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Planned Disasters: Are You Ready to Recover?
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Planned Disasters: Are You Ready to Recover?

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During a state of emergency, does a county curfew apply within a city’s limits? Can a county enforce a mandatory evacuation? Is alcohol automatically banned during a state of emergency? Just what …

During a state of emergency, does a county curfew apply within a city’s limits? Can a county enforce a mandatory evacuation? Is alcohol automatically banned during a state of emergency? Just what emergency authorities do counties have? A workshop at the 2012 NCACC Annual Conference explored local government emergency management authorities and responsibilities and offers practical suggestions on preparing for the next disaster. It could happen at any time!

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  • 1. NC Local GovernmentEmergency Management Laws and Authorities NCACC Annual Conference August 17, 2012 Norma Houston UNC School of Government © 2005 to Present
  • 2. Welcome to the World of Emergency Management Natural and Man-Made Disasters Post-9/11 Implications Post-Katrina Implications NC has EM experience Planning, responding, recovering, and mitigation involves intra- and inter-governmental coordination © 2005 to Present
  • 3. Today We’ll Cover Legal Framework – Role of Local Governments Local Government Authorities Local Ordinances Local State of Emergency Paying for Disasters Planning © 2005 to Present
  • 4. What Do You Think? Does a curfew imposed by a county apply to a municipality within that county? Can law enforcement arrest someone for violating a state of emergency restriction? Can a local government enforce a mandatory evacuation? Is alcohol automatically banned under a State of Emergency declaration? Can guns be banned? © 2005 to Present
  • 5. EM Legal Framework © 2005 to Present
  • 6. What is an “Emergency”?NC law follows the “all-hazards” approach: “Emergency” = “any occurrence or imminent threat of widespread severe damage, injury, or loss of life or property resulting from any natural or man-made accidental, military, or paramilitary, weather-related, or riot-related cause.” G.S. 166A-19.3(6) © 2005 to Present
  • 7. What is Emergency Management?Emergency Management includes “the never-ending preparedness cycle of planning,prevention, mitigation, warning, movement,shelter, emergency assistance, and recovery.” G.S. 166A-19.3(8)State Emergency Management Program includes“all aspects of preparations for, response to,recovery from, and mitigation against war orpeacetime emergencies.” G.S. 166A-19.10(a) © 2005 to Present
  • 8. The “Never Ending Cycle” © 2005 to Present
  • 9. Role of Local GovernmentsAll emergencies (disasters) begin and end at the local level. “Local government has the primary role of planning and managing all aspects of the community’s recovery. Individuals, families and businesses look to local governments to articulate their recovery needs.” -National Disaster Recovery Framework (Sept. 2011, p. 22) © 2005 to Present
  • 10. Citizens Look to Local Governments 75%Source: Donahue, A., Household Survey Findings, Disaster Risk Perception, Preferences,and Preparedness Project, UCONN Department of Public Policy (August 2010) © 2005 to Present
  • 11. Role of Local GovernmentsCounty Municipalityhas primary operates EMresponsibility programs subjectwithin the county to coordinationto coordinate with county, butwith state and has independentfederal agencies. legal authorities. © 2005 to Present
  • 12. Local Government Authorities © 2005 to Present
  • 13. Local Government AuthoritiesOnly Cities and Counties:Establish emergency management departmentand appoint directorExpend local fundsDevelop and coordinate emergency managementplans © 2005 to Present
  • 14. Local Government Authorities Coordinate voluntary registry of functionally & medically fragile persons (information in registry remains confidential) Enter into mutual aid and interlocal agreements Adopt local ordinances to impose restrictions and take necessary actions Issue State of Emergency Declarations © 2005 to Present
  • 15. Local Emergency Ordinances © 2005 to Present
  • 16. Local Emergency Ordinances Local governments authorized to adopt local emergency ordinances Local ordinances are the primary source of local government legal authorities within their jurisdictions, especially under a State of Emergency Declaration Restrictions and prohibitions are triggered by State of Emergency Declaration © 2005 to Present
  • 17. Local Emergency Ordinances To maximize legal authority, local ordinances should: Specify local powers &  Cite legal authority for restrictions when local state of emergency emergency is declared declarations (Chapter Clarify who local 166A) decision-making body is  Update to conform to 2012 Delegate declaration legislative changes (H843) authority if necessary  Provide penalties for Activate local EOP violations - clear citation Affirm compliance with for law enforcement NIMS and use of ICS © 2005 to Present
  • 18. Local State of Emergency © 2005 to Present
  • 19. Local State of EmergencyHow is it issued? Declared by city or county when it finds that an emergency exists Can be issued by County Board Chair, Mayor, Chief Executive Official of City or County, or other designated in local ordinance Does not require governing board ratification © 2005 to Present
  • 20. Local State of EmergencyWhere does it apply? Applies only within the jurisdiction issuing it (county declaration cannot apply within municipality without consent) Can apply in part(s) or all of the jurisdiction (default – entire jurisdiction) One jurisdiction’s declaration can be extended by Mayor/BOC Chair into their own jurisdiction © 2005 to Present
  • 21. Local State of EmergencyWhen is it effective? Immediately (when issued) unless a later date is set in the declaration Until terminated by the entity or official who issued it © 2005 to Present
  • 22. Local State of EmergencyWhat does it do? Triggers local emergency ordinances, plans, and operations Imposes only the prohibitions and restrictions deemed necessary in response to the circumstances of the emergency May be necessary for federal aid © 2005 to Present
  • 23. Local State of EmergencyRestrictions and Prohibitions allowed: Possession, actions businessesto maintain storage Movements of transportation, places Other transportation,in publicsale, Operation people sale, purchase, Possession, necessary and places, andpeopleandandto andingress andalcohol purchasing protect lives and property evacuations, limitedweapons of gather order travel consumption andegress use of dangerous from and gasoline** Violations punishable as Class 2 misdemeanor © 2005 to Present
  • 24. Local State of EmergencyRestrictions and Prohibitions allowed: Movements of people in public places, evacuations, limited ingress and egress Violations punishable as Class 2 misdemeanor © 2005 to Present
  • 25. Local State of EmergencyRestrictions and Prohibitions allowed: Operation of businesses and places people travel to and from and gather Violations punishable as Class 2 misdemeanor © 2005 to Present
  • 26. Local State of EmergencyRestrictions and Prohibitions allowed: Possession, transportation, sale, purchasing and consumption of alcohol Violations punishable as Class 2 misdemeanor © 2005 to Present
  • 27. Local State of EmergencyRestrictions and Prohibitions allowed: Possession, transportation, sale, purchase, storage and use of dangerous weapons and gasoline** Violations punishable as Class 2 misdemeanor © 2005 to Present
  • 28. Local State of EmergencyRestrictions and Prohibitions allowed: Other actions necessary to maintain order and protect lives and property Violations punishable as Class 2 misdemeanor © 2005 to Present
  • 29. New Limitation on Gun Restrictions Possession, transportation, sale, purchase, storage and use of dangerous weapons and gasolineEXCEPT LAWFULLY POSSESSED FIREARMS (handguns, rifles, and shotguns) AND AMMUNITION Violations punishable as Class 2 misdemeanor © 2005 to Present
  • 30. Legal Chain of Authority State Statutes Local Emergency OrdinanceLocal State of Emergency DeclarationSpecific Restrictions and Prohibitions © 2005 to Present
  • 31. $$ Paying for Disasters $$ © 2005 to Present
  • 32. Sources of Funding Local Funding State Funding – available in some state and federally declared disasters Federal Funding (FEMA) – available in federally declared disasters Two main types of funding assistance: – Individual Assistance (paid to individuals) – Public Assistance (paid to public entities) © 2005 to Present
  • 33. Common Federal Reimbursement Problems (44 CRR Parts 13, 206) Personnel – overtime compensation Contracting – G.S. 143-29(e)(2) may not control Debris removal  Non-system roads  Lack of competitive bidding Private property exclusion “Lack of legal responsibility” exclusion © 2005 to Present
  • 34. Liability Protection© 2005 to Present
  • 35. NCEM Liability Immunity N.C.G.S. 166A-19.60 Broad protection for emergency management functions Broad protection for emergency management workers Also protects volunteers if working under direction or control of government officials Does not protect against gross negligence, willful, wonton or intentional acts © 2005 to Present
  • 36. Importance of Planning © 2005 to Present
  • 37. Emergency Management Planning Planning is a critical component of emergency management Involves many local departments & personnel Local plans must be consistent with state and federal laws and regulations, and NCDEM standards Federal and state grant funding tied to local planning and professional competencies © 2005 to Present
  • 38. Legal Preplanning Checklist Preposition contracts (such as debris removal) Execute mutual aid & interlocal agreements Compile & back-up relevant documents Develop templates for declarations, contracts, etc. Check local ordinances for needed updates Be familiar with local, state, and federal laws Involve your local attorney © 2005 to Present
  • 39. What Do You Think? Does a curfew imposed by a county apply to a municipality within that county? Can law enforcement arrest someone for violating a state of emergency restriction? Can a local government enforce a mandatory evacuation? Is alcohol automatically banned under a State of Emergency declaration? Can guns be banned? © 2005 to Present
  • 40. Resources: SOG EM Website www.sog.unc.edu/ncem-Declarations-Ordinances-Debris Contracts-And more! © 2005 to Present
  • 41. www.sog.unc.edu/ncem © 2005 to Present
  • 42. © 2005 to Present
  • 43. © 2005 to Present
  • 44. Good Luck! Norma Houston UNC School of Government (919) 843-8930 nhouston@sog.unc.edu© 2005 to Present