TR-2014-41 ACCEPTING MGL CH 40, SECT 8G 3 _
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RESOLUTION TR-201441
A RESOLUTION ACCEPTING MASSACHUSETTS GENERAL LAWS,CHAPTER 40,
SECTION 8G
(Sponsored By: Mayor Richard A. Cohen)
WHEREAS, the Town of Agawam has determined that under certain circumstances the
need may arise for Agawam law enforcement to assist surrounding communities; and
WHEREAS, the Town of Agawam has determined that under certain circumstances the
need may arise whereby it requires the assistance of surrounding communities; and
WHEREAS, such assistance will increase the ability of the Agawam Police Department
to protect the lives, safety and property of the residents Town of Agawam; and
WHEREAS, Massachusetts General Law Chapter 40, Section 8G must be accepted by
the Town of Agawam in order to enter into a Mutual Aid Agreements presented to the Agawam
Chief of Police; and
WHEREAS, it is in the best interests of the Town of Agawam to accept Massachusetts
General Law Chapter 40, Section 8G.
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves to accept
Massachusetts General Law Chapter 40, Section 8G.
DATED THIS 2&F 2014.. w
PER ORDER OF THE AGAWAM CITY COUNCIL CO—
Cc, att'b*(
_ _ _. tea.
Christopher C. o n,President — �1 �
APPR VED AS T ORM AND LEGALITY
Vincent Gio ' olicitor
MAYORAL ACTION
Received this r" day of, 43VL, 2014 from Council Clerk.
Signed by Council President this c-'?O� day of ak 2014.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
anAnded, hereby approve the passage of the above legislation on this day of
2014.
Richard A. Cohen,Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
2014 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
�7
Returned to Council Clerk this ! Ph—, day of_ 0!*bb�,2014,
•� • AGAwAm POLICE DEPARTMENT
Epic P. G1<Lus °
Chief of Police
September 18,2014
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Council Member,
You have just reviewed a Resolution prepared by Agawam City Solicitor, Attorney Vincent
Gioscia, to accept Massachusetts General Law Ch.40, §8G, which authorizes cities and towns to
enter into Mutual Aid Agreements with other cities and towns designed to provide mutual aid
programs for police departments to increase the capability of such departments to protect the
lives, safety and property of the people in the area designated in the agreement. This model has
already been widely adopted and implemented in geographic areas in the eastern end of our state.
These umbrella agreements have also been utilized by the fire services of the Commonwealth
with great success. Currently, we engage in separate agreements with individual communities.
which leaves gaps in coverage. and simultaneously leads to stagnation of such agreements due to
lack of timely review. These individual agreements also create a lack of continuity from
community to community,
The Agawam Police Department currently has the opportunity to enter into the Western
Massachusetts Law Enforcement Mutual Aid Agreement. However, the Town's acceptance of
the above-referenced MGL is required for our department to be a signatory. As of September 8,
2014, the communities of Easthampton, Holyoke, Westfield, Ludlow, Granby, Westhampton,
Palmer, Monson, Pelham, Deerfield, South Hadley, Hatfield, Northampton, Belchertown,
Hadley, Wilbraham, Longmeadow, Goshen, Hampden, Southwick, and Amherst are all
signatories to this agreement. It is anticipated that the communities of West Springfield,
Chicopee, Springfield, East Longmeadow, Huntington, Williamsburg, Ware, Chesterfield, and
the UMASS Police Department will also become signatories.
Your acceptance of M.G.L Ch.40, §8G will pave the way for the Agawam Police Department to
enter into an agreement which will enable us to better meet the needs of our residents in times of
crisis. It will also ensure that our officers are legally protected when the performance of their
duties takes them outside of the jurisdictional and geographic boundaries of our community. Our
681 Springfield St•. - Feeding Hills,MA 01030 - T"el:(413)786.4767 9 1"ax.(413)786.4821 - egillis@agawarn.ma.us
participation will also put us in on the ground floor for future developments related to the
creation of a regional law enforcement council. Inclusion in a regional law enforcement council
will enable us to meet the recommendations and funding trends of the Commonwealth and
Federal governments as they relate to their collective push for individual communities to
participate in regionalization of services. Like the regional mutual aid agreements for law
enforcement services, these councils have already been created in the eastern end of the
Commonwealth, and have enabled local departments to work with one another to provide
specialized law enforcement services to their communities. These councils ensure the prompt
delivery of specialized law enforcement services, like motor vehicle crash reconstruction and
tactical team response, while simultaneously ensuring that local control is not relinquished to
state and federal agencies that have typically provided such services.
1 respectfully request your favorable consideration of this request, so that together we can ensure
that the Agawam Police Department is able to interact and cooperate with other local law
enforcement agencies here in Western Massachusetts. Thank you for your time and consideration
of this request.
Res tf Y
F - Ciiilis
Chief Of PORce
Cc; Mayor Richard Cohen
Personnel File
WESTERN MASSACHUSETTS
LAW ENFORCEMENT MUTUAL AID
AGREEMENT
This Mutual Aid Agreement is made among and between the Signatory Parties as of the dates indicated
next to their respective signatures on Attachment A, which is attached hereto and made a part hereof,
subject to the withdrawal and addition of Parties in accordance with the provision of Section 4.0 and
Section 5.0 of this agreement.
WHEREAS, Chapter 40, Section 8G, of the Massachusetts General Laws (MGL), duly accepted by each
of the Parties, authorizes cities and towns to enter into agreements with other cities and towns, and
Section 2 of Chapter 348 of the Acts of 2004 authorizes the University of Massachusetts Amherst to
enter into Mutual Aid Agreements authorized by MGL Ch. 40, Sec. 8G to provide mutual aid programs
for police departments to increase the capability of such departments to protect the lives, safety and
property of the people in the area designated in the agreement; and
WHEREAS, each Party desires to enter into an agreement that sets forth mutually agreeable terms and
conditions for the furnishing of law enforcement mutual aid for the exercise of police authority by police
officers of each Party within the territorial limits of each other Party;
NOW THEREFORE,the Parties hereto mutually agree as follows:
Section 1,0 Purpose &Authority:
The purpose of this Agreement is to establish a strategic working partnership to address public safety
concerns including but not limited to: providing mutual aid for the member police departments because
of terrorist or enemy action; natural disaster; unusual occurrence, including but not limited to fire,flood,
storm, earthquake, landslide, aircraft accident, search or rescue operations; other natural or man-
caused incidents requiring exceptional police action; school or workplace violence; riot; mob action; civil
disturbance; demonstration; urban insurgency; unsafe or impaired driving; police outside details; drug
distribution; tactical operations; K-9; electronic & cybercrime; combating violent street gangs and
associations; the pursuit and/or apprehension of suspected traffic violators; as well as any law
enforcement operations that require more sophisticated investigation on a regionalized basis or any
situation threatening the peace and tranquility in the Parties'jurisdictions.
In order to address these public safety concerns, the Parties hereby agree to have sworn police officers
from each department empowered to operate with full police powers, including the power of arrest, in
each participating Party's jurisdiction. This Agreement is intended to supplement but not contradict the
provisions of MGL Ch.41 §99, as well as all other statutes and common law that authorize police officers
of one Party to exercise police powers in another Party's jurisdiction. Such extraterritorial exercise of
police powers is authorized under this Agreement in both mutual-aid-request and self-activation
situations, as defined herein. Nothing contained in this agreement shall be construed as limiting the
lawful authority of police officers to make arrests or to exercise their police powers or to engage in fresh
and continued pursuit under MGL Ch.41, §98A.
Section 2.0 Definitions:
For purposes of this Agreement, the following terms shall be defined as set forth below:
a. Chief of Police: A Party's chief law enforcement officer; includes functional equivalent of
Chief of Police, whether denominated "Director," "Commissioner," "Marshal,"
"Superintendent," or similar title.
b. Commanding Officer: A Party's Chief of Police, designee of the Chief of Police, or Police
Officer in charge of a shift.
c. Official Request: A request for police assistance or for the exercise of Police Powers made by
one Party of one or more other Parties under the terms of this Agreement.
d. Party: City, Town, the University of Massachusetts Amherst, or any other entity or agency
with law enforcement powers that has been authorized to and has executed this Agreement.
A Party may be located within, or be contiguous to, the Commonwealth of Massachusetts.
The Parties are listed in Attachment A,which is incorporated herein by reference, and may be
revised from time to time as Parties join and withdraw from this Agreement.
e. Police Officer: On-duty sworn police officers regularly employed as such by or in any Parry;
for purposes of this Agreement, Chiefs of Police and/or their designees shall be the only
Police Officers considered on-duty at all times.
f. Police Powers: All police powers granted to Police Officers regularly employed as such,
including but not limited to the power of arrest.
g. Receiving Party: A Party receiving police assistance or in which one or more Police Officers
regularly employed as such by another Party is exercising Police Powers in accordance with
this Agreement.
h. Self-Activation: The exercise of Police Powers within the territorial limits of any Party by any
Police Officer regularly employed as such by any other Party under the terms of this
Agreement in the absence of an Official Request.
i. Sending Party: A Party that provides police assistance under the terms of this Agreement or
that regularly employs one or more Police Officers who exercise Police Powers within the
territorial limits of any other Party under the terms of this Agreement.
Section 3.0 Term of Agreement:
This Agreement shall be effective immediately among and between the signatory Parties as of the dates
indicated next to their respective signatures on Attachment A, which is attached hereto and made a part
hereof, subject to the withdrawal and addition of Parties in accordance with the provision of Section 4.0
and Section 5.0 of this agreement. The agreement shall remain in effect thereafter among and between
any remaining Parties until terminated as provided in Section 4.0.
2
Section 4.0 Termination of Agreement:
Any Party may unilaterally withdraw from this Agreement at any time upon thirty (30) days prior written
notice to all Parties.
Section 5.0 Amendment of Agreement:
This Agreement may be amended from time to time only by a specific writing duly executed by all the
Parties. Any municipality in Berkshire, Franklin, Hampden and Hampshire Counties, provided it has
adopted MGL Ch. 40 Sec. 8G or has been otherwise authorized to enter in this agreement, may become
an additional Party to this agreement by signing a copy of Attachment B and providing written notice to
all other Parties to this agreement, enclosing a copy of the executed Attachment B, within 30 days of
executing such attachment.
All notices shall be provided to the Mayor, Manager, or Board of Selectmen, or authorized signatory as
well as the Chief of Police of each Party.
Nothing contained herein shall preclude the Chiefs of Police of the participating Parties from establishing
mutual aid guidelines and procedures that are consistent with the terms of this Agreement.
Section 6.0 Obligations and Responsibilities:
6.01 Authority of Officers: The police powers, rights, privileges and immunities of any Police
Officer employed by a Party to this Agreement shall extend within the territorial or jurisdictional
limits of each other Party to this Agreement while such Police Officer operates in accordance
with this Agreement, either pursuant to an Official Request or Self-Activation. In addition,
without in any way limiting the foregoing, Police Officers who are on-duty and operating a police
vehicle equipped with emergency warning lights and audible sirens or other similar devices may
enforce the motor vehicle laws of the Commonwealth of Massachusetts while in the jurisdiction
of another participating Party.
Whenever any officer from a Party decides to exercise police powers in the jurisdictional territory
of any other Party, said officer should provide or make arrangements to provide notification, as
soon as practically possible, to the police department in the jurisdiction in which the officer is
exercising police powers.
Operating within the territorial limits of a Receiving Party in accordance with this Agreement
shall not cause a Police Officer to be considered for any purpose to be an employee of the
Receiving Party. All employment rights, compensation, and benefits, including but not limited to
the provisions of MGL Ch. 41, § 111F and/or MGL Ch. 32 § 94, shall remain the responsibility of
the Sending Party. Notwithstanding the foregoing, any Party may be reimbursed in accordance
with this Agreement and shall be entitled to the liability and indemnification protections as
outlined herein.
3
Any citizen or other complaint or investigatory or disciplinary action arising out of the conduct of
any Police Officer acting pursuant to this Agreement shall be treated as If the Officer had been
operating within the territorial limits of the Sending Party at the time of the incident(s) or
conduct at issue, unless otherwise agreed upon by the Sending Party and the Receiving Party.
6.02 Command and Control: When exercising Police Powers pursuant to this Agreement,
Police Officers shall be under the direction and control of the Commanding Officer of the
receiving Party during the duration'of the operation, event or incident in connection with which
the Police Officer is exercising Police Powers.
The Commanding Officer of the Sending Party may recall the Police Officers and equipment of
the Sending Party at the Commanding Officer's sole discretion.
6.03 Official Request: Any Party or its designee may request assistance from any other Party
for any valid iaw-enforcement purpose, including but not limited to the purposes set forth above
in Section 1.0(Purpose &Authority)and as detailed below in Section 6.04 (Self-Activiation). Any
Official Request should include all pertinent Information such as the nature, location, and
expected duration of the event or situation giving rise to the Official Request; the number of
Police Officers requested, including specialty requirements; the type of equipment and logistical
support needed; the location to which Police Officers should report; and the name of the
supervising officer or Commanding Officer to whom Police Officers should report. This
Agreement is not intended to impose any obligation on any Party to respond to any Official
Request.
6.04 Self-Activation: A Police Officer who observes or becomes aware of any violation of law
within the territorial limits of any Party may exercise Police Powers within the territorial limits of
any Party for the purpose of preventing harm to the public; preventing loss or damage to
property; engaging and stopping unlawful behavior; investigating possible criminal violations;
increasing the capability of all Parties to protect the lives, safety, and property of people in the
area; making an arrest or detaining offenders pending arrival of a Police Officer of the Receiving
Party; enforcing or investigating any traffic-related incident or violation, whether or not it was
originally observed in territorial limits of the Sending Party; and fresh-and-continued pursuit or
exigent circumstances as otherwise authorized by law.
Notwithstanding the forgoing or any other provision of this agreement, a Chief may issue an
order that any one or more officers are not to seff-activate or may impose additional restrictions
an their department's officers in such instances.
6.05 Notification to Receiving Party of Exercise of Police Powers: Whenever Police Powers
are exercised by a Police Officer in a Receiving Party's Jurisdiction pursuant to this Agreement,
the Commanding Officer of the Receiving Parry shall be notified promptly, given the
circumstances, by the Police Officer exercising the Police Powers so that arrangements car, be
made for any arrestee to be transported to the appropriate police headquarters or other lock-up
and/or booking facility to undergo the required administrative booking process in the jurisdiction
where the arrest occurred, or so that other appropriate administrative action may be taken.Such
notification is intended to ensure that the Police Officer has properly recorded all of the facts and
circumstances of the arrest or other police action in conformance with the policies, procedures
4
and regulations of the agency where the enforcement occurred, including the appropriate
biographical data of any involved person, and the documentation necessary for the effective
prosecution of any criminal defendant in a court of proper jurisdiction, including, but not limited
to, citations, incident and arrest reports.
6.06 Powers of Police Officers: The powers of all the Police Officers operating under this
Agreement shall remain in full force and effect for the duration of this Agreement unless any of
the following should occur:
Ce Separation of service from or suspension by the employing agency;
4, The Chief of Police or designee of the Sending Party imposes a restriction on the Police
Officer's authority to exercise Police Powers in accordance with this Agreement.
6.07 Costs and Expenses: Each Party to this Agreement shall assume and be responsible for
paying all of its own personnel costs, including, but not limited to, the salaries, overtime
premiums, and disability benefits payable to its own Police Officers, and all of its own equipment
costs, including, but not limited to, damage to or loss of its own equipment, and use of fuel,
ammunition and other expendable supplies; provided, however, that the Receiving Party, if an
Official Request has been made, shall reimburse the 5ending Party for such payments to the
extent there is insurance coverage available to do so and/or any Federal or State grant funds
and/or emergency funds(e.g., in the event of a natural disaster) are available to do so.
If an Official Request has been made for a long-standing incident or pre-planned event, unless
otherwise agreed upon, the Receiving Party agrees to reimburse the Sending Party for any/all
expenses incurred during such incident or event.
Section 7.0 Liability and Indemnification:
Each Party agrees to assume its own defense and to hold each other Party, its agents, servants, and
employees harmless from all suits and claims brought by third parties arising out of any act or omission
committed by that Party or its Police Officers,
Section 8.0 Successors and Assigns:
The provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the successors
and assigns and the public body or bodies succeeding to the respective interests of the Parties.
Section 9.0 Section Headings:
The headings of the Sections set forth herein are for convenience of reference only and are not part of
this Agreement and shall be disregarded in constituting or interpreting any of the provisions of this
Agreement.
Section 10.0 Execution of Counterparts and Notice:
This Agreement may be executed in any number of counterparts. All such counterparts shall be deemed
to be originals and together shall constitute but one and the same instrument. All notices, requests,
5
demands and other communications hereunder shall be in writing and shall be deemed to have been
duly given if delivered or mailed, postage prepaid, certified mail, return receipt requested and/or to
such other person(s) and address(es) as any party shall have specified in writing to the other subsequent
to the execution of this Agreement.
Section 11.0 Stability of Agreement:
This Agreement is to be construed in accordance with the laws of the Commonwealth of Massachusetts.
This Agreement, along with any referred to Attachment(s), embodies the entire agreement between the
Parties hereto, and each Party acknowledges that there are no inducements, promises, terms,
conditions or obligations made or entered into other than those contained herein.
Section 12.0 Invalidity:
If any provision of this Agreement is held to be illegal, invalid or unenforceable,the remaining terms and
provisions shall not be affected and shall remain in full force and effect.
Section 13.0 Non-Waiver:
The failure of any Party to enforce at any time any of the provisions hereof shall not be construed to be
a waiver of such provisions or of the right of such Party thereafter to enforce any such provisions.
Section 14.0 Signatories and Certification:
IN WITNESS WHEREOF, the Parties have executed this Agreement and caused it to be effective as to
each Party as of the date set forth in the signature block for that Party.
Each Party certifies to the others (a) that it has duly accepted the provisions of Massachusetts General
Laws Chapter 40, Section 8G, (b) that it is duly authorized to execute this Agreement and (c) that its
Police officers have complied with training mandates of Massachusetts General Laws Chapter 41,
Section 968.
Executed as a sealed instrument by the Parties' duly authorized representatives.
For the (YOUR Municipality here):
XXXXX XXXXXXX, Mayor Date XXXXXX XXXXXX, Chief of Police Date
6
ATTACHMENT A
WESTERN MASSACHUSETTS
LAW ENFORCEMENT MUTUAL AID AGREEMENT
Effective July 15, 2014,communities participating in the attached `Western Massachusetts Interagency
Mutual Aid Agreement' are as follows:
For the City/Town of XXXXXXX-
XXXX XXXXX, Mayor/Manager/Select Chair Date XXXX XXXXX, Chief of Police Date
RESOLUTION TR-2014-41
A RESOLUTION ACCEPTING MASSACHUSETTS GENERAL LAWS, CHAPTER 40,
SECTION 8G
(Sponsored By: Mayor Richard A. Cohen)
WHEREAS, the Town of Agawam has determined that under certain circumstances the
need may arise for Agawam law enforcement to assist surrounding communities; and
WHEREAS, the Town of Agawam has determined that under certain circumstances the
need may arise whereby it requires the assistance of surrounding communities; and
WHEREAS, such assistance will increase the ability of the Agawam Police Department
to protect the lives, safety and property of the residents Town of Agawam; and
WHEREAS, Massachusetts General Law Chapter 40, Section 8G must be accepted by
the Town of Agawam in order to enter into a Mutual Aid Agreements presented to the Agawam
Chief of Police; and
WHEREAS, it is in the best interests of the Town of Agawam to accept Massachusetts
General Law Chapter 40, Section 8G.
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves to accept
Massachusetts General Law Chapter 40, Section 8G.
DATED THIS��OFOE-' � XC , 2014.
PER ORDER OF THE AGAWAM CITY COUNCIL C Chun
Christopher C. Jo on, President
ZVED LTORM AND LEGALITY
Vincent Gios 'a olicitor
MAYORAL ACTION
Received this C� r" day of �L� , 2014 from Council Clerk.
Signed by Council President this� 041 _ day of , 2014.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
a ended, hereby approve the passage of the above legislation on this day of
, 20I4.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
, 2014 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this d07 day of C U[JU�--� , 2014.
AGAWAM POLICE DEPARTMENT
e o ERIC P. GILLI[S
Chief of Police
September 18, 2014
Agawam Town Council
36 Main Street
Agawam, MA 0 100 1
Dear Council Member,
You have just reviewed a Resolution prepared by Agawam City Solicitor, Attorney Vincent
Gioscia, to accept Massachusetts General Law Ch.40, §8G, which authorizes cities and towns to
enter into Mutual Aid Agreements with other cities and towns designed to provide mutual aid
programs for police departments to increase the capability of such departments to protect the
lives, safety and property of the people in the area designated in the agreement. This model has
already been widely adopted and implemented in geographic areas in the eastern end of our state.
These umbrella agreements have also been utilized by the fire services of the Commonwealth
with great success. Currently, we engage in separate agreements with individual communities,
which leaves gaps in coverage, and simultaneously leads to stagnation of such agreements due to
lack of timely review. These individual agreements also create a lack of continuity from
community to community.
The Agawam Police Department currently has the opportunity to enter into the Western
Massachusetts Law Enforcement Mutual Aid Agreement. However, the Town's acceptance of
the above-referenced MGL is required for our department to be a signatory. As of September 8,
2014, the communities of Easthampton, Holyoke, Westfield, Ludlow, Granby, Westhampton,
Palmer, Monson, Pelham, Deerfield, South Hadley, Hatfield, Northampton, Belchertown,
Hadley, Wilbraham, Longmeadow, Goshen, Hampden, Southwick, and Amherst are all
signatories to this agreement. It is anticipated that the communities of West Springfield,
Chicopee, Springfield, East Longmeadow, Huntington. Williamsburg, Ware, Chesterfield, and
the UMASS Police Department will also become signatories.
Your acceptance of M.G.L Ch.40, §8G will pave the way for the Agawam Police Department to
enter into an agreement which will enable us to better meet the needs of our residents in times of
crisis. It will also ensure that our officers are legally protected when the performance of their
duties takes them outside of the jurisdictional and geographic boundaries of our community. Our
681 Springfield St. • Feeding Hills, MA 01030 • Tel:(413)786.4767 • Fax:(413) 786,4821 • egillis@agawam.ma.us
participation will also put us in on the ground floor for future developments related to the
creation of a regional law enforcement council. Inclusion in a regional law enforcement council
will enable us to meet the recommendations and funding trends of the Commonwealth and
Federal governments as they relate to their collective push for individual communities to
participate in regionalization of services. Like the regional mutual aid agreements for law
enforcement services, these councils have already been created in the eastern end of the
Commonwealth, and have enabled local departments to work with one another to provide
specialized law enforcement services to their communities. These councils ensure the prompt
delivery of specialized law enforcement services, like motor vehicle crash reconstruction and
tactical team response, while simultaneously ensuring that local control is not relinquished to
state and federal agencies that have typically provided such services.
I respectfully request your favorable consideration of this request, so that together we can ensure
that the Agawam Police Department is able to interact and cooperate with other local law
enforcement agencies here in Western Massachusetts. Thank you for your time and consideration
of this request.
Resp.e�j`su m i tt ,
F. P. Gillis
Ch ieJ=o f POCice
Cc: Mayor Richard Cohen
Personnel File
WESTERN MASSACHUSETTS
LAW ENFORCEMENT MUTUAL AID
. AGREEMENT
This Mutual Aid Agreement is made among and between the Signatory Parties as of the dates indicated
next to their respective signatures on Attachment A, which is attached hereto and made a part hereof,
subject to the withdrawal and addition of Parties in accordance with the provision of Section 4.0 and
Section 5.0 of this agreement.
WHEREAS, Chapter 40, Section 8G, of the Massachusetts General Laws (MGL), duly accepted by each
of the Parties, authorizes cities and towns to enter into agreements with other cities and towns, and
Section 2 of Chapter 348 of the Acts of 2004 authorizes the University of Massachusetts Amherst to
enter into Mutual Aid Agreements authorized by MGL Ch. 40, Sec. 8G to provide mutual aid programs
for police departments to increase the capability of such departments to protect the lives, safety and
property of the people in the area designated in the agreement; and
WHEREAS, each Party desires to enter into an agreement that sets forth mutually agreeable terms and
conditions for the furnishing of law enforcement mutual aid for the exercise of police authority by police
officers of each Party within the territorial limits of each other Party;
NOW THEREFORE, the Parties hereto mutually agree as follows:
Section 1.0 Purpose & Authority:
The purpose of this Agreement is to establish a strategic working partnership to address public safety
concerns including but not limited to: providing mutual aid for the member police departments because
of terrorist or enemy action; natural disaster; unusual occurrence, including but not limited to fire, flood,
storm, earthquake, landslide, aircraft accident, search or rescue operations; other natural or man-
caused incidents requiring exceptional police action; school or workplace violence; riot; mob action; civil
disturbance; demonstration; urban insurgency; unsafe or impaired driving; police outside details; drug
distribution; tactical operations; K-9; electronic & cybercrime; combating violent street gangs and
associations; the pursuit and/or apprehension of suspected traffic violators; as well as any law
enforcement operations that require more sophisticated investigation on a regionalized basis or any
situation threatening the peace and tranquility in the Parties'jurisdictions.
In order to address these public safety concerns, the Parties hereby agree to have sworn police officers
from each department empowered to operate with full police powers, including the power of arrest, in
each participating Party's jurisdiction. This Agreement is intended to supplement but not contradict the
provisions of MGL Ch. 41 §99, as well as all other statutes and common law that authorize police officers
of one Party to exercise police powers in another Party's jurisdiction. Such extraterritorial exercise of
police powers is authorized under this Agreement in both mutual-aid-request and self-activation
situations, as defined herein. Nothing contained in this agreement shall be construed as limiting the
lawful authority of police officers to make arrests or to exercise their police powers or to engage in fresh
and continued pursuit under MGL Ch. 41, §98A.
Section 2.0 Definitions:
For purposes of this Agreement, the following terms shall be defined as set forth below:
a. Chief of Police: A Party's chief law enforcement officer; includes functional equivalent of
Chief of Police, whether denominated "Director," "Commissioner," "Marshal,"
"Superintendent," or similar title.
b. Commanding Officer: A Party's Chief of Police, designee of the Chief of Police, or Police
Officer in charge of a shift.
c. Official Request: A request for police assistance or for the exercise of Police Powers made by
one Party of one or more other Parties under the terms of this Agreement.
d. Party: City, Town, the University of Massachusetts Amherst, or any other entity or agency
with law enforcement powers that has been authorized to and has executed this Agreement.
A Party may be located within, or be contiguous to, the Commonwealth of Massachusetts.
The Parties are listed in Attachment A, which is incorporated herein by reference, and may be
revised from time to time as Parties join and withdraw from this Agreement.
e. Police Officer: On-duty sworn police officers regularly employed as such by or in any Party;
for purposes of this Agreement, Chiefs of Police and/or their designees shall be the only
Police Officers considered on-duty at all times.
f. Police Powers: All police powers granted to Police Officers regularly employed as such,
including but not limited to the power of arrest.
g. Receiving Party: A Party receiving police assistance or in which one or more Police Officers
regularly employed as such by another Party is exercising Police Powers in accordance with
this Agreement.
h. Self-Activation: The exercise of Police Powers within the territorial limits of any Party by any
Police Officer regularly employed as such by any other Party under the terms of this
Agreement in the absence of an Official Request.
i. Sending Party: A Party that provides police assistance under the terms of this Agreement or
that regularly employs one or more Police Officers who exercise Police Powers within the
territorial limits of any other Party under the terms of this Agreement.
Section 3.0 Term of Agreement:
This Agreement shall be effective immediately among and between the signatory Parties as of the dates
indicated next to their respective signatures on Attachment A, which is attached hereto and made a part
hereof, subject to the withdrawal and addition of Parties in accordance with the provision of Section 4.0
and Section 5.0 of this agreement. The agreement shall remain in effect thereafter among and between
any remaining Parties until terminated as provided in Section 4.0.
2
Section 4.0 Termination of Agreement:
Any Party may unilaterally withdraw from this Agreement at any time upon thirty (30) days prior written
notice to all Parties.
Section 5.0 Amendment of Agreement:
This Agreement may be amended from time to time only by a specific writing duly executed by all the
Parties. Any municipality in Berkshire, Franklin, Hampden and Hampshire Counties, provided it has
adopted MGL Ch. 40 Sec. 8G or has been otherwise authorized to enter in this agreement, may become
an additional Party to this agreement by signing a copy of Attachment B and providing written notice to
all other Parties to this agreement, enclosing a copy of the executed Attachment B, within 30 days of
executing such attachment.
All notices shall be provided to the Mayor, Manager, or Board of Selectmen, or authorized signatory as
well as the Chief of Police of each Party.
Nothing contained herein shall preclude the Chiefs of Police of the participating Parties from establishing
mutual aid guidelines and procedures that are consistent with the terms of this Agreement.
Section 6.0 Obligations and Responsibilities:
6.01 Authority of Officers: The police powers, rights, privileges and immunities of any Police
Officer employed by a Party to this Agreement shall extend within the territorial or jurisdictional
limits of each other Party to this Agreement while such Police Officer operates in accordance
with this Agreement, either pursuant to an Official Request or Self-Activation. In addition,
without in any way limiting the foregoing, Police Officers who are on-duty and operating a police
vehicle equipped with emergency warning lights and audible sirens or other similar devices may
enforce the motor vehicle laws of the Commonwealth of Massachusetts while in the jurisdiction
of another participating Party.
Whenever any officer from a Party decides to exercise police powers in the jurisdictional territory
of any other Party, said officer should provide or make arrangements to provide notification, as
soon as practically possible, to the police department in the jurisdiction in which the officer is
exercising police powers.
Operating within the territorial limits of a Receiving Party in accordance with this Agreement
shall not cause a Police Officer to be considered for any purpose to be an employee of the
Receiving Party. All employment rights, compensation, and benefits, including but not limited to
the provisions of MGL Ch. 41, § 111F and/or MGL Ch. 32 § 94, shall remain the responsibility of
the Sending Party. Notwithstanding the foregoing, any Party may be reimbursed in accordance
with this Agreement and shall be entitled to the liability and indemnification protections as
outlined herein.
3
Any citizen or other complaint or investigatory or disciplinary action arising out of the conduct of
any Police Officer acting pursuant to this Agreement shall be treated as if the Officer had been
operating within the territorial limits of the Sending Party at the time of the incident(s) or
conduct at issue, unless otherwise agreed upon by the Sending Party and the Receiving Party.
6.02 Command and Control: When exercising Police Powers pursuant to this Agreement,
Police Officers shall be under the direction and control of the Commanding Officer of the
receiving Party during the duration bf the operation, event or incident in connection with which
the Police Officer is exercising Police Powers.
The Commanding Officer of the Sending Party may recall the Police Officers and equipment of
the Sending Party at the Commanding Officer's sole discretion.
6.03 Official Request: Any Party or its designee may request assistance from any other Party
for any valid law-enforcement purpose, including but not limited to the purposes set forth above
in Section 1.0 (Purpose & Authority) and as detailed below in Section 6.04 (Self-Activiation). Any
Official Request should include all pertinent information such as the nature, location, and
expected duration of the event or situation giving rise to the Official Request; the number of
Police Officers requested, including specialty requirements; the type of equipment and logistical
support needed; the location to which Police Officers should report; and the name of the
supervising officer or Commanding Officer to whom Police Officers should report. This
Agreement is not intended to impose any obligation on any Party to respond to any Official
Request.
6.04 Self-Activation: A Police Officer who observes or becomes aware of any violation of law
within the territorial limits of any Party may exercise Police Powers within the territorial limits of
any Party for the purpose of preventing harm to the public; preventing loss or damage to
property; engaging and stopping unlawful behavior; investigating possible criminal violations;
increasing the capability of all Parties to protect the lives, safety, and property of people in the
area; making an arrest or detaining offenders pending arrival of a Police Officer of the Receiving
Party; enforcing or investigating any traffic-related incident or violation, whether or not it was
originally observed in territorial limits of the Sending Party; and fresh-and-continued pursuit or
exigent circumstances as otherwise authorized by law.
Notwithstanding the forgoing or any other provision of this agreement, a Chief may issue an
order that any one or more officers are not to self-activate or may impose additional restrictions
on their department's officers in such instances.
6.05 Notification to Receiving Party of Exercise of Police Powers: Whenever Police Powers
are exercised by a Police Officer in a Receiving Party's jurisdiction pursuant to this Agreement,
the Commanding Officer of the Receiving Party shall be notified promptly, given the
circumstances, by the Police Officer exercising the Police Powers so that arrangements can be
made for any arrestee to be transported to the appropriate police headquarters or other lock-up
and/or booking facility to undergo the required administrative booking process in the jurisdiction
where the arrest occurred, or so that other appropriate administrative action may be taken. Such
notification is intended to ensure that the Police Officer has properly recorded all of the facts and
circumstances of the arrest or other police action in conformance with the policies, procedures
4
and regulations of the agency where the enforcement occurred, including the appropriate
biographical data of any involved person, and the documentation necessary for the effective
prosecution of any criminal defendant in a court of proper jurisdiction, including, but not limited
to, citations, incident and arrest reports.
6.06 Powers of Police Officers: The powers of all the Police Officers operating under this
Agreement shall remain in full force and effect for the duration of this Agreement unless any of
the following should occur:
❖ Separation of service from or suspension by the employing agency;
❖ The Chief of Police or designee of the Sending Party imposes a restriction on the Police
Officer's authority to exercise Police Powers in accordance with this Agreement.
6.07 Costs and Expenses: Each Party to this Agreement shall assume and be responsible for
paying all of its own personnel costs, including, but not limited to, the salaries, overtime
premiums, and disability benefits payable to its own Police Officers, and all of its own equipment
costs, including, but not limited to, damage to or loss of its own equipment, and use of fuel,
ammunition and other expendable supplies; provided, however, that the Receiving Party, if an
Official Request has been made, shall reimburse the Sending Party for such payments to the
extent there is insurance coverage available to do so and/or any Federal or State grant funds
and/or emergency funds (e.g., in the event of a natural disaster) are available to do so.
If an Official Request has been made for a long-standing incident or pre-planned event, unless
otherwise agreed upon, the Receiving Party agrees to reimburse the Sending Party for any/all
expenses incurred during such incident or event.
Section 7.0 Liability and Indemnification:
Each Party agrees to assume its own defense and to hold each other Party, its agents, servants, and
employees harmless from all suits and claims brought by third parties arising out of any act or omission
committed by that Party or its Police Officers.
Section 8.0 Successors and Assigns:
The provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the successors
and assigns and the public body or bodies succeeding to the respective interests of the Parties.
Section 9.0 Section Headings:
The headings of the Sections set forth herein are for convenience of reference only and are not part of
this Agreement and shall be disregarded in constituting or interpreting any of the provisions of this
Agreement.
Section 10.0 Execution of Counterparts and Notice:
This Agreement may be executed in any number of counterparts. All such counterparts shall be deemed
to be originals and together shall constitute but one and the same instrument. All notices, requests,
5
demands and other communications hereunder shall be in writing and shall be deemed to have been
duly given if delivered or mailed, postage prepaid, certified mail, return receipt requested and/or to
such other person(s) and address(es) as any party shall have specified in writing to the other subsequent
to the execution of this Agreement.
Section 11.0 Stability of Agreement:
This Agreement is to be construed in accordance with the laws of the Commonwealth of Massachusetts.
This Agreement, along with any referred to Attachment(s), embodies the entire agreement between the
Parties hereto, and each Party acknowledges that there are no inducements, promises, terms,
conditions or obligations made or entered into other than those contained herein.
Section 12.0 Invalidity:
If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining terms and
provisions shall not be affected and shall remain in full force and effect.
Section 13.0 Non-Waiver:
The failure of any Party to enforce at any time any of the provisions hereof shall not be construed to be
a waiver of such provisions or of the right of such Party thereafter to enforce any such provisions.
Section 14.0 Signatories and Certification:
IN WITNESS WHEREOF, the Parties have executed this Agreement and caused it to be effective as to
each Party as of the date set forth in the signature block for that Party.
Each Party certifies to the others (a) that it has duly accepted the provisions of Massachusetts General
Laws Chapter 40, Section 8G, (b) that it is duly authorized to execute this Agreement and (c) that its
Police officers have complied with training mandates of Massachusetts General Law_ s Chapter 41,
Section 96B.
Executed as a sealed instrument by the Parties' duly authorized representatives.
For the (YOUR Municipality here):
XXXXX XXXXXXX, Mayor Date XXXXXX XXXXX, Chief of Police Date
6
ATTACHMENT A
WESTERN MASSACHUSETTS
LAW ENFORCEMENT MUTUAL AID AGREEMENT
Effective July 15, 2414, communities participating in the attached `Western Massachusetts Interagency
Mutual Aid Agreement' are as follows:
For the City/Town of XXXXXXX:
XXXX XXXXX, Mayor/Manager/Select Chair Date XXXX XXXXX, Chief of Police Date
RESOLUTION TR-2014-41
A RESOLUTION ACCEPTING MASSACHUSETTS GENERAL LAWS, CHAPTER 40,
SECTION 8G
(Sponsored By: Mayor Richard A. Cohen)
WHEREAS, the Town of Agawam has determined that under certain circumstances the
need may arise for Agawam law enforcement to assist surrounding communities; and
WHEREAS, the Town of Agawam has determined that under certain circumstances the
need may arise whereby it requires the assistance of surrounding communities; and
WHEREAS, such assistance will increase the ability of the Agawam Police Department
to protect the lives, safety and property of the residents Town of Agawam; and
WHEREAS, Massachusetts General Law Chapter 40, Section 8G must be accepted by
the Town of Agawam in order to enter into a Mutual Aid Agreements presented to the Agawam
Chief of Police; and
WHEREAS, it is in the best interests of the Town of Agawam to accept Massachusetts
General Law Chapter 40, Section 8G.
NOW THEREFORE, THE AGAWAM CITY COUNCIL hereby resolves to accept
Massachusetts General Law Chapter 40, Section 8G.
DATED THIS OF , 2014.
PER ORDER OF THE AGAWAM CITY COUNCIL
o
Christopher C. Johnson, President c A r=
o �
APPR VED AST ORM AND LEGALITY -7
Vincent Gios 'a olicitor
AGAWAM POLICEDEPARTMENT
ERIC P. GI:LLIS
Chief of Police
September 18, 2014
Agawam Town Council
36 Main Street
Agawam, MA 01001
Dear Council Member,
You have just reviewed a Resolution prepared by Agawam City Solicitor, Attorney Vincent
Gioscia, to accept Massachusetts General Law Ch.40, §8G, which authorizes cities and towns to
enter into Mutual Aid Agreements with other cities and towns designed to provide mutual aid
-programs for police departments to increase the capability of such departments to protect the
lives, safety and property of the people in the area designated in the agreement. This model has
already been widely adopted and implemented in geographic areas in the eastern end of our state.
These umbrella agreements have also been utilized by the fire services of the Commonwealth
with great success. Currently, we engage in separate agreements with individual communities,
which leaves gaps in coverage, and simultaneously leads to stagnation of such agreements due to
lack of timely review. These individual agreements also create a lack of continuity from
community to community.
The Agawam Police Department currently has the opportunity to enter into the Western
Massachusetts Law Enforcement Mutual Aid Agreement. However, the Town's acceptance of
the above-referenced MGL is required for our department to be a signatory. As of September 8,
2014, the communities of Easthampton, Holyoke, Westfield, Ludlow, Granby, Westhampton,
Palmer, Monson, Pelham, Deerfield, South Hadley, Hatfield, Northampton, Belchertown,
Hadley, Wilbraham, Longmeadow, Goshen, Hampden, Southwick, and Amherst are all
signatories to this agreement. It is anticipated that the communities of West Springfield,
Chicopee, Springfield, East Longmeadow, Huntington. Williamsburg, Ware, Chesterfield, and
the UMASS Police Department will also become signatories.
Your acceptance of M.G.L Ch.40, §8G will pave the way for the Agawam Police Department to
enter into an agreement which will enable us to better meet the needs of our residents in times of
crisis. It will also ensure that our officers are legally protected when the performance of their
duties takes them outside of the jurisdictional and geographic boundaries of our community. Our
681 Springfield St. • Feeding Hills, MA 01030 • Tel:(413) 786.4767 • Fax:(413) 786.4821 • egillis@agawam.ma.us
participation will also put us in on the ground floor for future developments related to the
creation of a regional law enforcement council. Inclusion in a regional law enforcement council
will enable us to meet the recommendations and funding trends of the Commonwealth and
Federal governments as they relate to their collective push for individual communities to
participate in regionalization of services. Like the regional mutual aid agreements for law
enforcement services, these councils have already been created in the eastern end of the
Commonwealth, and have enabled local departments to work with one another to provide
specialized law enforcement services to their communities. These councils ensure the prompt
delivery of specialized law enforcement services, like motor vehicle crash reconstruction and
tactical team response, while simultaneously ensuring that local control is not relinquished to
state and federal agencies that have typically provided such services.
I respectfully request your favorable consideration of this request, so that together we can ensure
that the Agawam Police Department is able to interact and cooperate with other local law
enforcement agencies here in Western Massachusetts. Thank you for your time and consideration
of this request.
Respec�j;subm i tt ,
L
FOP. Gillis
C:hie_J-of Pocice
Cc: Mayor Richard Cohen
Personnel File
WESTERN MASSACHUSETTS
LAW ENFORCEMENT MUTUAL AID
AGREEMENT
This Mutual Aid Agreement is made among and between the Signatory Parties as of the dates indicated
next to their respective signatures on Attachment A, which is attached hereto and made a part hereof,
subject to the withdrawal and addition of Parties in accordance with the provision of Section 4.0 and
Section 5.0 of this agreement.
WHEREAS, Chapter 40, Section 8G, of the Massachusetts General Laws (MGL), duly accepted by each
of the Parties, authorizes cities and towns to enter into agreements with other cities and towns, and
Section 2 of Chapter 348 of the Acts of 2004 authorizes the University of Massachusetts Amherst to
enter into Mutual Aid Agreements authorized by MGL Ch. 40, Sec. 8G to provide mutual aid programs
for police departments to increase the capability of such departments to protect the lives, safety and
property of the people in the area designated in the agreement; and
WHEREAS, each Party desires to enter into an agreement that sets forth mutually agreeable terms and
conditions for the furnishing of law enforcement mutual aid for the exercise of police authority by police
officers of each Party within the territorial limits of each other Party;
NOW THEREFORE, the Parties hereto mutually agree as follows:
Section 1.0 - Purpose & Authority:
The purpose of this Agreement is to establish a strategic working partnership to address public safety
concerns including but not limited to: providing mutual aid for the member police departments because
of terrorist or enemy action; natural disaster; unusual occurrence, including but not limited to fire, flood,
storm, earthquake, landslide, aircraft accident, search or rescue operations; other natural or man-
caused incidents requiring exceptional police action; school or workplace violence; riot; mob action; civil
disturbance; demonstration; urban insurgency; unsafe or impaired driving; police outside details; drug
distribution; tactical operations; K-9; electronic & cybercrime; combating violent street gangs and
associations; the pursuit and/or apprehension of suspected traffic violators; as well as any law
enforcement operations that require more sophisticated investigation on a regionalized basis or any
situation threatening the peace and tranquility in the Parties'jurisdictions.
In order to address these public safety concerns, the Parties hereby agree to have sworn police officers
from each department empowered to operate with full police powers, including the power of arrest, in
each participating Party's jurisdiction. This Agreement is intended to supplement but not contradict the
provisions of MGL Ch. 41 §99, as well as all other statutes and common law that authorize police officers
of one Party to exercise police powers in another Party's jurisdiction. Such extraterritorial exercise of
police powers is authorized under this Agreement in both mutual-aid-request and self-activation
situations, as defined herein. Nothing contained in this agreement shall be construed as limiting the
lawful authority of police officers to make arrests or to exercise their police powers or to engage in fresh
and continued pursuit under MGL Ch. 41, §98A.
Section 2.0 Definitions:
For purposes of this Agreement, the following terms shall be defined as set forth below:
a. Chief of Police: A Party's chief law enforcement officer; includes functional equivalent of
Chief of Police, whether denominated "Director," "Commissioner," "Marshal,"
"Superintendent," or similar title.
b. Commanding Officer: A Party's Chief of Police, designee of the Chief of Police, or Police
Officer in charge of a shift.
c. Official Request: A request for police assistance or for the exercise of Police Powers made by
one Party of one or more other Parties under the terms of this Agreement.
d. Party: City, Town, the University of Massachusetts Amherst, or any other entity or agency
with law enforcement powers that has been authorized to and has executed this Agreement.
A Party may be located within, or be contiguous to, the Commonwealth of Massachusetts.
The Parties are listed in Attachment A, which is incorporated herein by reference, and may be
revised from time to time as Parties join and withdraw from this Agreement.
e. Police Officer: On-duty sworn police officers regularly employed as such by or in any Party;
for purposes of this Agreement, Chiefs of Police and/or their designees shall be the only
Police Officers considered on-duty at all times.
f. Police Powers: All police powers granted to Police Officers regularly employed as such,
including but not limited to the power of arrest.
g. Receiving Party: A Party receiving police assistance or in which one or more Police Officers
regularly employed as such by another Party is exercising Police Powers in accordance with
this Agreement.
h. Self-Activation: The exercise of Police Powers within the territorial limits of any Party by any
Police Officer regularly employed as such by any other Party under the terms of this
Agreement in the absence of an Official Request.
i. Sending Party: A Party that provides police assistance under the terms of this Agreement or
that regularly employs one or more Police Officers who exercise Police Powers within the
territorial limits of any other Party under the terms of this Agreement.
Section 3.0 Term of Agreement:
This Agreement shall be effective immediately among and between the signatory Parties as of the dates
indicated next to their respective signatures on Attachment A, which is attached hereto and made a part
hereof, subject to the withdrawal and addition of Parties in accordance with the provision of Section 4.0
and Section 5.0 of this agreement. The agreement shall remain in effect thereafter among and between
any remaining Parties until terminated as provided in Section 4.0.
2
Section 4.0 Termination of Agreement:
Any Party may unilaterally withdraw from this Agreement at any time upon thirty (30) days prior written
notice to all Parties.
Section 5.0 Amendment of Agreement:
This Agreement may be amended from time to time only by a specific writing duly executed by all the
Parties. Any municipality in Berkshire, Franklin, Hampden and Hampshire Counties, provided it has
adopted MGL Ch. 40 Sec. 8G or has been otherwise authorized to enter in this agreement, may become
an additional Party to this agreement by signing a copy of Attachment B and providing written notice to
all other Parties to this agreement, enclosing a copy of the executed Attachment B, within 30 days of
executing such attachment.
All notices shall be provided to the Mayor, Manager, or Board of Selectmen, or authorized signatory as
well as the Chief of Police of each Party.
Nothing contained herein shall preclude the Chiefs of Police of the participating Parties from establishing
mutual aid guidelines and procedures that are consistent with the terms of this Agreement.
Section 6.0 Obligations and Responsibilities:
6.01 Authority of Officers: The police powers, rights, privileges and immunities of any Police
Officer employed by a Party to this Agreement shall extend within the territorial or jurisdictional
limits of each other Party to this Agreement while such Police Officer operates in accordance
with this Agreement, either pursuant to an Official Request or Self-Activation. In addition,
without in any way limiting the foregoing, Police Officers who are on-duty and operating a police
vehicle equipped with emergency warning lights and audible sirens or other similar devices may
enforce the motor vehicle laws of the Commonwealth of Massachusetts while in the jurisdiction
of another participating Party.
Whenever any officer from a Party decides to exercise police powers in the jurisdictional territory
of any other Party, said officer should provide or make arrangements to provide notification, as
soon as practically possible, to the police department in the jurisdiction in which the officer is
exercising police powers.
Operating within the territorial limits of a Receiving Party in accordance with this Agreement
shall not cause a Police Officer to be considered for any purpose to be an employee of the
Receiving Party. All employment rights, compensation, and benefits, including but not limited to
the provisions of MGL Ch. 41, § 111F and/or MGL Ch. 32 § 94, shall remain the responsibility of
the Sending Party. Notwithstanding the foregoing, any Party may be reimbursed in accordance
with this Agreement and shall be entitled to the liability and indemnification protections as
outlined herein.
3
Any citizen or other complaint or investigatory or disciplinary action arising out of the conduct of
any Police Officer acting pursuant to this Agreement shall be treated as if the Officer had been
operating within the territorial limits of the Sending Party at the time of the incident(s) or
conduct at issue, unless otherwise agreed upon by the Sending Party and the Receiving Party.
6.02 Command and Control: When exercising Police Powers pursuant to this Agreement,
Police Officers shall be under the direction and control of the Commanding Officer of the
receiving Party during the duration 'of the operation, event or incident in connection with which
the Police Officer is exercising Police Powers.
The Commanding Officer of the Sending Party may recall the Police Officers and equipment of
the Sending Party at the Commanding Officer's sole discretion.
6.03 Official Request: Any Party or its designee may request assistance from any other Party
for any valid law-enforcement purpose, including but not limited to the purposes set forth above
in Section 1.0 (Purpose & Authority) and as detailed below in Section 6.04 (Self-Activiation). Any
Official Request should include all pertinent information such as the nature, location, and
expected duration of the event or situation giving rise to the Official Request; the number of
Police Officers requested, including specialty requirements; the type of equipment and logistical
support needed; the location to which Police Officers should report; and the name of the
supervising officer or Commanding Officer to whom Police Officers should report. This
Agreement is not intended to impose any obligation on any Party to respond to any Official
Request.
6.04 Self-Activation: A Police Officer who observes or becomes aware of any violation of law
within the territorial limits of any Party may exercise Police Powers within the territorial limits of
any Party for the purpose of preventing harm to the public; preventing loss or damage to
property; engaging and stopping unlawful behavior; investigating possible criminal violations;
increasing the capability of all Parties to protect the lives, safety, and property of people in the
area; making an arrest or detaining offenders pending arrival of a Police Officer of the Receiving
Party; enforcing or investigating any traffic-related incident or violation, whether or not it was
originally observed in territorial limits of the Sending Party; and fresh-and-continued pursuit or
exigent circumstances as otherwise authorized by law.
Notwithstanding the forgoing or any other provision of this agreement, a Chief may issue an
order that any one or more officers are not to self-activate or may impose additional restrictions
on their department's officers in such instances.
6.05 Notification to Receiving Party of Exercise of Police Powers: Whenever Police Powers
are exercised by a Police Officer in a Receiving Party's jurisdiction pursuant to this Agreement,
the Commanding Officer of the Receiving Party shall be notified promptly, given the
circumstances, by the Police Officer exercising the Police Powers so that arrangements can be
made for any arrestee to be transported to the appropriate police headquarters or other lock-up
and/or booking facility to undergo the required administrative booking process in the jurisdiction
where the arrest occurred, or so that other appropriate administrative action may be taken. Such
notification is intended to ensure that the Police Officer has properly recorded all of the facts and
circumstances of the arrest or other police action in conformance with the policies, procedures
4
and regulations of the agency where the enforcement occurred, including the appropriate
biographical data of any involved person, and the documentation necessary for the effective
prosecution of any criminal defendant in a court of proper jurisdiction, including, but not limited
to, citations, incident and arrest reports.
6.06 Powers of Police Officers: The powers of all the Police Officers operating under this
Agreement shall remain in full force and effect for the duration of this Agreement unless any of
the following should occur:
❖ Separation of service from or suspension by the employing agency;
❖ The Chief of Police or designee of the Sending Party imposes a restriction on the Police
Officer's authority to exercise Police Powers in accordance with this Agreement.
6.07 Costs and Expenses: Each Party to this Agreement shall assume and be responsible for
paying all of its own personnel costs, including, but not limited to, the salaries, overtime
premiums, and disability benefits payable to its own Police Officers, and all of its own equipment
costs, including, but not limited to, damage to or loss of its own equipment, and use of fuel,
ammunition and other expendable supplies; provided, however, that the Receiving Party, if an
Official Request has been made, shall reimburse the Sending Party for such payments to the
extent there is insurance coverage available to do so and/or any Federal or State grant funds
and/or emergency funds (e.g., in the event of a natural disaster) are available to do so.
If an Official Request has been made for a long-standing incident or pre-planned event, unless
otherwise agreed upon, the Receiving Party agrees to reimburse the Sending Party for any/all
expenses incurred during such incident or event.
Section 7.0 Liability and Indemnification:
Each Party agrees to assume its own defense and to hold each other Party, its agents, servants, and
employees harmless from all suits and claims brought by third parties arising out of any act or omission
committed by that Party or its Police Officers.
Section 8.0 Successors and Assigns:
The provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the successors
and assigns and the public body or bodies succeeding to the respective interests of the Parties.
Section 9.0 Section Headings:
The headings of the Sections set forth herein are for convenience of reference only and are not part of
this Agreement and shall be disregarded in constituting or interpreting any of the provisions of this
Agreement.
Section 10.0 Execution of Counterparts and Notice:
This Agreement may be executed in any number of counterparts. All such counterparts shall be deemed
to be originals and together shall constitute but one and the same instrument. All notices, requests,
5
demands and other communications hereunder shall be in writing and shall be deemed to have been
duly given if delivered or mailed, postage prepaid, certified mail, return receipt requested and/or to
such other person(s) and address(es) as any party shall have specified in writing to the other subsequent
to the execution of this Agreement.
Section 11.0 Stability of Agreement:
This Agreement is to be construed in accordance with the laws of the Commonwealth of Massachusetts.
This Agreement, along with any referred to Attachment(s), embodies the entire agreement between the
Parties hereto, and each Party acknowledges that there are no inducements, promises, terms,
conditions or obligations made or entered into other than those contained herein.
Section 12.0 Invalidity:
If any provision of this Agreement is held to be illegal, invalid or unenforceable, the remaining terms and
• provisions shall not be affected and shall remain in full force and effect.
Section 13.0 Non-Waiver:
The failure of any Party to enforce at any time any of the provisions hereof shall not be construed to be
a waiver of such provisions or of the right of such Party thereafter to enforce any such provisions.
Section 14.0 Signatories and Certification:
IN WITNESS WHEREOF, the Parties have executed this Agreement and caused it to be effective as to
each Party as of the date set forth in the signature block for that Party.
Each Party certifies to the others (a) that it has duly accepted the provisions of Massachusetts General
Laws Chapter 40, Section 8G, (b) that it is duly authorized to execute this Agreement and (c) that its
Police officers have complied with training mandates of Massachusetts General Laws Chapter 41,
Section 96B.
Executed as a sealed instrument by the Parties' duly authorized representatives.
For the [YOUR Municipality here]:
XXXXX XXXXXXX, Mayor Date XXXXXX XXXXX, Chief of Police Date
6
ATTACHMENT A
WESTERN MASSACHUSETTS
LAW ENFORCEMENT MUTUAL AID AGREEMENT
Effective July 15, 2014, communities participating in the attached `Western Massachusetts Interagency
Mutual Aid Agreement' are as follows:
Forth e City/Town of XXXXXXX:
XXXX XXXXX, Mayor/Manager/Select Chair Date XXXX XXXXX, Chief of Police Date