HOUSE DOCKET, NO. 3255        FILED ON: 1/14/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1963

 

 

The Commonwealth of Massachusetts

 

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In the Year Two Thousand Nine

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An Act facilitating the formation of Statewide Mutual Aid Agreements for Public Work Agencies..

 

 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

 Chapter 40 of the General Laws is hereby amended by inserting

 the following new section:—

 Chapter 40, Section 4J. The Statewide Municipal Mutual

 Assistance Program

 (a)(i) “The statewide municipal mutual assistance agreement

 for public works” is defined as a comprehensive statewide agreement

 entered into by participating governmental units for the

 facilitation and provision of sharing of public works resources

 across jurisdictional lines in the case of public works incidents

 that require assistance from one or more additional municipalities.

 (ii) “Governmental unit” is defined as a city, town, county, district

 as defined in Section 1A, however constituted, water or

 sewer commission established under the provisions of

 chapter 40N or pursuant to a special law, fire district, or other

 political entity of the Commonwealth or its municipalities.

  (b) There shall be a statewide mutual assistance agreement

 developed for Public Works activities, by the Statewide Municipal

 Mutual Assistance Advisory Committee within 90 days of the

 enactment of this statute, that covers public works services, personnel,

 equipment, supplies and facilities to prepare for, prevent,

 mitigate, respond to and recover from incidents that require assistance

 from additional municipalities, consistent with the provisions

 herein. Nothing in this section shall establish or apply to

 mutual aid agreements among local public safety agencies. All

 351 municipalities of the Commonwealth shall be automatically

 enrolled in the statewide municipal mutual assistance agreement,

 however, to continue participation in the program, the chief executive

 officer of a city or town, or as otherwise specified by statute

 or charter must sign the mutual assistance agreement within 180

 days of the enactment of the legislation. If a community does not

 execute the agreement it is assumed that the community will not

 be a participant. Participation shall exist for a period of ten years.

 Other governmental units not under the direction and control of a

 commonwealth municipality shall be authorized to sign on to the

 statewide mutual aid agreement on a form filed with and prescribed

 by the Statewide Municipal Mutual Assistance Advisory

 Committee. In addition, governmental units from a municipality

 directly adjacent to a commonwealth municipality, but in another

 state, shall be able to sign on to the statewide mutual aid agreement,

 if duly authorized, on a form prescribed by the Statewide

 Municipal Mutual Assistance Advisory Committee.

 (c) There will be an annual open enrollment period for those

 communities who are not part of the Statewide Municipal Mutual

 Assistance Program. The date of the open enrollment period and

 any other requirements will be established by the Statewide

 Municipal Mutual Assistance Advisory Committee. In addition, a

 community may opt out of the program at any time by informing

 the Statewide Mutual Assistance Advisory Committee, in writing,

 of its intent to terminate participation in the program. This

 request for removal from the program shall be executed by the

 chief executive officer of al city or town, or as otherwise specified

 by statute or charter.

 (d) There shall be a Statewide Municipal Mutual Assistance

 Advisory Committee that shall consist of one appointee made by

 the following parties: the Massachusetts Highway Association, the

 New England Chapter of the American Public Works Association

 (Massachusetts Representative), the New England Water Environment

 Association (Massachusetts Representative), New England

 Water Works Association (Massachusetts Representative), the

 Massachusetts Tree Wardens Association and the Massachusetts

 Municipal Association. One appointee from the Executive Office

 of Public Safety and one member from each of the state’s

 Regional Planning Agencies shall serve as Ex-officio members.

 (e) The Statewide Municipal Mutual Assistance Advisory Committee

 shall develop procedural plans, protocols and programs for

 intrastate cooperation to be used by public works agencies in

 response to an incident.

 (f) Each participating governmental unit shall identify no less

 than one, but no more than three points of contact within its public

 works agency, and shall provide for contacts consistent with the

 governmental unit’s so-called continuation of operation/continuation

 of governance plan.

 (g) A participating governmental unit may request the assistance

 of one or more participating governmental units to:

 (1) Manage public works incident response or recovery if they

 do not possess the ability to do so effectively, independently; or

 (2) Conduct public works incident response or recovery related

 exercises, testing or training.

 (h) A request for assistance to a participating governmental unit

 shall be made by and to: the chief executive officer of a city or

 town, or as otherwise specified by statute or charter, or one of

 three designated points of contact. An oral request shall be allowable

 but must be followed in writing no later than twenty-four

 hours after the oral request is made.

 The request must include the following information:

 (1) A description of the public works incident response and

 recovery functions for which assistance is needed.

 (2) The amount and type of public works services, equipment,

 supplies, materials, personnel, and other resources requested and a

 point of contact at the location.

 (3) The place and time where assistance is needed and where

 the point of contact will be.

  (i) The responding governmental unit shall not be required to

 respond to a request and may choose to do so only if responding

 would not jeopardize the participating municipality's own reasonable

 protection.

 (j) The dispatch of public works resources under the statewide

 mutual assistance agreement shall operate under the direction of

 their parent agency. Tactical operational control of resources shall

 be under the direction and control of the requesting jurisdiction.

 The administration and coordination of the statewide mutual aid

 agreement shall be the responsibility of the Statewide Municipal

 Mutual Assistance Advisory Committee.

 (k) Reimbursement for any and all public works services performed

 under the statewide municipal mutual assistance agreement

 is presumed, but may be waived in writing by a participating

 municipality prior or subsequent to responding to an incident

 through a supplemental agreement. This section shall not provide

 for reimbursement of any kind outside of what is agreed to by the

 individual governmental units.

 (l) Notwithstanding section 4A of chapter 40 of the general

 laws, the chief executive officer of a city or town, or as otherwise

 specified by statute or charter,, is hereby authorized to enter into

 supplemental agreements on behalf of such unit with other governmental

 units to further define the rights and responsibilities of

 each party for the provision of mutual aid pursuant to the

 statewide municipal mutual assistance agreement established

 herein.

 (m) While in transit to, returning from, and during a mutual

 assistance response for another governmental unit, a participating

 public works employee of a governmental unit, or volunteer

 acting officially under the authorization of the governmental unit,

 that is a party to the statewide municipal mutual assistance agreement

 shall maintain the right of indemnification granted by law, or

 by his home governmental unit, should it exist, for all claims

 arising out of any action within the scope of employment in accordance

 with the statewide municipal mutual assistance agreement

 pursuant to this section.

 (n) All public works employees and equipment requested and

 deployed pursuant to the statewide municipal mutual assistance

 agreement shall be covered for liability, immunity, employee

 benefits, worker’s compensation and insurance, by their employer, as

 if they were in their own jurisdiction. Participating governmental

 units may, by supplemental agreement with one or more participating

 governmental units, address issues such as but not limited

 to pay and benefits for government unit employees and volunteers,

 insurance, indemnification, injury compensation and other

 operational matters related to services provided under a mutual

 aid response.

 (o) Barring a supplemental agreement to the contrary, public

 works employees shall receive the same compensation as if they

 were operating in their own jurisdiction while performing services

 under the statewide municipal mutual assistance agreement.

 (p) All activities performed under the statewide municipal

 mutual assistance agreement by governmental units are hereby

 declared to be governmental functions. Neither the parties, nor,

 except in cases of willful misconduct, gross negligence, or bad

 faith, their personnel complying with or reasonably attempting to

 comply with the mutual aid agreement or any ordinance, rule, or

 regulation enacted or promulgated pursuant to the provisions of

 this section shall not be held liable for the death of or injury to

 persons or for damage to property as a result of any such activity.

 (q) Public works employees of a governmental unit that is a

 party to the statewide municipal mutual assistance agreement shall

 be granted recognition of their respective jurisdiction, authority,

 licenses or permits outside their original jurisdiction while operating

 under the statewide municipal mutual assistance agreement.

 (r) This section shall not affect inter-local agreements established

 pursuant to section 4A of chapter 40 of the general laws.

 (s) The Statewide Municipal Mutual Assistance Committee

 shall develop and make available to participating governmental

 units forms to facilitate requests for aid, and to facilitate record

 keeping of movement of public works equipment and personnel.