Category Archives: Special Topics

Pot and Preparedness: Are there issues with Marijuana Legalization?

Pot and Preparedness: Are there issues with Marijuana Legalization?

As states and tribes legalize marijuana, are there any problems that emergency managers face? Regardless of personal/political opinions, are there tertiary impacts we in the profession should be thinking and advising our political leaders about?

As states and tribes legalize marijuana, emergency managers are faced problem of controlling the impact of a disaster without the assistance of federal programs that are heavily relied upon. The Emergency Management Cycle is the standardized method emergency managers use to understand how to approach their job. Each of the cycle’s four phases present a unique problem for consideration concerning marijuana legalization. This article is one in a series of four articles related to marijuana legalization and potential issues related to Emergency Management. This article asks whether or not legalized marijuana grow facilities need to coordinate a pre-plan with their local fire department to better avoid possible tort liability.

Note: This article does not state a position on the legalization of marijuana and merely identifies potential issues for emergency management as it is legalized at state and tribal levels. This article should not be considered legal advice. Consult with an attorney

Background: Marijuana grow facilities often pose significant hazards to firefighters. These hazards stem from complex ventilation, facility layout, and electrical wiring (often violating codes). Despite training, these hazards become nearly impossible to avoid given the existing complexities of a structure fire. This is compounded by the mixture of THC and chemicals used in cultivation giving emitted smoke a sickening effect, rather than giving a “high”.

Hypothetical: The current legislation to legalize Marijuana in Wisconsin is approved. A year later there is a fire at an indoor grow facility in Madison. The Madison Fire Department and HAZMAT respond. The facility is partially saved; however, four fire fighters are seriously injured and two of the apparatus’ (fire truck) were damaged and attributed to code violations at the indoor grow facility. Will the firefighter’s and fire department separate civil claims against the owner succeed?

Answer: While the firefighters may likely succeed the department may have issues. The common law firefighter rule generally bars a firefighter’s negligence claim. However, in Clark v. Corby, the Wisconsin Supreme Court found a valid negligence per se claim based the violation of local housing ordinances and hidden hazards. 249 N.W.2d 567 (Wis. 1977); accord Peak v. Cent. Tank Coatings, Inc., 606 F.App’x 891 (10th Cir. 2015). Here, the hidden hazard exception will likely allow the firefighters to succeed. So long as the strict guidelines are followed, Wisconsin statute allows agencies seek reimbursement from a property owner whose negligence caused a HAZMAT incident for actual, reasonable, and necessary expenses included involving the release or potential release of HAZMAT. The issue comes in with the tedious processing requirements. If not strictly adhered to, the agency might forfeit reimbursement.

Next Step: Though sometimes annoying, it is imperative for legal marijuana growers to comply with all building and zoning ordinances at all times. Further, facility owners should work with the local fire department and allow a “pre-plan” for the department’s emergency response to the facility.

Government and Social Media Webinar

Social Media and Law Enforcement Webinar

This great webinar covers various aspects of what Law Enforcement (and Emergency Management) agencies should be thinking about when it comes to interacting on Social Media.

Emergency Management Magazine hosted a Webinar on February 19th, 2015, sponsored by ArchiveSocial. I got the chance to review this webinar recently and found it incredibly eyeopening as to all the legal issues that could arise when it comes to a government agency having a social media presence. Though the webinar is relatively light on the actual statute and case law specifics lawyers have come to know and love, the three speakers bring up several good policy considerations for Law Enforcement and Emergency Management professionals.

The speakers include Lauri Stevens, Principal Consultant and Founder of LAwS Communications and Anil Chawla, Founder and CEO of ArchiveSocial. The webinar is moderated by Morgan Write, a National Media Technology Analyst and Senior Fellow for the Center for Digital Government.

The entire webinar is just at an hour long and is well worth the view. To register and view a recording of this free webinar, visit Emergency Management Magazine’s website here.

– Will

 

Kuwait Hosts Conference on Law and Disasters

Kuwait Hosts International Conference on Law and Disasters

The Kuwait Red Crescent Society hosted a Middle East and North Africa consultative meeting on law and disasters in June 2015.

The Kuwait Red Cresent Society (KRCS) hosted a Middle East and North Africa Conference on Law and Disasters. Dr. Hilal Al-Sayer (Chairman of the KRCS) opened the conference by stressing the importance in preparedness, especially legal preparedness, in order to reduce the impacts of natural hazards on the region. He went on to explained that any crisis management policy must have defined standards in order to be effective.

In 2012, the KRCS hosted the inaugural workshop on Crisis Law, with the goal of enhancing legal readiness for disasters of the nation. Since that time, the KRCS and the International Federation of Red Cross/Red Crescent (IFRC) has provided technical support during and between conferences to the region.

The conference on June 10th, 2015 is a prelude to the IFRC’s 32nd International Conference scheduled for December 2015 in Geneva, Switzerland.

Read the Full Article here.

EMT/Paramedic Law Refresher

EMT/Paramedic Law Refresher

Remember your EMT/Paramedic Program? You know that person that slept through most of their EMT class? Yea, you might be responsible for what they do.

Several years ago in my EMT-B program we got a very brief segment on our legal responsibilities while riding out on the truck. One quote from this article stuck with me more than the rest (though this is an awesome article an analysis by Mr. David Givot out in California.

“Case law has created an implicit duty to mitigate the substandard performance or outright incompetence of fellow providers. Simply put, the emerging legal trend is to hold all providers accountable for the failings of one.”

Lets get real for a minute, we’ve all had that slacker co-worker we’ve had to cover for; but, did you ever think you HAD to cover for them? Apparently case law (law created by judges as cases were tried in court) has established such a rule. This is where most laypersons who understand statutes but not the “common-law” (a formal name for case law) can impact them.

Now before you start to think “oh, this is California, it has no impact on me in Texas (or fill in your other favorite state’s name here)” WRONG! Many times where the states or other case-law is ambiguous, courts will look to decisions made by judges in other states–including California–before making a decision. Though it’s not what we call a “controlling case” it is “persuasive” upon the court and has a much better chance for getting the nod from the Judge than an “but it’s not my fault” argument.

If you’re an EMT, Paramedic, or Medical Director it is definitely worth the few minutes to take a look at this article. It just might save you a couple headaches and change your next interview and personnel retention decision.

– Will

Read the Mr. Givot’s article here.

Texans Needed for FEMA Jobs

Texans Needed for FEMA Jobs

FEMA is looking to hire short-term help to get communities back on their feet from this summer’s severe weather throughout Texas.

The Corsicana Daily Sun reported that the Federal Emergency Management Agency (FEMA) has partnered with the Texas Workforce Commission to hire a slew of Temporary-Workers to help the state recover from the severe weather and flooding we experienced in May and early June of this year. Applications will be accepted through July 24th, 2015 or until all the positions are filled. Positions are available in various areas including: Administrative/Clerical, Customer Service, Logistics, Report Writing, Switchboard/Help Desk, and Technical/Architecutre/Engineering.

There are several different types of federal government employment: (i) Full-Time, Permanent, (ii) Part-Time, Permanent, (iii) Full-Time, Temporary, (iv) Part-Time, Temporary. These positions will fall in to the 3rd and 4th categories as previously mentioned. What that means for job seekers is that this will be a good gig, until the job is done. Not that this is a bad thing, but it is important to know that going into it.

What are the details and the process? Candidates must go online to www.workintexas.com and fill out an applications. Qualified candidates will then be forwarded onto FEMA staff in either Austin, Denton, or Houston for selection and interview. Candidates must meet the following qualifications for their applications to be considered must be at least 18 years of age or older and a U.S. Citizen. Be aware, candidates will be required to have valid government identification cards such as a military ID or drivers license and be able to pass a background check that includes fingerprinting.

Though it sounds like a lot to take in, if you’ve ever desired to find out what its like to work with FEMA, it could be an awesome once in a lifetime experience. For college students out on break this summer and looking for a job, this just might be the thing you need to help bolster that resume of yours!

– Will

Read the Article here.

Minimizing Liability for Displaced Children Post-Disaster

Minimizing Liability for Displaced Children Post-Disaster

How can a local agency minimize their liability while caring for children displaced after a disaster? Possibly by shortening the timeframe the children are in their custody.

After a disaster or emergency, families can become separated from each other. This causes a serious issue when trying to protect children from potential neglect and abuse at the hands of one’s own agency. Though claims of abuse can end up unfounded, the mere threat of a lawsuit and the publicity that would follow it would be enough to scar any local government or public safety agency for generations. So how do you minimize the risk the agency is exposed to while trying to reunite families after a disaster? One of the easiest things to do is get the families reunited faster. Now, the National Center for Missing and Exploited Children (NCME) has developed a system to assist local agencies with doing just that.

Three systems available to state and local authorities:

1. The National Emergency Child Locator Center

The National Emergency Child Locator Center is activated during presidentially declared disasters. In the event of a natural disaster, the center will: (i) establish a toll-free hotline to receive reports, (ii) create a website to provide information about displaced children, (iii) deploy staff to gather information about displaced children, (iv) provide information to public about additional resources available, (v) partner with law enforcement agencies at various levels, and (vi) refer reports of displaced adults to the Attorney General’s designated authority.

Visit the Site here.

2. The National Emergency Family Registry and Locator System (NEFRLS)

The National Emergency Family Registry and Locator System was established to facilitate the reunification of families separated as a result of a presidentially-declared emergency or major disaster. NEFRLS is a web-based system enables authorities to provide a nationally accessible system that allows displaced adults to voluntarily register and share specific information on their post-disaster well-being or location with specified family members or friends. Registration is voluntary and can be done either online or via a toll-free phone number. No citizenship or immigration status questions are asked when registering.

Visit the site here.

3. The Unaccompanied Minors Registry

the Unaccompanied Minors Registry allows the public to report information related to children who have been separated form their parents as the result of disaster. This tool enables NCMEC to provide assistance to local law enforcement and assist in the reunification of displaced children with their parents or legal guardians. Reporting is done on the NCMEC’s secured (SSL) website and is encrypted.

Visit the site here.

 

President Bans Some Military Equipment Sales to Police

President Bans Some Military Equipment Sales to Police

President Obama announced on May 18th that the federal government would cease the flow of certain types of equipment to police departments following the recommendations of a multi-agency working group on the subject.

President Obama announced on May 18th, 2015 that the federal government would cease the flow of certain types of equipment to police departments through the federal surplus programs. The announcement follows one of several recommendations made by a multi-agency federal working group tasked with reviewing what could have been done different or better following the riots in Ferguson, Missouri.

Specifically, the program would no longer allow for tracked armored vehicles, bayonets, grenade launchers, camouflage uniforms, and large-caliber weapons and ammunition to flow through these programs to police departments. The programs would still be allowed to still provide aircraft, wheeled tactical vehicles, mobile command centers, battering rams, and riot gear. This equipment would be provided to departments who meet national policing standards and agree to not transfer or sell the equipment unless they receive approval from the federal government.

Though they have not been fully written, other recommendations made by the working group will go into effect with the new fiscal year on October 1st. The thing agencies should be aware and ready to work with is that the programs will now require that agencies adopt “robust and specific written policies and protocols covering not just the use of the federal equipment, but their policing practices in general.”

Though many might think this is a sudden and new idea of limiting the flow of military surplus to police departments and other law enforcement agencies, many states have been looking at ways to control what type of equipment their law enforcement agencies would be allowed to obtain through the federal surplus programs. (Read our prior post about control measures the states are looking at here)

Emergency Managers and Law Enforcement Planners should be aware of these federal recommendations and state control measures as they are implemented. I estimate that we will start seeing these rules start going out in draft format later this summer ahead of the fiscal year. Most importantly though, it might be a wise decision to sit down with the agency’s legal counsel to lean forward and assess the potential impact these control measures will have on your agency’s plans, protocols, and overall operating procedures.

– Will

Read USA Today’s Full Article here.

Read our article on state’s actions to control surplus military equipment sales here.

Texas House Advances Bill to Establish Regional Search and Rescue Teams

Texas House Advances Bill to Establish Regional Search and Rescue Teams

With only two weeks left, the Texas House Advances a bill establishing search and rescue response teams in each of the Texas disaster response regions.

With two weeks left in the legislative session, the Texas House of Representatives advanced a bill establishing regional search and rescue teams to the floor vote. The next phase is for the bill to be considered by Senate Committee hearings and a vote by the full senate before moving to the governor for action.

This bill represents one of the only disaster management related legislative actions to advance from committee this legislative cycle. HB 1970 (defining a new disaster victim lighted identification system), 2376 (relating to the creation of a disaster relief fund), and 4085 (relating to state disaster declarations are made) were either withdrawn from the schedule or left pending in committee.

The State of Texas currently operates six field response regions. The state expects for this bill to have no impact on local government fiscal requirements, while adding nine state employees to administer the program and provide training to local entities. The concept behind this program would be to synchronize training and coordination among individual volunteers and volunteer organizations instead of creating a new organization of full-time employees.

With an estimated initial investment in 2016 of $12.5 Million into starting the program (equipment, facilities, hiring, and initial training), it is estimated that approximately $1.6 million will be spent annually on upkeep.

– Will

Read the State Committee Report here.

 

Sen. Schumer asks FCC to change law to allow Amtrak Police and Local Police to communicate

Sen. Schumer asks FCC to change law to allow Amtrak Police and Local Police to communicate

Current FCC regulation treats Amtrak Police as railroad personnel and not as Law Enforcement, making them unable to communicate with local law enforcement personnel via radio in case of emergency.

The history of railway security goes beyond the civil war to the protecting of gold shipments from the West coast to the East coast through the territories. As time progressed, railway corporations became responsible for providing their own security during transit. Today, many state penal codes (including Texas) recognize railway police as a separate and specialized form of law enforcement organization.

U.S. Senator Charles Schumer has asked the Federal Communications Commission (FCC) to change a regulation which treats Amtrak Police as railroad personnel rather than law enforcement personnel. Though subtle, this treatment prohibits Amtrak police from having radio communication with local law enforcement and emergency management personnel in the event of an emergency on an Amtrak train passing through the jurisdiction.

The Amtrak Police Department’s over 500 sworn and civilian personnel at 30 locations in 46 states provide security for Amtrak employees, passengers and infrastructure safety and security. The Police Department consists of a: National Communications Center, Patrol Division, and Special Operations Division. The Special Operations Division consists of a K-9 Unit, Intelligence, Special Operations Unit, and Counter-Terrorism Unit.

As we develop our communications annex’s, ensuring the ability to communicate with adjacent agencies in an emergency can be the difference between life and death. Modifying FCC regulations allowing radio communication between Amtrak police and local police and emergency management will help ensure interoperability in the event of an emergency situation. The important thing is that once the FCC modifies existing regulations, is that law enforcement agencies and emergency management organizations amend their communications procedures to include Amtrak Police and the Amtrak Police National Communications Center.

– Will

Read the full article here.

Visit the Amtrak Police Department’s Web Site here.

Family Wants Changes to Operating Procedures

Family Wants Changes to Operating Procedures

A Firefighter’s Widow is calling upon the City of Dallas to make changes to the way things are done to help protect other firefighters, which may eventually cause changes to Emergency Operating Procedures.

Stanley Wilson, 51, died May 20, 2013, when he was crushed inside a collapsing condo during a six-alarm fire in northeast Dallas. His death prompted strife within the department, and answers were slow to come out. A 703-page draft report obtained by The Dallas Morning News reported issues with the deputy chief’s orders during the blaze, and cited a “culture of indifference” among firefighters to policies and procedures at the fire department.

Jenny Wilson has been asking for changes to be made to training and for fire-ground communications to be recorded. Though she is prevented from filing a lawsuit since her husband died in the line of duty, she is still seeking to have changes made at the city in an attempt to prevent this from happening to another family in the future.

How might this effect Emergency Management? Though the Emergency Manager isn’t directly responsible for making the changes Jenny Wilson is asking for, it is important to be aware of them. A change in the way incident response is done might very well change some of the Emergency Operating Procedures, documentation requirements during a disaster, and even the way the Emergency Operations Center functions. Also, even if this issue fades into the background, a disaster might bring it back to the forefront. This means Emergency Managers need to ensure their PIO’s are ready to deal with the issue.

Read the Dallas Morning News’ Full Article: Here

See the State Fire Marshall and City of Dallas’ Incident Reports: Here

– Will