services
• Includes specific language addressing
• - Responsibilities - Implementation
• - Limitations - Licensing/Permits
• - Reimbursement - Workers Compensation
• - Liability - Development

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NEMA Model Legislation

• A requesting jurisdiction must have declared a
  state of emergency or be requesting in connection
  with authorized drills and exercises.
• Requests shall be made by the CEO (or designee)
  of a member jurisdiction to the CEO (or designee)
  of another member jurisdiction.
• Requests should be in writing but may be verbal
  providing that request be followed up in writing.
• A member jurisdiction is not obligated to respond
  to a request.
• Personnel and assets remain under the responding
  jurisdictions command and control but will be
  under the operational control of the requesting
  jurisdiction.

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NEMA Model Legislation

• An Intrastate Mutual Aid Committee, comprised of
  local and state agency stakeholders, would be
  established for the purpose of
• Establishing Standard Operating Guidelines
  Procedures.
• Developing and ensuring training is provided to
  all stakeholders and users of the system.
• Serving as a clearinghouse for mutual aid issues.

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NEMA Model Legislation

• Licenses and Certifications
• Any license, certificate and other permit issued
  by a member jurisdiction or the state shall be
  recognized by the requesting jurisdiction for the
  duration of the declared emergency or authorized
  drill or exercise.

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NEMA Model Legislation

• Reimbursement
• Any requesting political subdivision shall
  reimburse the participating political subdivision
  rendering aid under this system.
• A participating political subdivision providing
  assistance may waive reimbursement or determine
  to donate assets of any kind to a receiving
  participating political subdivision.

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NEMA Model Legislation

• Workers Compensation
• Personnel of a participating political
  subdivision responding to or rendering assistance
  for a request who sustain injury or death in the
  course of, and arising out of, their employment
  are entitled to all applicable benefits normally
  available to personnel while performing their
  duties for their employer.
• Responsibility is on the sending jurisdiction

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NEMA Model Legislation

• Liability
• All persons under the operational control of the
  requesting jurisdiction are deemed to be
  employees of the requesting jurisdiction. Protect
  them as you would your employees, except in cases
  of negligence or willful misconduct.
• For liability purposes, parties may agree to hold
  harmless indemnify each other against claims.
• Responsibility is on the receiving jurisdiction

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Features Benefits

• Allows local jurisdictions to maintain control
  over local resources
• Meets the eligibility requirements (i.e., a
  pre-existing, written mutual aid agreement) for
  FEMA reimbursement.
• Complies with Homeland Security Presidential
  Directive 5 (regarding interoperability and
  compatibility among local, state, regional and
  national partners).
• Supports National Homeland Security Strategy
  NIMS
• Expands the assets and resources available to you.

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Related NIMS Objectives/Mandates

• Promote and/or develop intrastate and interagency
  mutual aid agreements and assistance agreements
  (to include agreements with the private sector
  and NGOs).
• Utilize response asset inventory for intrastate
  and interstate mutual aid requests such as
  Emergency Management Assistance Compact (EMAC),
  training, exercises, and incidents/planned events.

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Related NIMS Objectives/Mandates

• New FY08 Institute policies, plans, procedures
  and protocols to prevent spontaneous deployment
  of resources/personnel and/or responding to a
  request that bypassed official resource
  coordination processes (i.e., resources requested
  through improper channels).
• New FY08 Institute mechanisms to deploy, track,
  recover, demobilize, and to provide reimbursement
  for resources utilized during response and
  recovery.
• New FY08 Initiate State/Territory-wide system
  to credential emergency management/response
  personnel to ensure proper authorization and
  access to an incident including those involving
  mutual aid agreements and/or assistance
  agreements.
• 2008 NIMS Guidance not finalized

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Other Points to Consider

• Use of volunteers should be recognized and
  included in local plans.
• Need to complement not conflict with existing
  agreements (State Fire Mutual Aid).
• Role of State and County OEM broker resources.
• IMAC Committee help implement and identify
  other gaps in mutual aid develop guidelines and
  templates that may prove useful for day to day
  operations as well.

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