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Laws and authorities pertaining to emergency management in KansasANGEE MORGAN
DEPUTY DIRECTOR, KDEM
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Senior elected officials at each level of government are charged with the
responsibility for the protection and
promotion of public health and welfare
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Major responsibilities of county government
Direction and Control
Communications
Warning
Emergency public information
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Major responsibilities of county government
Evacuation
Mass care
Health and medical
Resource management
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Major responsibilities of elected officials
Policy making
Set priorities
Local declaration of emergency
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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
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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
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Emergency management legal authorities
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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
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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;
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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
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What’s a CEOP?Describes what emergency response actions will occur
By whomWith lines of successionBy what authorityUsing what resources
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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
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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
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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;
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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
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KSA 48-933
Compensation can be expected if private property is commandeered during a disaster declaration
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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
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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
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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
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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
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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
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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.
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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.
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KSA 65-57◦ Superfund Amendment & Reauthorization Act
(SARA Title III)
◦ Emergency Planning & Community Right-to-Know Act
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KAR 56-2-2Implementing instructions for KSA 48-929◦ Establish a county emergency management
program◦ mitigation, preparedness, response and recovery
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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
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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
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