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are voluntary, they are often adopted by <br />local jurisdictions. <br />Response: Levels of service delivery for <br />fire and emergency medical services <br />(EMS) have always been determined by <br />local jurisdictions. If mandated, the <br />NFPA standards would force local <br />governments to shift dollars from fire <br />prevention programs to fire suppression <br />activities, potentially increasing the risk <br />of fire and the danger to local firefighters. <br />The League of Minnesota Cities opposes <br />any attempt to mandate standards for <br />minimum staffing levels of fire, <br />specialized or EMS vehicles controlled by <br />units of local government. The League <br />also opposes any attempt to adopt a <br />standard dictating or affecting the <br />response time of any fire, specialized or <br />EMS vehicle. <br />SD -10. Fire Mutual Aid <br />Issue: City and township fire departments <br />regularly assist each other with firefighting <br />and other response activities. This mutual <br />aid is mostly authorized by individual <br />written contracts with each city or township, <br />which results in a patchwork of different <br />agreements with different provisions. Often, <br />each city attorney recommends different <br />provisions. <br />Following the Red River floods and the St. <br />Peter tornados, emergency responders <br />(including fire departments) met and helped <br />pass a statute to govern mutual aid situations <br />when there is an emergency declared by <br />mayor or governor and no written <br />agreements exist. The statute, Minn. Stat. § <br />12.331, provides a framework for how <br />worker's compensation, liability, property <br />claims, insurance, and charges between the <br />departments will be handled in mutual aid <br />situations. <br />The League of Minnesota Cities Insurance <br />Trust (LMCIT) developed a model mutual <br />aid agreement that contains the same basic <br />structure for liability as the statute. Many <br />cities have entered into area -wide mutual aid <br />agreements that are similar to the LMCIT <br />model agreement. To provide uniformity, <br />there should be a statute that is similar to <br />Minn. Stat. § 12.331, to govern daily fire <br />mutual aid situations that do not rise to the <br />level of emergencies. <br />Response: The Legislature should pass a <br />statute to provide uniform provisions <br />when fire departments assist each other. <br />These provisions should include statutory <br />definitions and clarifications for: <br />a) Who is in command of the mutual aid <br />scene. <br />b) Who will cover the firefighters for <br />worker's compensation. <br />c) How liability and property claims will <br />be handled. <br />d) Who will pay for expendable supplies <br />such as foam. <br />e) When fire departments will charge <br />each other for these services. <br />f) The ability for fire departments to opt <br />out by having a separate written <br />agreement. <br />SD -11. Clarification of Joint Powers <br />Relationships with Federally <br />Recognized Indian Tribes <br />Issue: During the 2010 legislative session, <br />Minn. Stat. § 471.59 was modified to allow <br />federally recognized Indian tribes to <br />participate in joint powers agreements with <br />other governmental entities, including <br />Minnesota cities. Indian tribes are <br />extremely unique legal entities under federal <br />law and international treaties. The new law <br />was a broad brush authorization that did not <br />address important issues that uniquely arise <br />League of Minnesota Cities <br />2016 City Policies Page 6 <br />