AFTERMATH OUTBREAK. Contingency Planning to Sustain Critical Operations During Large Scale Disasters and Catastrophic Events

Transcription

1 AFTERMATH OUTBREAK Contingency Planning to Sustain Critical Operations During Large Scale Disasters and Catastrophic Events By: Thomas Kerss, Law Enforcement Consultant Texas Association of Counties

2 Learning Objectives Participants should be able to: Identify the necessity for Contingency Planning in order to sustain essential operations during natural and man made disasters. Identify types and frequencies of large scale disasters or catastrophic incidents that could adversely impact sustainable operations. Identify the legal and liability concerns associated with failing to sustain certain critical functions during large scale emergencies.

3 Planning Failing to plan is planning to fail. Your local emergency response plan must be functional and legally based. You must operate a constitutionally safe jail regardless of the circumstances.

4 The only way to be prepared for anything is to prepare for everything. So what is

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11 Provide for Your Workers

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13 Storm within the Storm THERE IS A STORM WITHIN THE STORM THAT MUST NOT BE IGNORED.

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16 Natural Disasters Tornado Hurricane Flood Earthquake Ice Storm Wildfire Wind Storm Drought

17 Pampa, TX Tornado

18 Tornado

19 Severe weather causes widespread damage across Red River County, Texas. Posted: Mar 17, 2016 CLARKSVILLE, Texas - The storms toppled trees, damaged structures and knocked out power. Officials say the Red River County Jail and kitchen was damaged in the storm, and will have to be replaced. In the meantime, nearly 30 inmates will be transferred to the Franklin County Jail.

20 Hurricane Rita-2005 Ike-2008

21 Hurricane Ike

22 Texas to evacuate 2,600 inmates as floodwaters threaten inmates-in-rosharon/ /

23 Flooding

24 Earthquake

25 Jail Earthquake Damage

26 Ice Storm Paralyzes North Texas

27 Gridlock for Days

28 Fire Destruction

29 The Bastrop County Complex Fire prompted the evacuation of 5,000 people.

30 Wildfire Threatens City

31 Non-Natural Disasters Power, Water or Fuel Outages Plane, Train or Vehicle Crashes HAZMAT Exposures/Toxic Spills Biological Contaminations Explosions/Incendiary Threats

32 Explosion-Fertilizer Plant

33 Explosion-Jail Missing inmates located after Florida jail explosion

34 Tank Car Toxic Spill

35 Medical Disasters/Diseases Pandemic flu Ebola MERS/SARS MRSA Tuberculosis Viral Hepatitis

36 What If Your Jail Is Quarantined?

37 Hostile Acts Inmate Extractions/Escapes Attack on your Courts, S.O. or Jail Facility Sabotage (food, water, power, cyber) Suicide Bomber Chemical/Biological Attacks Etc.

38 Terrorist Event

39 Dallas Police Shootings

40 Civil Disorder

41 Riots, Looting, Lawlessness

42 Civilian Responses

43 Inmate Disturbances Escapes Riots Hostage situations Arson Etc.

44 Critical Resources Strained Communications Law Enforcement/Public Safety Essential Governmental Services/Hospitals Basic Essentials: Food/Fuel/Medications Roads To maintain order we must meet basic necessities: LE patrols, jails, courts, clerks Staff??

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46 Access Restricted

47 What If You Can t Get Deliveries?

48 What If Courts Close? Texas trial for 'American Sniper' halted due to ice storm By Jon Herskovitz February 23, 2015

49 Records and Evidence Flooded

50 Evidence Destroyed

51 What is Your Plan if: Records (including electronic servers) are destroyed? Finances (payroll, bill-pay, purchasing, etc.) are not available?

52 Failing to Plan Yogi Berra once said, It ain t over til it s over. In catastrophic situations, it s usually not over once the disaster has ended. If you fail to plan legal issues are almost certain to follow.

53 Legal Impact from Katrina

54 Post-Katrina Issues The Orleans Parish DA s Office is a challenge the court system is barely operational currently operating out of what used to be a night club. The office lost twenty percent of its prosecutors, all of its investigators, and all of its support staff. Justice Journal Spring Semester 2006, Volume 2, Issue 1 Loyola University of New Orleans Law Clinic

55 Ibid Post-Katrina Issues Continued Not having a physical location to prosecute its cases; Not having staff, jurors or budget resources; Overdue bail hearings for defendants jailed before the storm; Trials delayed as clerks try to salvage evidence and prosecutors track down witnesses

56 New Orleans Criminal Defense Attorney Stated: I can t file subpoenas, I can t file motions, I can t get a jury trial, I can t cross-examine witnesses... I can t review the evidence, It s all been destroyed.

57 Civil Concerns litigation is a potentially successful avenue for ensuring that prison officials plan adequately for emergencies in their facilities. Ira P. Robbins Professor of Law and Justice American University Washington School of Law

58 Reasonable Measure of Protection Is having an emergency preparedness contingency plan in place deemed to be a reasonable measure?

59 Three Areas of Response Management Recovery Restoration

60 Restoration and Funding Your county and your citizens will likely become FEMA dependent after a major disaster. Much will depend on FEMA s ability to respond and the scope of the emergency local, regional or national. Be prepared to survive without FEMA assistance.

61 Document, document, document!!! To obtain FEMA reimbursement you must: Have adequate documentation that meets FEMA guidelines for reimbursement

62 Track Expenditures Promptly

63 Be Proactive Identify and plan contingencies for all possible emergencies. Develop emergency protocols with operational (team) accountability. Test the emergency plan.

64 Need Some Luck? Luck is what happens when preparation meets opportunity. UT Coach Darrell Royal

65 Questions