1. 1 Introduction to Emergency Management Unit Three: Laws and Authorities 1

2. 2 Objectives Section 1: The Law Section 2: Understand the emergency declaration process Section 3: Identify & understand mutual aid, including IMAC & EMAC Section 4: Understand legal issues related to the use of volunteers 2

3. 3 Overview of Laws Discussion Question: Why do we need a basic understanding of the legal authorities related to emergency management? 3

4. 4 As Emergency Managers: You can inform & ask reasoned questions of our legal advisors & elected officials. You are prepared to answer questions about emergency management & the occasional questions like “who can make an emergency declaration & how is it accomplished”, “why do we have tornado drills” or “who can condemn a flood damaged building?” You are prepared to inform the citizens & local governments in the county about hazards that might impact them & how they should respond. 4

5. 5 Meet your legal representative & provide a short overview of emergency management principles County Prosecuting Attorneys have a lot in their portfolios, including prosecuting criminals, so schedule time before disaster strikes to work out the process for emergency declarations. Your county commissioners should be involved too. 5

6. 6 Time for you to Talk !! 6

7. 7 SECTION 1: The Law

8. 8 Counties can only act when & as specifically authorized by state law & county ordinance. On the other hand, the Ohio Constitution does grant municipalities the authority to exercise powers of local self-government (Home Rule). What does that mean to you? It means that the statutes found in the Ohio Revised Code & the rules found in the Ohio Administrative Code apply to counties & govern your work. If you work for a municipality, you must find & understand the authorities governing your program. General

9. 9 Overview of State Laws What is it: Ohio Revised Code (ORC) Ohio Administrative Code (OAC) Attorney General (AG) Opinions Do rules in the OAC have lesser authority than statutes in the ORC? Also, what is the Stafford Act 42 U.S.C. 5121, et seq. and 2 CFR Part 200

10. 10 Overview of Federal Laws What is it: United State Code (USC) Code of Federal Regulations (CFR) Others such as Office of Management and Budget (OMB) Circulars and Presidential Directives 10

11. 11 Ohio Revised Code (ORC) Three statutes are in place for the creation of local Emergency Management Agencies in Ohio: ORC 5502.26 ORC 5502.27 ORC 5502.271 Programs that do not choose to organize under either section 5502.26 or 5502.27, are required to organize under section 5502.271.

12. 12 ORC Sections ORC 5502.21 Definitions Let’s discuss some of the most relevant parts of these statutes

13. 13 Emergency Preparedness includes: (1) The establishment of appropriate agencies and organizations; (2) The development of necessary plans and standard operating procedures for mitigation, preparation, response, and recovery purposes, including, without limitation, the development of supporting agreements and memorandums of understanding; (3) Hazard identification; (4) Capability assessment; (5) The recruitment, retention, and training of personnel; (6) The development, printing, and distribution of emergency public information, education, and training materials and programs; (7) The necessary conduct of research; (8) The development of resource inventories; (9) The procurement and stockpiling of equipment, food, water, medical supplies, and any other supplies necessary for survival and for the public health, safety, and welfare; (10) The development and construction of public shelter facilities and shelter spaces; (11) The development and construction of emergency operations centers for the conduct and support of coordination, direction, and control activities; (12) When appropriate and considered necessary, the nonmilitary evacuation or temporary relocation of the civilian population.

14. 14 EMA Director’s Roles and Responsibilities in Emergency Preparedness Coordination Planning Building knowledge and relationships 14

15. 15 Other EMA Related Laws ORC 5502.28 Cooperation with Governor and Executive Director OAC 4501:3-2 -01 State Organization ORC 5502.30 Immunity from Liability 15

16. 16 Other EMA Related Laws ORC 2744 Political Subdivision Tort Liability ORC 128.06 Planning Committee ORC 3737.73 Safety measures in schools and other institutions housing children; precautions in case of tornados, acts of terrorism, or other violence Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC 5121 and following sections (discussed in Disaster Recovery section)

17. 17 ORC 3750 Understand your role in the SERC & your LEPC Some local emergency management directors are also part of the county’s LEPC With regard to hazardous materials emergency response, activities include:  Funding  Exercise requirements  Planning requirements  “Right to Know” requirements  Enforcement

18. 18 ORC 3750 Where to find more in depth information on LEPCs:  LEPC Membership Handbook  Planning & exercise guidance  Grant Application Handbook  Annual conferences

19. 19 Local Government County information can be found in the Title 3 of the ORC. [The County Commissioners website & handbook are a great resource] Municipal information can be found in Title 7 in the ORC. The Ohio Municipal League is very similar to CCAO & is also a good source of information. Township authorities can be found in Title 5 of the ORC

20. 20 Two Forms of County Government General statutory law (most) Charter (Summit and Cuyahoga)

21. 21 Local Government Townships Townships are smaller forms of government that can generally take care of township roads and provide for fire/EMS but can also supply a myriad of other services

22. 22 What other county/municipal departments’ authorities should you be familiar with? Health department Engineer Human resources Auditor/Treasurer Law Enforcement (sheriff/police chief) Fire

23. 23 Section 2: Emergency Declaration Process

24. 24 The Declaration Process A resolution that authorizes certain actions to be taken in response to a disaster Can be made by any political subdivision Know & understand your jurisdiction’s declaration process; verbal/written Understand the meaning of a declaration & when it’s appropriate to request

25. 25 The Declaration Process Generally, a county declaration is an indication to its citizens & the state that the resources available in the county may not be sufficient to manage the disaster without further assistance. A county (and local) declaration is often the best indication to Ohio EMA that state resources may be necessary to respond to the disaster

26. 26 The Declaration Process for the State The Governor may declare a disaster without an official local declaration Ohio EMA can request waivers of purchasing requirements, such as competitive bidding, for emergency needs Order the Ohio National Guard to active duty Review DAS directives Special Permits and Waiver

27. 27 (A) During the period of an emergency as defined in section 5502.21 of the Revised Code, the department of administrative services may suspend, for the emergency management agency established in section 5502.22 of the Revised Code or any other state agency participating in response and recovery activities as defined in section 5502.21 of the Revised Code, the purchasing and contracting requirements contained in Chapter 125. and any requirement of Chapter 153. of the Revised Code that otherwise would apply to the agency. The director of public safety or the executive director of the emergency management agency shall make the request for the suspension of these requirements to the department of administrative services concurrently with the request to the governor or the president of the United States for the declaration of an emergency. The governor also shall include in any proclamation the governor issues declaring an emergency language requesting the suspension of those requirements during the period of the emergency.5502.215502.225502.21 ORC 125.061 Suspension of purchasing and contracting requirements in case of emergency

28. 28 The Federal Declaration Process for the State Needs must be demonstrated in a standard letter A local or state declaration does not mean that a federal declaration will occur or that federal assets with be utilized!

29. 29 Memorandums of Understanding MOUs/MOAs are essentially contracts – your legal representatives will assist you with preferred formats Allow for all involved to understand the resources that are available, liability, payment, and call up procedures and identify gaps in resources for planning purposes Should be developed & drafted by those with contractual authority in the county; but emergency management director should be involved

30. 30 Section 3: Identifying & Understanding Mutual Aid

31. 31 Mutual Aid Some disciplines, such as fire & law enforcement have separate statutory authority for mutual aid in the ORC ORC section 5502.29 provides authority for emergency management mutual aid for political subdivisions Ohio Fire Chiefs’ Association’s – Ohio Fire Service Emergency Response System (ERS) Law Enforcement Response Plan (LERP)

32. 32 Intrastate Mutual Aid Compact (IMAC) ORC 5502.41 Requests are done through a Local emergency or verbal  written request Emergency management directors can request personnel & resources from other jurisdictions in Ohio, as can officials of many other identified political subdivisions IMAC includes all political subdivisions, unless they opt-out Requests for assistance must be made through the emergency management agency or an official designated by the chief executive Private entities may be identified through IMAC so long as the contract with the participating political subdivision allows

33. 33 Emergency Management Assistance Compact (EMAC) ORC 5502.40 EMAC is an interstate mutual aid agreement that provides for resource sharing among states in the event of a declared disaster Ohio EMA is the key! All communications will go through Ohio EMA!

34. 34 EMAC What EMAC does? Provides one mutual aid system for all states Maximizes the use of all available resources in conjunction with available federal assistance Answers some common legal concerns right up front EMAC does not: Replace federal support or permit the use of National Guard resources for military purposes Affect direction & control of the affected states emergency operations Replace existing mutual aid agreements

35. 35 EMAC State/Local EOC Support Damage assessment Disaster recovery services Logistics support Donations management Law Enforcement Communications Fire fighting Aviation support Biological/chemical Response Teams Medical support services Hazard mitigation Community outreach Search and Rescue Debris clearance services Public Health services Environmental Health services HazMat Response Teams Human services/mass care Animal control services Incident Management Teams HazMat Response Teams

36. 36 The EMAC Process

37. 37 Section 4: Volunteers

38. 38 Volunteers Play an important role in emergency management Equally important to understand responsibilities when volunteers are utilized ORC Section 5502.30 – when called to service by an emergency manager, registered, sworn in & assigned to a specific task, volunteers are “not liable for any injury or death of persons or damage to property... during training periods, test periods, practice periods, or other emergency management operations...”

39. 39 Volunteers ORC Sections 5502.281 & 3701.04 (formerly ORC Section 121.404) – Ohio Responds database Applicable in state or locally declared emergencies or in disaster-related exercises, testing or training activities “... volunteers registered... are not liable in damages to any person or government entity in tort or other civil action... for injury, death, or loss to person or property that may arise from an act or omission of that volunteer...”

40. 40 HTTP://WWW.ETHICS.OHIO.GOV/INDE X.SHTML HTTP://WWW.OHIOATTORNEYGENERA L.GOV/YELLOWBOOK Ohio Ethics and Public Record’s Law

41. 41 Summary You can now:  Define some authorities & the various types of legal documents  Identify & have a basic understanding of the parts of ORC 5502 that influence local emergency management  Understand how your county government & local political subdivisions function & how to facilitate the declaration process  Understand various mutual aid capabilities  Be aware of liability for use of volunteers

42. 42 References County Emergency Management Handbook Ohio Revised Code/Ohio Administrative Code/and other legal findings County Commissioners Association of Ohio Handbook EMAC slide from EMAP