Laws and authorities pertaining to emergency management in KansasANGEE MORGAN

DEPUTY DIRECTOR, KDEM

1

Senior elected officials at each level of government are charged with the

responsibility for the protection and

promotion of public health and welfare

2

Major responsibilities of county government

Direction and Control

Communications

Warning

Emergency public information

3

Major responsibilities of county government

Evacuation

Mass care

Health and medical

Resource management

4

Major responsibilities of elected officials

Policy making

Set priorities

Local declaration of emergency

5

During a disaster…Elected officials have responsibility for the safety and security of their jurisdiction

Elected officials will be required to demonstrate extraordinary leadership and decision making

Elected officials will make a significant impact on the response and recovery outcomes

6

Elected officials provide leadership by:◦ Delegating authority to on-scene responders

◦ Instilling confidence in the public that the incident is being managed effectively

◦ Making policy decisions and securing needed resources

◦ Building partnerships and alliances

7

Emergency management legal authorities

8

KSA 48-929Each county shall establish and maintain a disaster agency responsible for emergency management and coordination of response to disasters; each disaster agency shall have jurisdiction over and serve all of each county included therein

Each county shall prepare and keep current a disaster emergency plan which is approved by the Kansas Division of Emergency Management

The county disaster agency shall prepare and distribute to all appropriate officials in written form a clear and complete statement of emergency responsibilities of all local agencies and officials and of the disaster chain of command

9

KSA 48-928Duties of the division of emergency management:

•promulgate standards and requirements for county emergency operations plans including rendering and receipt of mutual aid;

•review and approve county emergency operation plans

•implement the use of an incident management system during emergencies and disasters by all state, county, city and interjurisdictional disaster agencies;

10

Kansas Planning StandardsDeveloped in partnership with county and state governments

Guide to develop and review EOPs

Includes statutory and regulatory requirements

Kansas Planning Standards cont.Improve coordination and integration of all levels of government

Maximize resources

Improves communication

Increase situational awareness

Facilitates mutual aid

What is a CEOP?A County Emergency

Operations Plan (CEOP) describes how the government will do

business in an emergency

13

What’s a CEOP?Describes what emergency response actions will occur

By whomWith lines of successionBy what authorityUsing what resources

14

KSA 48-932Grants power to the chairperson of the board of county commission to declare a local disaster emergency

Activates the response and recovery aspects of County Emergency Operations Plan and initiates the rendering of aid and assistance

15

What does a county disaster declaration do?Implements the response and recovery portions of the County Emergency Operations Plan

The first step in getting resources

Activates mutual aid agreements

Protects jurisdictions from legal liability

Provides access to state and federal assistance

Temporarily suspends regulations regarding purchasing and contracts

16

KSA 48-925Powers of the governor during state of disaster emergency; administered by the adjutant general◦ Commander-in-Chief;◦ Issue orders and proclamations which have the force and

effect of law;◦ Suspend regulatory statutes and procedures to conduct

state business;◦ Utilize all available resources of state government and of

each political subdivision;◦ Transfer personnel, functions and supervision of state

agencies to facilitate emergency management activities;

17

KSA 48-925 cont.Powers of the governor during state of disaster emergency; administered by the adjutant general◦ Commandeer or utilize any private property;◦ Control ingress and egress of persons and animals;◦ Suspend or limit the sale of alcoholic beverages,

explosives and combustibles;◦ Require and direct the cooperation and assistance of

state and local governmental agencies and officials;◦ Perform and exercise such functions, powers and duties

necessary to promote and secure the safety and protection of the civilian population

18

KSA 48-933

Compensation can be expected if private property is commandeered during a disaster declaration

19

KSA 48-915Grants immunity from liability for personal injury or property damage sustained by persons engaged in emergency management activities; except in cases of willful misconduct, gross negligence or bad faith

Recognizes that regional medical emergency response team members created under KSA-48-928 are deemed state employees under the Kansas tort claims act of KSA 75-6101

20

KSA 48-935

Establishes that the State and County Emergency Operations Plan have precedence over local ordinances during a declared disaster if the local ordinance is in conflict with the state or county emergency operations plans

21

KSA 48-950All political subdivisions within the state are automatically a part of the Kansas mutual aid system unless they provide a resolution “opting out” to KDEM.

Does not preclude participating with other political subdivision into supplementary agreements

22

KSA 48-951Assigns responsibility to the county disaster agency to:1. Identify potential hazards;2. Conduct joint planning, intelligence sharing and threat

assessment development with contiguous counties;3. Identify and inventory current services, equipment,

supplies, personnel and other resources related to planning, prevention, mitigation, response and recovery activities;

4. Adopt, train and operate using the national incident management system as approved by KDEM

23

KSA 48-953Participating political subdivision is obligated to provide assistance in the prevention of, response to and recovery from a local-declared emergency or in an authorized drill or exercise:

1. Must be a declared emergency or authorized drill;

2. The participating political division may withhold resources to the extent necessary to provide reasonable protection and services for its own jurisdiction;

3. Responders, assets and equipment remain under command and control of their own jurisdiction; to include medical protocols and procedures but are under the operational control of the appropriate official within the incident they are providing assistance to

24

KSA 48-956Personnel of participating political divisions responding to or rendering assistance who sustain injury or death in the course of and arising out of their employment are entitled to all applicable benefits normally available to personnel while performing their duties for their employer.

25

KSA 48-957All activities performed under the mutual aid act are considered governmental functions and therefore for purposes of liability, all persons responding under the operational control of the requesting political subdivision are deemed to be employees of the requesting participating political subdivision.

The participating subdivision and employee are not responsible for death, injury or damage to property while complying with the Kansas mutual aid system except in cases of willful misconduct, gross negligence or bad faith.

26

KSA 65-57◦ Superfund Amendment & Reauthorization Act

(SARA Title III)

◦ Emergency Planning & Community Right-to-Know Act

27

KAR 56-2-2Implementing instructions for KSA 48-929◦ Establish a county emergency management

program◦ mitigation, preparedness, response and recovery

28

EO 05-03 Adopts the National Incident Management System

All jurisdictions must comply with NIMS requirements

Must use the Incident Command System (ICS) in response and recovery

Requires that responders complete ICS classes; encourages elected officials having a role to take the training

29

County resource requests to KDEM

1. County emergency management notifies KDEM of event and confirms that all local, mutual aid and private contracting resources are exhausted (county declaration)

2. SEOC determines the priority of the request approves the mission; logistics section chief mission assigns appropriate emergency support function coordinator to deploy state resources and/or procure;

3. If state resources are not available or not able to obtain; state requests federal assistance

30