Mike VincentDeputy Attorney General

Hawaii Office of the Attorney General

Role of the AG in Preparing for and Responding to Public Health Emergencies

The AG’s Role in Emergency Management

• Representation

• The Emergency Management System– And our role in it

• Personal Preparedness (Home & Work)

Representation

• Two Hats– Counselor (>90-95%)

• Advice & Counsel

• Opinion

• Support

– Advocate (<5%)• Routine Issues and Matters

• Informal Disputes and Contests

• Formal Adversarial Proceedings

• CANNOT be legal counsel for federal, county or private officials (can work with)

The Emergency Management System

• Understand Your EM System– Plan legal Representation Accordingly

• Local Responsibilities

• State Responsibilities

• Disaster Progression

• Disaster Coordination

• AG EM Coordinators

• All-Hazards Approach

Emergency Management

Local Responsibilities• Perform Emergency Functions

– Warning, Evacuation, Shelter– Police, Fire, Hazmat– Rescue, Ambulance, Mass Care– Debris Clearance– Health, Medical, & Sanitation– Damage Assessment

• Enact Local Emergency Plans

• Request State Assistance– Situation MUST exceed local capabilities

State Responsibilities• Coordinate all State-wide Emergency

Functions

• Provide assistance to Counties

• Enact State Emergency Plans

• Request Federal Assistance– Situation MUST exceed local capabilities

Use all available private and public resources.

Coordinate, integrate and focus first responders.

Partial County DisasterPartial County Disaster

Full County DisasterFull County Disaster

Partial State DisasterPartial State Disaster

StatewideStatewide DisasterDisaster

Federal Federal DisasterDisaster

Disaster/Emergency Progression

ComprehensiveEmergency Management

ComprehensiveEmergency Management

MitigationMitigationInsurance

ConstructionRegulations

CodesLegislation

PreparednessPreparednessPlans

InformationTraining

EducationConstructionResources

ResponseResponseAlert

NotificationLaw Enforcement

Fire/RescueMedicalUtilities

RecoveryRecoveryFundingLoansGrants

Assistance

Pre-EventPre-Event

Post-EventPost-Event

Local andLocal andState ResponseState Response Initial Damage AssessmentInitial Damage Assessment

and Reportingand Reporting

State & LocalState & LocalGovernment:Government:

Determine needed Determine needed Repair and RecoveryRepair and Recovery

AssistanceAssistance

Joint Damage AssessmentJoint Damage AssessmentFederal, State & LocalFederal, State & Local

Governor RequestsGovernor RequestsPresidential DisasterPresidential Disaster

DeclarationDeclaration

Letter, Request PackageLetter, Request Packagefrom Governor to Presidentfrom Governor to President

President signsPresident signsExecutive OrderExecutive Order

Federal Disaster AssistanceFederal Disaster Assistancemade availablemade available

Joint Field Office (DFO)Joint Field Office (DFO)and Disaster Applicationand Disaster Application

Center establishedCenter established

Program Administration Program Administration BeginsBegins

Disaster Assistance ProcessDisaster Assistance ProcessIncludes:Includes:

• Hazard Mitigation AnalysisHazard Mitigation Analysis Programs, Plans, ProcessPrograms, Plans, Process

• Public Assistance ProgramsPublic Assistance Programs

• Individual AssistanceIndividual AssistanceProgramsPrograms

2.2.3.3.

4.4.

5.5.

Disaster OccursDisaster Occurs1.1.

6. 6.

7. 7.

8.8.

9.9.

10.10.

11.11.

12.12.

All-Hazards Approach

• Natural Emergencies and Disasters

• Man-Made Emergencies and Disasters

Natural Hazards & Fire

Severe thunderstormFloodingHurricanesWaterspouts & TornadoesDroughtsEarthquakes

Tsunamis/Tidal WaveLava flowsForest firesLandslides/ MudslidesWildfiresHigh wind/surfStorm surge

. Man-Made

Hazardous materialsTransportation accidentsIndustrial accidentsUtility/power failuresEpidemicsInfestation

Radiological incidentFuel shortageDam failureNuclear attackCivil disorderFire/explosionTerrorism

Terrorist Activities

Evolving Terrorist Threat• Terrorism has become significant threat

• Bombing is the “tactic of choice”

• Chemical, Biological, Radiological, Nuclear, and high Explosive (CBRNE) threats compound problem

Terrorist Activities

ESF Emergency Supt. Function Federal Dept. State Dept.

1 Transportation DOT DOT

2 Communications DHS B&F

3 Public Works & Engineering DOD/ACE DAGS

4 Firefighting DOA/Forest Serv. Fire Council

5 Emergency Management DHS/FEMA DOD/SCD

6 Mass Care, Housing, H.Serv. DHS/FEMA/ARC ARC, DHS, DBEDT

7 Resource Support GSA DAGS, DHS

8 Health & Med. Services DHHS DOH

9 Urban Search & Rescue FEMA DOD/NG

10 Oil & Hazardous Materials EPA, DHS, USCG DOH

11 Agriculture & Nat. Resources DOA, DOI DOA

12 Energy DOE DBEDT

13 Public Safety and Security DHS, DOJ AG

14 Long Term Community Recovery & Mitigation

DHS/FEMA DBEDT

15 External Affairs DHS/FEMA DOD/SCD

Success Includes Coordination

• No agency Can Respond Alone

• Must involve all levels of Government

• Federal Law Generally Requires– Local State Federal

• Agencies we coordinate with:

COUNTYEmergency ServicesEMS/AmbulanceLEAsCivil Defense Agencies

STATEAccounting and General ServicesBusiness, Economic Development and Tourism Energy CouncilPublic SafetyAttorney GeneralHealthLand and Natural ResourcesDepartment of TransportationNational GuardUniversity of HawaiiCivil DefenseCivil Defense Advisory Committee Members

PRIVATEAmerican Red CrossBank of HawaiiHawaii Hotel Security Association Healthcare Association of HawaiiMaui Electric CompanyPacific Disaster CenterHawaii Metal Recycling Company

FEDERALFBIFEMA Region IXFederal Executive Board U.S. Attorney’s OfficeU.S. Department of Transportation Federal Highway Administration Transportation Security AdministrationU.S. Secret ServiceU.S. Postal Inspection ServiceU.S. Department AgricultureU.S. Customs and Border ProtectionU.S Immigration Customs EnforcementU.S. Public Health ServiceDisaster Medical Assistance Team

MILITARYUSARPAC JICPACUSCINCPACUSCG

Success Includes Participation • Spend Time with Clients

– Know The Leadership And Worker Bees– Know Their Roles & Responsibilities– Don’t Be Afraid To Get Dirty With Them

• Spend Time with Partners– Know The Leadership And Worker Bees– Know Their Roles & Responsibilities– Don’t Be Afraid To Get Dirty With Them

• Actively Participate In Exercises– Play Exercises As Real As Possible– Play in Real Time

2005 2005 Multi-AgencyMulti-Agency Exercise Calendar Exercise Calendar JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

Military

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www.scd. Hawaii.gov

SCD Tsunami Exercise(Apr1)

SCD WMD ExerciseInternal (Date TBD)

SCD Tsunami ExerciseInternal (TBD)

SCD WMD ExerciseInternal (Jan 14)

Hawaii CountySNS Exercise (Apr 13)

Kauai Co. LEPCWMD/Hazmat TTX

(Oct 19)

As of: 3/8/05

Multi-AgencyExercise Scheduling

Conference (April 22)

Multi-AgencyExercise Scheduling

Conference (Oct TBD)

Pacific Blue DCE TTX (Apr 29-21)

93rd FTX / Kauai (Apr 11-15)

93rd FTX / Oahu (May 23 - 27)

MCBH Air Strip TTX (Mar 28-31)

HEICS TAMC TTX (Feb 8)

93rd FTX / Oahu (Oct 24-28)

Field Exercise Design Course Kauai Field Ex (Jul 26 - 29)

OCDA WMD TTXDesign Workshop

(Jun 1-3)

Agro-Terrorism Exercise (Aug 29-31)

Kauai Bio- TerrorismTTX (Jan 19)

HNL Airport Disaster Drill (Oct 19)

Lanai Airport DisasterDrill (Apr TBD)

Kapalua Airport DisasterDrill (May TBD)

Kona Airport Disaster Drill (Oct 6)

Hilo Airport DisasterDrill (May TBD)

93rd FTX / MAUI(Dec 5-9)

93rd FTX / Hawaii(Aug 8-12)

Northern EdgeExercise (Aug TBD)

Kauai County SNS Exercise (Apr 14)

JTF-HD Commex(Feb 23)

JTF-HD Commex(Jan 26)

JTF-HD Commex(Mar 30)

JRAC –HI Commex(Apr 27)

US&R FieldExercise (Nov TBD)

Makani Pahili HurricaneExercise (May 10-20)

HFD/EMS Exercise(May TBD)

OCDA WMD FullScale Exercise

(Sep 4)

93rd FTX / Oahu(Feb 21-25)

Hawaii Infectious Disease Full Scale Exercise

(Aug 1-5)

Kauai CountyBioterrorism TTX

(Jan 19)

US&R FieldExercise (Jun 24-25)

AG EM Coordinators

• Primary AG EM Coordinator– Backup (2+ Deep)

• AG Agency Legal EM Assignments– Backup (2+ Deep)– Subject matter drive representation needs– Critical if agency has ESF role

• Active in EM– Good Working Relationship with Client– Active with Client Agencies

• Contact Information

• AG EM Coordinator usually in direct contact with Agency EM Coordinator when issue appears.

• If legal issue cannot be immediately resolved:– AG EM Coordinator contacts Assigned DAG– DAG then attacks legal issue and communicates

with agency officials– Keeps AG EM Coordinator informed– Final resolution may be with AG CDC or DAG

Deputies with EM Functions

Have You Heard:

• NO WAY!

• Who, Me?

(followed by Not me!)

• It Can’t be Done!

• We can’t do that!

• We can’t afford it!

• There are penalties for doing that!

• It’s against the law!

http://projectimagination.bryce-alive.net/PI106_TheKnot/PI106_Index.html

UNIQUE PROBLEMS DO NOT ALWAYS REQUIRE UNIQUE SOLUTIONS

PROBLEMS?

• What Needs to be Done?

• What is Needed To Do It?

• What is Keeping It From Getting Done?– Personal– Internal– External– Legal

“DO, OR DO NOT, THERE IS NO TRY”

Yoda

• Do What Needs to be Done?

• Get What is Needed To Do It?

• Eliminate/Work Around What is Getting in the Way!– Personal—Deal with it, Get help, or get out of the way

– Internal—Rally your team, Change procedures, or eliminate the problem(s)

– External—Enlist Others with control or work around it

– Legal—We solve it or find legal solution to problem.

NOTHING IS IMPOSSIBLE!

• Should be Volunteers if Possible

• Will Do v. Can’t Do Attitude

Type of Person for EM Coordinator

Personal Preparedness

Personal Preparedness at Home• Home worries cripple Job duties

• Prepare Family

• Prepare Home

• Prepare Supplies

• Prepare Information

• Test, Train & Exercise– Techniques, Tactics, and Procedures

• Get Educated

• Get Trained

What Should I Do For Work?• Prepare at work just as at home

• You are a member of a team– Know your Job– Know your duty– Be prepared to do your job– Be prepared to do your duty– People’s lives may depend on you.

• Forget the position description

• Emergency Management Responsibilities?– Stay close to client EM Coordinator

• Get to know them personally

– Make sure contact info is current• Give to AG EM Coordinator

• Give to Client EM Coordinator

– Stay on top of news and look for potential legal issues involving client

– Keep supervisor/client informed

• Be vigilant• Be flexible

What Should I Do For Work?

Mahalo nui loa

Role of the AG in Preparing for and Responding to Public Health Emergencies

Mike VincentDeputy Attorney General

Hawaii Office of the Attorney General

Role of the AG in Preparing for and Responding to Public Health Emergencies