Legal Considerations for Emergency Shelter Operations Cathie F. Hutchins Senior Assistant Attorney General Office of the Attorney General of Virginia

Presentation Overview Virginia Emergency Laws Virginia Emergency Laws Shelter Considerations Shelter Considerations Role of Local Government Attorneys Role of Local Government Attorneys

Virginia Emergency Services and Disaster Law Va. Code Ann. §§ et seq. § Findings of General Assembly § Findings of General Assembly Recognized possibility for disasters in Virginia Recognized possibility for disasters in Virginia Created VDEM and Local EM organizations Created VDEM and Local EM organizations Emergency powers of locality CAOs Emergency powers of locality CAOs Mutual Aid in VA as well as other states Mutual Aid in VA as well as other states

Virginia Emergency Services and Disaster Law Va. Code Ann. §§ et seq. § con’t § con’t Coordinate state EM functions with federal Coordinate state EM functions with federal Authorizes Governor to use national resources Authorizes Governor to use national resources

Virginia Emergency Services and Disaster Law Va. Code Ann. §§ et seq. § § Neither Governor nor political subdivision can limit right to keep and bear arms except for public safety reasons in a shelter Neither Governor nor political subdivision can limit right to keep and bear arms except for public safety reasons in a shelter

Virginia Emergency Services and Disaster Law Va. Code Ann. §§ et seq. § Powers and Duties of Governor § Powers and Duties of Governor Director of VDEM Director of VDEM Authorized to publish rules, regulations, orders Authorized to publish rules, regulations, orders Adopts COVEOP Adopts COVEOP Declares State of Emergency Declares State of Emergency Requests major disaster declaration from President Requests major disaster declaration from President

Virginia Emergency Services and Disaster Law Va. Code Ann. §§ et seq. § Duties of VDEM § Duties of VDEM Assistance, Coordination, and Guidance to Local Governments with emergency planning Assistance, Coordination, and Guidance to Local Governments with emergency planning

Virginia Emergency Services and Disaster Law Va. Code Ann. §§ et seq. § Powers and Duties of Political Subdivisions § Powers and Duties of Political Subdivisions First response is local. Locals responsible for preparedness, response, recovery and mitigation plans. First response is local. Locals responsible for preparedness, response, recovery and mitigation plans. Designate a director of emergency management Designate a director of emergency management

Virginia Emergency Services and Disaster Law Va. Code Ann. §§ et seq. § con’t § con’t Authorized to control resources within local boundaries following Governor-declared emergency Authorized to control resources within local boundaries following Governor-declared emergency Develop mutual aid agreements Develop mutual aid agreements Review plans for certain care facilities Review plans for certain care facilities

Virginia Emergency Services and Disaster Law Va. Code Ann. §§ et seq. § Joint Action by Localities § Joint Action by Localities Authorizes Statewide Mutual Aid Authorizes Statewide Mutual Aid § Joint aid agreements by localities. § Joint aid agreements by localities.

Virginia Emergency Services and Disaster Law Va. Code Ann. §§ et seq. § Declaration of Local Emergency § Declaration of Local Emergency Authorizes local emergency manager to declare emergency with consent of governing body Authorizes local emergency manager to declare emergency with consent of governing body

Virginia Emergency Services and Disaster Law Va. Code Ann. §§ et seq. § Immunity from Liability § Immunity from Liability Liability protections for political subdivisions and employees when engaged in emergency services activities Liability protections for political subdivisions and employees when engaged in emergency services activities Simple negligence, NOT willful misconduct Simple negligence, NOT willful misconduct Includes MRCs and CERTs Includes MRCs and CERTs

Virginia Emergency Services and Disaster Law Va. Code Ann. §§ et seq. § Supplementing Federal Funds § Supplementing Federal Funds State and local funds may be used to supplement federal disaster aid State and local funds may be used to supplement federal disaster aid

Virginia Emergency Services and Disaster Law Va. Code Ann. §§ et seq. § Supplementing Federal Funds § Supplementing Federal Funds Governor authorized to make payments to political subdivisions to fund disaster services Governor authorized to make payments to political subdivisions to fund disaster services

Virginia Emergency Services and Disaster Law Va. Code Ann. §§ et seq. § :1. Emergency Management Assistance Compact § :1. Emergency Management Assistance Compact Sharing of state resources during emergencies Sharing of state resources during emergencies Intergovernmental Agreement Intergovernmental Agreement NCR Mutual Aid Agreement differs NCR Mutual Aid Agreement differs

Shelter Considerations Shelters Shelters Already have shelter experience Already have shelter experience Draw on this experience when sheltering evacuees Draw on this experience when sheltering evacuees Department of Social Services Department of Social Services

Shelter Considerations Shelters con’t Shelters con’t Areas of Concern Areas of Concern Staffing Staffing Resources & Equipment Resources & Equipment Security Security Firearms Firearms RSO/TRO RSO/TRO Medications Medications

Shelter Considerations ADA/Functional Needs Accommodations ADA/Functional Needs Accommodations Integration Integration Service/Companion Animals Service/Companion Animals Liability Liability

Legal Issue Spotting Litigation Happens BCID v. Bloomberg BCID v. Bloomberg CFILC v. City of Oakland CFILC v. City of Oakland CALIF v City and County of Los Angeles CALIF v City and County of Los Angeles

Legal Issue Spotting Virginia Planning for Individuals with Disabilities Virginia Planning for Individuals with Disabilities Stakeholder input in emergency plans Stakeholder input in emergency plans Dept. for the Blind and Vision Impaired Dept. for the Blind and Vision Impaired Dept. of Social Services Dept. of Social Services Dept. for the Deaf and Hard of Hearing Dept. for the Deaf and Hard of Hearing Dept. for Aging and Rehabilitative Services Dept. for Aging and Rehabilitative Services Local Centers for Independent Living Local Centers for Independent Living Local Planning Assistance (VDEM) Local Planning Assistance (VDEM)

Legal Issue Spotting Refuge of Last Resort Refuge of Last Resort

Role of Local Attorney Important resource before, during, after event Important resource before, during, after event Include in local exercises Include in local exercises Include in emergency management plan reviews Include in emergency management plan reviews During emergency, local attorney should be contacted first. Contact VDEM EOC if local attorney requests assistance. During emergency, local attorney should be contacted first. Contact VDEM EOC if local attorney requests assistance.

Contact: Contact: Cathie F. Hutchins