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

2. 2 Objectives Understand legal authorities related to emergency management Become familiar with relevant legal documents Understand different forms of local government Understand the emergency declaration process Identify & understand mutual aid, including IMAC & EMAC Understand legal issues related to the use of volunteers Understand how ethics laws governs your work Understand public records 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 You should at least 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 What are my job duties? Where are they found in statute, regulation or ordinance? To whom do I report? How is my emergency management agency organized? Is the applicable documentation readily available & current? Why do I need to understand how my county/city/village/township is formed & what aspects of that organization impact emergency management? 6

7. 7 Time for you to Talk !! Where are the legal authorities found? To whom do you report? What is your authority as emergency management agency director? What are the duties of other county & local emergency response partners? 7

8. 8 Important Note ! Counties can only act when & as specifically authorized by state law & county ordinance. They are local subdivisions of the state. On the other hand, the Ohio Constitution does grant municipalities the authority to exercise powers of local self- government. 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.

9. 9 What other county/municipal departments’ authorities should you be familiar with? Health department Engineer Human resources Auditor/Treasurer Law Enforcement (sheriff/police chief) Fire

10. 10 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 44 CFR Parts 13 & 206

11. 11 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 11

12. 12 Overview of Laws We digress…

13. 13 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.

14. 14 ORC Sections ORC 5502.21 Definitions Let’s discuss some of the most relevant parts of these statutes

15. 15 ORC Emergency Preparedness includes: Establishing appropriate agencies Identifying hazards Development & distribution of public information & education materials Development of resource inventories Assessing capabilities Recruiting & training staff Procuring necessary equipment & supplies

16. 16 ORC 5502 What do these definitions mean – do I have to do all of these things ?!?!? Understanding them is the key to success as a county EMA Director 16

17. 17 Other EMA Related Laws ORC 5502.28 Cooperation with Governor and Executive Director OAC 4501:3-2 State Organization ORC 5502.30 Immunity from Liability 17

18. 18 Other EMA Related Laws ORC 2744 Political Subdivision Tort Liability ORC 4931.42 Planning Committee and Technical Advisory Committee Ohio Fire Code (Fire Code can be found in the OAC) Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC 5121 and following sections (discussed in Disaster Recovery section)

19. 19 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

20. 20 ORC 3750 Where to find more in depth information on LEPCs:  LEPC Membership Handbook  Planning & exercise guidance  Grant Application Handbook  Annual conferences

21. 21 Local Government It’s important for you to understand your governmental structure & what authorities govern emergency management activities – including your county & the other political subdivisions covered by your program You must understand the role other County, Municipal, and Township departments play in emergency management

22. 22 Local Government A 1857 Supreme Court case established a general theory of the status of counties, which is still relevant today. The court stated: "Counties are local subdivisions of a state, created by the sovereign power of the state, of its own will, without the particular solicitation, consent, or concurrent action of the people who inhabit them.... With scarcely an exception, all powers and functions of the county organization have a direct and exclusive reference to the general policy of the state, and are, in fact, but a branch of the general administration of that policy. (Hamilton County v Mighels, OS 109)."

23. 23 Local Government What is Home Rule? Home Rule is a riddle, wrapped in a mystery, inside an enigma… Many don’t have a good understanding of the home rule concept – it can be both a sword & a shield, but mostly it’s a case-law – not state, rule or ordinance.

24. 24 Local Government "Municipalities shall have authority to exercise all powers of local self-government and to adopt and enforce within their limits such police, sanitary and other similar regulations, as are not in conflict with general laws."

25. 25 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

26. 26 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

27. 27 Local Government What does this mean? You must understand who has the authority to take actions! Your plans & procedures must account for these authorities so include the relevant players in your planning process

28. 28 The Declaration Process A resolution that authorizes certain actions to be taken in response to a disaster Can be made by any political subdivision EMA should ensure that the political subdivision making the declaration understands regular & emergency processes for resolutions

29. 29 The Declaration Process Who must be involved in discussions related to declarations? What actions require a local declaration? Know & understand your jurisdiction’s declaration process; verbal/written Understand the meaning of a declaration & when it’s appropriate to request

30. 30 The Declaration Process Several items to consider: Waivers of purchasing requirements, such as competitive bidding, for emergency needs Relaxation of requirements governing local officials, such as building inspectors EMA Workers (Volunteers) Removal of snow, ice, and/or debris

31. 31 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

32. 32 The Declaration Process The State does not require a local declaration to request FEMA assistance since a state declaration isn’t even required – needs must be demonstrated in a standard letter A local declaration does not mean that state or federal declaration will occur or that state or federal assets with be utilized!

33. 33 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

34. 34 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 Ohio Fire Chiefs’ Association’s – Ohio Fire Service Emergency Response System (ERS) Law Enforcement Response Plan (LERP)

35. 35 Intrastate Mutual Aid Compact (IMAC) ORC 5502.41 Local emergency declaration IS NOT required 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 (none have) 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

36. 36 Emergency Management Assistance Compact (EMAC) ORC 5502.40 EMAC is an interstate mutual aid agreement that provides for resource sharing among states in the even of a disaster Ohio EMA is the key! All communications will go through Ohio EMA!

37. 37 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

38. 38 EMAC State/Local EOC Support Damage assessment Disaster recovery services Logistics support Donations management Security services 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

39. 39 The EMAC Process

40. 40 Public Records Nearly every document kept by a public office is a public record & therefore has records retention requirements; YES, emails & electronic documents too !!! ORC 149.43 covers public records This is a topic that is very specific from political subdivision to political subdivision, so you should discuss with appropriate local staff

41. 41 Public Records & Records Retention Ohio Attorney General’s Website has good information on “sunshine” laws A document commonly referred to is the “Sunshine Book” is available at that website Taking care of these public records is equally important. Records retention schedules must address the different types of records being created – again this varies from county to county

42. 42 Ethics According to Dictionary.com… A system of moral principles: the ethics of a culture The rules of conduct recognized in respect to a particular class of human actions or a particular group, culture, etc.

43. 43 Ethics The Ethics LawThe Ethics Law, effective January 1, 1974, created new ethical standards for public officials and employees by: Requiring personal financial disclosure for identified officials and employees Creating new restrictions upon unethical conduct with criminal sanctions Establishing uniform review of ethics issues by statewide commissions of the three branches of government

44. 44 Ethics The Ohio Ethics Commission has jurisdiction over Ohio's public officials and employees at the state and local levels of government, except legislators, judges, and their staffs. http://www.ethics.ohio.gov/

45. 45 Ethics Among other restrictions, the Ethics Law generally prohibits every public official and employee from: Participating in their public role in any action that involves the direct interests of the official, or those of a family member, or another with whom the official has an ongoing private business relationship Authorizing, or using a public position to secure, a public contract or the investment of public funds in any security that benefits the official, a family member, or a business associate

46. 46 Ethics Improperly profiting from a public contract Soliciting or accepting substantial and improper things of value, including, outside employment or consultation fees, gifts, or travel, meals and lodging, from those dealing with the public agency Unauthorized disclosure or use of information deemed confidential by law Representing others before any public agency in a matter in which the official or employee was involved, both during, and for a period of time (at least one year) after, leaving public service

47. 47 Ethics The Commission also has additional information on their website, has presentations, & conducts trainings. The Commission also provides advice upon request – consider before the action is taken! This is another topic that should be discussed with appropriate county staff – for local application or additional requirements.

48. 48 Ethics In Summary: Would you want to read it on the front page of the paper? Would you want to hear it discussed by Anderson Cooper on TV? Would you want your mother to find out??

49. 49 Volunteers Play an important role in emergency management Equally important to understand responsibilities when volunteers are “employed” [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...”

50. 50 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...”

51. 51 Exercise Working in your virtual counties, make a list of different functions that must occur during various emergencies (e.g., vaccines, damage assessment, evacuations, road closures, building safety inspections) Make another list of the various players that may need to act in an emergency (e.g., chief executives, health officials, fire chiefs, police chiefs, sheriffs) 51

52. 52 Exercise Now make a chart with the functions along the top of the X-axis (horizontal) and the players on the far left of the Y-axis (vertical) Now, you should place marks in each area that you believe each person/organization can act After you are complete, look up as many of the marks in law to verify (as time allows) Do your plans & procedures properly identify legal authorities

53. 53 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  Understand how ethics relates to your position as emergency management director  Be aware of liability for use of volunteers

54. 54 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 Ohio Ethics Commission Website Ohio Attorney General Website