Local Mutual Aid ResponsePursuant to M.G.L. Chapter 48, section 59A

Steven P. Rourke, General Counsel Department of Fire Services

Topics to be Covered

I. The Law

II. Authorization

III. Privileges and Immunities

IV. Responsibility, Loss and Liability

V. Best Practices

I. The Law

• M.G.L. c. 48, s. 59A is unique to fire departments and was enacted in 1925.

• This authorization for local mutual aid response should not be confused with responses made under EMAC, IEMAC or the fire mobilization plan (E.O. 221) made upon the declaration of an emergency by Governor. The authorization for mobilization under these declarations is vested in the Governor as the Chief Executive of the Commonwealth and are not Chapter 48, section 59A responses.

II. Authorization

A) Participation- “Cities, towns and fire districts may, by ordinance or by-law or by vote of the alderman, selectman or of prudential committee or board exercising similar powers, authorize their respective fire departments to to aid of another city, town, fire district or area under federal jurisdiction in the Commonwealth or in any adjoining state . . .”

B) Purpose

Once authorized, the statute allows for cross jurisdictional emergency response by fire departments to: extinguish fires, render emergency aid or [provide] any other detail ordered by the Head of the Fire Department.

II. Authorization (continued)

II. Authorization (continued)

C) Conditions The authorization to the head of the fire department to extend such aid, may be subject to conditions as prescribed in the approval.

III. Privileges and Immunities

• “While in the performance of their duties in extending such aid, the members of such departments shall have the same immunities and privileges as if performing within their cities, towns, or districts . . .”

IV. Responsibility, Loss and Liability

A) Municipality rendering aid is “responsible for the operation of its equipment and for any damage thereto . . .”

B) Municipality rendering aid is responsible, “subject to the limitations of municipal liability, for personal injury sustained [Chapter 111F] or caused by [Mass. Tort Claim Act - Chapter 258] a member of its department.”

IV. Responsibility, Loss and Liability (continued)

C) Municipality rendering aid is responsible for “any payment which it is required to make to a member of said department or to his widow or other departments on account of injuries or death . .”

D) Absent any agreement with the receiving municipality to the contrary, loss and liability is as outlined above. [Notwithstanding Chapter 32, section 7(4)(b)] This was re-written following City of Everett v. City of Revere case.

V. Best Practices

A) If you provide mutual aid, review what, if any, authorization you have been given in your city, town or district pursuant to Chapter 48, section 59A.

B) Have the city, town or district authorize you to participate in statewide mutual aid plan, regional plans or other plans you have.

C) Review with city/town counsel all plans with an eye toward responsibility for personal injury, death, property loss, indemnification, etc. If city, town or district is ok with standard Chapter 48, section 59A terms, ok. If not, mutual aid agreements must be revised.

V. Best Practices (continued)