Table of Contents
INTRASTATE MUTUAL AID COMPACT
Sec. 28-22a. Intrastate Mutual Aid Compact.
Sec. 28-22a. Intrastate Mutual Aid Compact.
Intrastate Mutual Aid Compact.
This compact shall be known as the Intrastate Mutual Aid Compact and is made and
entered into by and between the participating political subdivisions of this state. The
purpose of this compact is to create a system of intrastate mutual aid between participating political subdivisions in the state. Each participant of this system recognizes that
emergencies transcend political jurisdictional boundaries and that intergovernmental
coordination is essential for the protection of lives and property and for best use of
available assets. The system shall provide for mutual assistance among the participating
political subdivisions in the prevention of, response to, and recovery from, any disaster
that results in a declaration of a local civil preparedness emergency in a participating
political subdivision, subject to that participating political subdivision's criteria for declaration. The system shall provide for mutual cooperation among the participating subdivisions in conducting disaster-related exercises, testing or training activities.
Article I. Purposes
Article II. General Provisions
(1) For purposes of this compact: (A) "Participating political subdivision" means
each political subdivision of the state whose legislative body has not adopted a resolution
withdrawing from this compact in accordance with the provisions of this article; and
(B) "chief executive officer" means the elected or appointed officer granted the authority
to declare a local civil preparedness emergency by the charter or ordinance of his or her
(2) On and after October 1, 2007, each political subdivision within the state shall
automatically be a participating member of this compact. A participating political subdivision may withdraw from this compact by adopting a resolution indicating its intent
to do so. The political subdivision shall automatically be deemed to have withdrawn
from this compact upon adoption of such a resolution. The chief executive officer of
such political subdivision shall submit a copy of such resolution to the Commissioner
of Emergency Management and Homeland Security not later than ten days after the
adoption of the resolution. Nothing in this article shall preclude a participating political
subdivision from entering into a supplementary mutual aid agreement with another
political subdivision or affect any other inter-local municipal agreement, including any
other mutual aid agreement, to which a political subdivision may be a party or become
(3) In the event of a serious disaster affecting any political subdivision of the state,
the chief executive officer of that political subdivision may declare a local civil preparedness emergency. The chief executive officer of such political subdivision shall notify
the Commissioner of Emergency Management and Homeland Security of such declaration not later than twenty-four hours after such declaration. Such a declaration shall
activate the emergency plan of operations of that political subdivision, as established
under subsection (a) of section 28-7, and authorize the request or furnishing of aid and
assistance, including any aid and assistance provided under the intrastate mutual aid
system described in this section. No immunity, rights or privileges shall be provided
for any individual who self-dispatches in response to a declaration, without authorization
by such individual's participating political subdivision.
Article III. Responsibilities
The participating political subdivisions shall ensure that the duties of their local or
joint organizations, as described in subsection (a) of section 28-7, include the following:
of the Local and Joint Organizations
of Participating Political Subdivisions
(1) Identifying potential hazards that could affect the participating political subdivisions using an identification system common to all participating jurisdictions;
(2) Conducting of joint planning, intelligence sharing and threat assessment development with contiguous participating political subdivisions, and conduct joint training
at least biennially;
(3) Identifying and inventorying the current services, equipment, supplies, personnel and other resources related to planning, prevention, mitigation, response and recovery activities of the participating political subdivisions; and
(4) Adopting and implementing the standardized incident management system approved by the Department of Emergency Management and Homeland Security.
Article IV. Implementation
Any request for assistance made by the chief executive officer of a participating
political subdivision who has declared a local civil preparedness emergency shall be
made to the chief executive officers of other participating political subdivisions or their
designees. Requests may be oral or in writing, and shall be reported to the Commissioner
of Emergency Management and Homeland Security not later than twenty-four hours
after the request. Oral requests shall be reduced to writing not later than forty-eight
hours after the request.
Article V. Conditions
A participating political subdivision's obligation to provide assistance in the case of
a declared local civil preparedness emergency is subject to the following conditions:
(1) A participating political subdivision shall have declared a local civil preparedness emergency;
(2) A responding participating political subdivision may withhold or recall resources to the extent it deems necessary to provide reasonable protection and services
for its own jurisdiction;
(3) Personnel of a responding participating political subdivision shall continue under the command and control of their responding jurisdiction, including emergency
medical treatment protocols, standard operating procedures and other protocols, but
shall be under the operational control of the appropriate officials within the incident
management system of the participating political subdivision receiving assistance; and
(4) Assets and equipment of a responding participating political subdivision shall
continue under the control of the responding jurisdiction, but shall be under the operational control of the appropriate officials within the incident management system of the
participating political subdivision receiving assistance.
Article VI. Licenses, Certificates and Permits
(1) If a person or entity holds a license, certificate or other permit issued by a participating political subdivision or the state evidencing qualification in a profession, mechanical skill or other skill, and the assistance of that person or entity is requested by a
participating political subdivision, such person or entity shall be deemed to be licensed,
certified or permitted in the political subdivision requesting assistance for the duration
of the declared local civil preparedness emergency, subject to any limitations and conditions as may be prescribed by the chief executive officer of the participating political
subdivisions, by executive order or otherwise; or by the person or entity's sponsor hospital.
(2) The officers, members and employees of the responding political subdivision,
including, but not limited to, public works, firefighting, police or other assigned personnel rendering aid or assistance pursuant to the compact and this section shall have the
same duties, rights, privileges and immunities as if they were performing their duties
in the responding political subdivision.
Article VII. Reimbursement
(1) Participating political subdivisions shall maintain documentation of all assets
provided. In the event of federal reimbursement to a requesting political subdivision,
any political subdivision providing assistance under the compact and this section shall
receive its appropriate share of said reimbursement.
(2) A participating political subdivision may donate assets of any kind to a requesting participating political subdivision. Unless requested in writing, no reimbursement shall be sought by a responding political subdivision from a requesting political
subdivision that has declared a local civil preparedness emergency. Any written request
for reimbursement must be made not later than thirty calendar days after the response,
except that notice of intent to seek reimbursement shall be given at the time the aid is
rendered, or as soon as possible thereafter.
(3) Any dispute between political subdivisions regarding reimbursement shall be
resolved by the parties not later than thirty days after written notice of the dispute by
the party asserting noncompliance. If the dispute is not resolved within ninety days of
the notice of the claim, either party may request that the dispute be resolved through
arbitration. Any such arbitration shall be conducted under the commercial arbitration
rules of the American Arbitration Association.
Article VIII. Liability
For the purposes of liability, all persons from a responding political subdivision under
the operational control of the requesting political subdivision are deemed to be employees of the responding political subdivision. Neither the participating political subdivisions nor their employees, except in cases of wilful misconduct, gross negligence or
bad faith, shall be liable for the death of or injury to persons or for damage to property
when complying or attempting to comply with the intrastate mutual aid system.
(P.A. 07-56, S. 1.)