Mutual Aid for the National Capital Region

1. Mutual Aid for theNational Capital Region MWCOG Board of Directors November 9, 2005

2. Historic Perspective • Local governments have been assisting each other informally since the 19th Century • Under “joint powers” statutes, local governments have had clear intrastate authority for decades – interstate authority less clear • Interstate mutual aid for public safety functions sponsored by COG since 1960’s

3. Historic Perspective • Federal Court (Biscoe v. Arlington - 1982) undermines interstate mutual aid by complicating third party liability questions • No new mutual aid agreements or amendments since the 1980’s • Post 9/11 need for significant overhaul and enhancement of mutual aid

4. Historic Perspective • COG jurisdiction attorneys, state Attorneys General, and DHS representatives craft a proposed federal statute as solution • Negotiate with DHS, DOJ, OMB, and Secret Service to insure federal approval • Shop resulting Bill with Congress • National Capital Region given mutual aid authorization by Intelligence Reform and Terrorist Protection Act of 2004 (9/11 Commission Bill)

5. Historic Perspective • Maryland mutual aid statute amended to parallel new federal law • COG Jurisdiction Attorneys draft master agreement “National Capital Region Mutual Aid Agreement” to implement new federal law • DHS and State Attorneys General approve form and language of agreement • Now ready for execution by jurisdictions

6. NCR Mutual Aid - Parties • All COG Member jurisdictions expected to execute as parties • Local governments bordering COG footprints may be parties • Maryland and Virginia (or state agencies) may be parties • MWAA and WMATA may be parties • Federal Agencies with first response needs or capacities may be parties

7. NCR Mutual Aid - Parties • Private entities probably not parties to this Agreement; but may have separate agreement with COG or with COG jurisdictions or both, e.g.: • Hospitals • Utilities • Truckers and Contractors • Humane Societies

8. NCR Mutual Aid - Emergencies • Natural Events • Hurricanes, earthquakes, tornados, etc. • Human Caused Events • Accidents, terrorist events, etc. • Presidential declared emergency • Gubernatorial declaration of state of emergency • Local official declaration of state of emergency

9. NCR Mutual Aid – Public Service Event • One-shot major public events, e.g. • Million Man March • Political Demonstrations • July 4th Celebration • Recurrent minor acts of mutual support, e.g. • 2nd due fire response • Traffic control

10. NCR Mutual Aid - Training • Regular or ongoing training at regional locations • Specialized first response training or exercises • Table top • Field exercises

11. NCR Mutual Aid - Liability • For governmental parties and their employees, a partial reversal of tort law • Responding parties can only be sued in their own jurisdiction, and only under their own laws • Responding parties’ employee benefits remain the same, even in another state, e.g., • Workers’ compensation • Death or disability benefits

12. NCR Mutual Aid - Indemnification • Parties waive all claim for indemnification for injuries done to parties’ property or employee benefits or unusual expenses

13. NCR Mutual Aid - Reimbursement • Parties will not reimburse each other for the costs of providing the mutual aid • Employee compensation • Travel • Equipment wear and tear • Parties can seek reimbursement during presidential declared emergency • This permits pass-through reimbursement by FEMA

14. NCR Mutual Aid – Next Steps:Adoption by Jurisdictions • COG jurisdictions will consider a resolution: • Authorizing execution by appropriate official • Authorizing provision of mutual aid pursuant to Operational Plan(s) • Authorizing creation of Operational Plans for various functions and delegating authority to negotiate, execute, and amendment when necessary

15. NCR Mutual Aid – Next Steps:Operations Plans • Police • Fire • Public Health • Transportation • Public Works • Animal Control • Others, as appropriate • COG staff will assist COG Technical Committees and R-ESF Groups in crafting draft Operations Plans for these disciplines or functions which provide first or subsequent response, including:

16. NCR Mutual Aid– Next Steps:Operations Plans • These Operational Plans may be revisions of older plans, or completely new plans • For each Operational Plan there will be a drafting committee of a discipline or function representative from DC, MD, and VA, and one or more members of the Attorneys Committee • After an Operational Plan is drafted it will be circulated to all the parties which perform that discipline or function for review and comment, seeking amendments where appropriate, before requesting approval

17. NCR Mutual Aid – Next StepsExternal Parties • COG will immediately offer participation in the Mutual Aid Agreement to Frederick County, which is still outside the DHS definition of the National Capital Region • COG will approach WMATA, MWAA, Maryland, and Virginia about appropriate potential participation in this mutual aid scenario. • COG will similarly approach the military JFHQ and other federal installations as appropriate.