Mutual aid agreements*
can be effective tools to assist U.S. state and local governments,
Tribes, Canadian provinces, First Nations, and Mexican states in
sharing information, data, supplies, resources, equipment, or personnel
for the purpose of protecting the public’s health. Public health
officials with an interest in developing mutual aid agreements have
frequently approached CDC’s Public Health Law Program to request
the creation of “model” agreements. In an effort to be of assistance
in that regard, the Public Health Law Program, in cooperation with
CDC’s Coordinating Office for Terrorism Preparedness and Emergency
Response (COTPER), gathered, reviewed, analyzed, condensed, and
categorized provisions from numerous and varied mutual aid agreements.
A workshop was then convened, comprised of public health attorneys
and officials representing U.S. federal, state, and local governments,
Canadian federal and provincial entities, and Tribes with a wide
range of mutual aid responsibility, experience, and expertise. Workshop
participants reviewed and analyzed the collected provisions, and
provided valuable input concerning the types of provisions that
could be considered for possible inclusion in agreements. This document
is the product of those efforts. It is hoped that the document will
be of immediate practical value to public health officials and their
legal counsel in the development of mutual aid agreements involving
a variety of jurisdictions.
While this document is intended to provide impetus for consideration
of various mutual aid-related issues, and to suggest some possible
approaches for addressing those issues, the suggested provisions
must be carefully scrutinized and modified as necessary to accurately
reflect the specific intent of the parties to an agreement. For
example, the types of provisions to be included within a mutual
aid agreement are necessarily dependent on the resources to be shared
and the circumstances under which sharing may be contemplated. With
varying degrees of specificity, resources to be shared may include
information, data, supplies, equipment, or personnel. Some parties
may wish to share resources only upon a declaration of emergency.
On the other hand, resource sharing may be a method of providing
surge capacity in response to smaller scale, non-declared emergencies.
Resource sharing may even be an effective means of executing routine
public health functions. Parties using the following provisions
to assist in the negotiation and development of mutual aid agreements,
therefore, must determine whether a particular type of provision
is relevant to their contemplated agreement, and must then carefully
tailor provisions to meet their specific needs.
Each section commences with a brief note describing the purpose
and effect of provisions included within the section. Provisions
in each section are in turn organized under sub-headings. Bulleted
provisions within each section and under each sub-heading are mutually
exclusive; i.e., a bulleted provision should be viewed as alternative
to, rather than supplemental to, other provisions. As noted above,
the suggested provisions are only examples intended to prompt negotiation
and drafting of provisions that will comply with applicable laws
and best meet the needs of the parties to a particular mutual aid
agreement. The suggested provisions are followed by a Special Note
Relating to Tribes.
*Parties intending to create informal
or non-binding terms may choose to title the document a “memorandum
of understanding” or a “memorandum of agreement” rather than a “mutual
aid agreement.”
|