1 / 15

13 June 2019

The Pros and Cons of Declaring a State of Emergency. 13 June 2019. About AEMA. Vision Building resiliency for tomorrow, strength for today, applying lessons from yesterday for a better Alabama. Mission

rmaureen
Download Presentation

13 June 2019

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The Pros and Cons of Declaring a State of Emergency 13 June 2019

  2. About AEMA Vision Building resiliency for tomorrow, strength for today,applying lessons from yesterday for a better Alabama. Mission To support our citizens, strengthen our communities,and build a culture of preparedness through acomprehensive Emergency Management Program.

  3. About AEMA Our state is faced with numerous threats that truly cover “all hazards.” The following standing priorities have been established by the Governor for all operations: • Life Saving • Incident Stabilization • Protection of Property and Environment • Preliminary Needs/Damage Assessment

  4. About AEMA One of the lessons learned by Alabama EMA following April 27, 2011 tornadoes was the need to create divisions throughout the state to better manage the flow of federal/state/private communication/information, resources, services, and personnel to the incident. This was reaffirmed this Spring when our state experienced flooding in North Alabama and devastating loss of life from tornadoes in Lee County simultaneously.

  5. State of Emergency Planning is CRITICAL- Discuss scenarios with State Partners pre-incident Determine key language necessary in preparation of incident Example: Prescription waiver during Hurricane Irma Example: Work with NWS in determining the projected impacts and the projected geographic areas of impact Relationships are key: State Command Group Call, other State EMAs

  6. Governor’s Proclamation of State of Emergency State of Emergency as defined in Ala. Code (1975) § 31-9-3 (5): When the Governor duly proclaims the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by fire, flood, storm, epidemic, technological failure or accident, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, earthquake, explosion, terrorism, or man-made disaster, or other conditions, other than conditions resulting from a labor controversy or conditions causing a state of war emergency…

  7. Governor’s Proclamation of State of Emergency State of Emergency as defined in Ala. Code (1975) § 31-9-3 (5): Conditions are BEYOND the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or energy shortage requires extraordinary measures beyond the authority vested in the Alabama Public Service Commission.

  8. Emergency Powers of the Governor Shall terminate 60 days after the date on which it was proclaimed, but can be extended by proclamation Enforce all laws, rules, and regulations relating to emergency management; assume direct operational control of all emergency management forces Hours of Service Waiver Alternate Standards of Care (Hospitals) Prescription Waiver Mandatory Evacuation Order Regulate and formulate plans for the flow of traffic (eg. Contraflow)

  9. Emergency Powers of the Governor Utilize services and facilities of existing officers and agencies of State and political subdivisions All orders, rules, and regulations of the Governor authorized by the EM Act shall have the effect of law when filed with the Secretary of State Perform and exercise functions for the protection and safety of civilians. Procure, construct, lease, transport, store, maintain, renovate, distribute materials and facilities for EM (excluding news services)

  10. Liability Protection Ala. Code (1975) § 31-9-16 All activities related to emergency management are governmental functions Neither the State nor any political subdivision shall be liable for death or injury to persons or for damage to property Except for willful misconduct, gross negligence, or bad faith, no emergency management worker or entity reasonably attempting to comply shall be liable

  11. Local Proclamations of Emergency Conditions The conditions warranting a resolution from a governing body of the political subdivision that emergency conditions exist described in Ala. Code (1975) § 31-9-2(a) and § 31-9-10 are as follows: There is a disaster or emergency or the imminent likelihood of a disaster or emergency, and the capabilities and resources of the local government are likely to be exceeded Emergencies of unprecedented size and destructiveness resulting from enemy attack Sabotage, or other hostile action, or from fire, flood, earthquake, or other natural causes

  12. Local Proclamations of Emergency Conditions A local government may adopt a resolution proclaiming emergency conditions exist in the following ways: 1) In the event that the governing body of the political subdivision determines that any of the conditions described in Ala. Code (1975), § 31-9-2 (a) has occurred or is immediately likely to occur, the governing body shall have the authority to approve a resolution that emergency conditions exist. See also Ala. Code (1975) § 31-9-10 2) In the event the Governor or Legislature proclaims a SOE, affecting a political subdivision, the chair or president of the governing body for the political subdivision may execute a resolution on behalf of the governing body, declaring that any of the conditions described in Ala. Code (1975), § 31-9-2 (a) has occurred or is immediately likely to occur NOTE: Act #2018-94 amended Ala. Code (1975) § 31-9-10 and §31-9-83

  13. Local Proclamations of Emergency Conditions Execution of the resolution by the chair or president of the governing body shall authorize the governing body to exercise the powers enumerated in Ala. Code (1975) § 31-9-10(b)(5). It is important to note that the ability for the chair or president of the governing body to adopt this resolution, without full approval of the governing body, mayonly occur if the Governor or Legislature has issued a State of Emergency. The Governing body is STILL subject to the public works and competitive bid laws pertaining to these enumerated powers.

  14. Alabama Emergency Management Agency QUESTIONS AND COMMENTS www.ema.alabama.gov Resources Tab -2019 Alabama Disaster Preparedness -State of Emergency (all SOEs listed)

  15. Alabama Emergency Management Agency Jonathan Gaddy jonathan.gaddy@ema.alabama.gov; (205) 280-2277 Janine Speaks janine.speaks@ema.alabama.gov; (205) 280-2209

More Related