LEGAL ISSUES IN EMERGENCY MANAGEMENT ‐ORDERING AND MANAGING RESOURCES
TIMOTHY R GABLEHOUSE GABLEHOUSE CALKINS & GRANBERG LLC 303.572.0050 800.818.0050
KEY CONCEPTS AGENCIES LIKE FEMA AND HOMELAND SECURITY CREATE THE NATIONAL RESPONSE FRAMEWORK AND ESTABLISH PRINCIPLES SUCH AS THE NATIONAL INCIDENT MANAGEMENT SYSTEM THESE AGENCIES ALSO CREATE NATIONAL PROGRAMS DEALING WITH MITIGATION ETC STANDARD SETTING GROUPS LIKE NFPA AND ASTM SET CRITERIA FOR TRAINING, INCIDENT COMMAND AND CONTINUITY OF OPERATIONS LOCAL PROGRAMS ARE EXPECTED TO FIT
WHAT IS MUTUAL AID? FITS WITHIN NATIONAL AND STATE PLANS THAT DEFINE GLOBAL ROLES & FUNCTIONS EXPECTED TO ADDRESS CAPABILITY GAPS NEEDS TO BE COMMUNITY-SPECIFIC AND COMMUNITY-INVOLVED NEEDS TO BE EXERCISED AND FOLLOWED
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WHAT IS A MUTUAL AID AGREEMENT? IT IS A CONTRACT
… STATUTES ADD DETAILS FOR DECLARED DISASTER & HAZMAT
IT WILL DEFINE WHO IS RESPONSIBLE FOR THE ASSETS – PEOPLE - PAYMENT INCIDENT COMMAND ETC … SHOULD COVER INSURANCE AND WORKER’S COMPENSATION INSURANCE … SHOULD COVER WHO IS PAYING AND THE PAYMENT PROCESS … SHOULD COVER LIABILITY FOR LOSS OF AN ASSET – ESPECIALLY IF PRIVATELY OWNED
INTEGRATED PLANNING SYSTEM “Each jurisdiction … should develop plans that define the scope of necessary activities for preparedness, emergency management, and incident response for that jurisdiction.” “… jurisdictions should also develop scenario-specific plans or annexes derived from their threat assessment.” “These plans should describe organizational structures, roles and responsibilities, policies, and protocols … should be flexible … should be comprehensive enough to meet the wide variety of public needs that may arise.” “IDENTIFY AND FILL CAPABILITY GAPS”
FEMA GUIDANCE – CPG 101 “When threatened by … emergencies or disasters, people expect elected or appointed leaders to take immediate action... They expect the government to marshal its resources… and solicit assistance from outside the jurisdiction if necessary. The elected leaders in each jurisdiction are legally responsible for ensuring that … actions are taken to protect people and property...” Realistically must use mutual aid agreements
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PROCESS & OBJECTIVES Address each of the four mission areas identified in the National Strategy for Homeland Security: to prevent, protect against, respond to, and recover
NOT JUST RESPONSE
State, Territorial, Tribal, and Local entities need to be prepared to work with Federal and private sector partners … Planners must use all information and intelligence sources available to them when producing operations plans.
INCLUDING PRIVATE SECTOR AND THE PUBLIC
“Pre-established partnerships and relationships are important for leveraging expertise and resources during a disaster. “
ARE THESE AGREEMENTS REQUIRED ? … 24-32-2107 , CRS EACH POLITICAL SUBDIVISION HAS TO HAVE A DISASTER PLANNING AGENCY
… 24-32-2113, CRS EITHER PARTICIPATE IN INTERJURISDICTIONAL ARRANGEMENTS OR MUTUAL AID
… 29-1-203, CRS “GOVERNMENTS” MAY COOPERATE TO PROVIDE ANY FUNCTION OR SERVICE
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“GOVERNMENTS” INCLUDE NEIGHBORING STATES AND TRIBES 29-1-202
OUT OF STATE ENTITIES GOVERNOR CAN DIRECT 24-32-2108, CRS “GOVERNMENTS” INCLUDE NEIGHBORING STATES AND TRIBES 29-1-202, CRS SO, UNDER 29-1-203, CRS YOU MAY ESTABLISH THESE AGREEMENTS
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MORE SPECIFIC AUTHORITY 24-32-2222, CRS … SHERIFF, LOCAL GOVERNMENT, LEPC & STATE AGENCIES MAY MOU WITH ANY VOLUNTEER ORGANIZATION FOR SERVICES IN A DISASTER … MAY INCLUDE:
CALL-OUT PROCEDURES
ACCEPT OR REFUSAL PROCEDURES
RESPONSIBILITY FOR COSTS
TRAINING, CERTIFICATION, INCIDENT COMMAND
DURATION, AMENDMENTS, ETC.
LIABILITY PROTECTION §24-32-2605, CRS WILL COVER PRIVATE SECTOR PROVIDES VERY BROAD PROTECTION FOR PEOPLE THAT CAN SHOW THEY ARE WORKING IN COOPERATION WITH OFFICIALS SPECIFIC MUTUAL AID AGREEMENTS INCLUDING WITH PRIVATE ENTITIES ARE AUTHORIZED AND RECOMMENDED §29-22103, C.R.S.
Timothy R Gablehouse Gablehouse Calkins & Granberg LLC 410 17th St, Ste 1375 Denver CO 80202 303.572.0050 800.818.0050
[email protected]
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