In enforcing the laws of the PA Commonwealth, police officers, like doctors and nurses, will frequently interact with members of the public and place themselves at a high risk of infection. Given the contagious nature of COVID-19, the risk that one officer will spread the infection to one or multiple officers in his or her department is significant. A municipality that has a police department with several infected officers may find itself “under-protected.”

The Pennsylvania Emergency Management Services Code recognizes this potential by providing for a standing mutual aid agreement between municipal police departments in circumstances where an executive order or proclamation of disaster has been declared. Thus, should a local police department find itself in need of aid from another local police department, the department may request assistance from another police department. While a police officer responding to a request from another municipality will be required to comply with administrative and policy procedures of his or her “home” municipality, he or she will be directly under the control of the appropriate official of the municipality requesting aid.

In furtherance of this spirit of cooperation, municipal and regional police departments across Chester County have entered into localized mutual aid agreements as permitted by Pennsylvania’s Intergovernmental Cooperation Act and various municipal codes. These localized mutual aid agreements, which typically involve three or four neighboring municipalities, set forth specific terms for how these agreements will be administered and implemented. Typically, these agreements govern how compensation and insurance benefits will apply to an officer who has been called to assist another participating municipality, among other things. Having written terms in place ahead of time will help the respective departments avoid potential disputes and litigation, and provide an operational framework for law enforcement during these very unconventional times.

As we continue to cope with this unique set of circumstances, it is helpful to remember that we have existing policies and procedures in place to protect Pennsylvania’s residents and its law enforcement officers as we attempt to suppress this disease. The commitment Chester County law enforcement agencies have displayed as they assist each other and cooperate for the greater good should make us have confidence in those who are tasked to protect us. It should also serve as a reminder of the need for cooperation, empathy, and mutual support between neighbors as we go forward.

If you have questions about municipal, law enforcement or other COVID-19 related legal issues, Lamb McErlane PC can help. Contact us at 610-430-8000.

Article by Lamb McErlane partner Max O’Keefe. Max is a partner at Lamb McErlane, he handles a wide variety of municipal, land use, property tax, administrative and environmental law matters. Max advises townships, boroughs, school districts and municipal authorities, as well as corporations and individuals. mokeefe@lambmcerlane.com.