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!

1. NC Local Government
Emergency 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 or
peacetime emergencies.”
G.S. 166A-19.10(a)
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8. The “Never Ending Cycle”
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9. Role of Local Governments
All 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 Governments
County Municipality
has primary operates EM
responsibility programs subject
within the county to coordination
to coordinate with county, but
with state and has independent
federal agencies. legal authorities.
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12. Local Government Authorities
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13. Local Government Authorities
Only Cities and Counties:
Establish emergency management department
and appoint director
Expend local funds
Develop and coordinate emergency management
plans
© 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
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18. Local State of Emergency
© 2005 to Present

19. Local State of Emergency
How 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 Emergency
Where 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 Emergency
When 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 Emergency
What 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 Emergency
Restrictions 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 Emergency
Restrictions 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 Emergency
Restrictions 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 Emergency
Restrictions and Prohibitions allowed:
Possession, transportation, sale,
purchasing and consumption of alcohol
Violations punishable as Class 2 misdemeanor
© 2005 to Present

27. Local State of Emergency
Restrictions 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 Emergency
Restrictions 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 gasoline
EXCEPT 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 Ordinance
Local State of Emergency Declaration
Specific 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
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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