The Legal Considerations Of The Emergency Manager

“(2) The emergency is of such a nature as to induce a well-grounded apprehension of death or serious bodily harm if the act is not done;” and

This paper is designed to show you the differences between the way conservatives and progressives view the federal role in emergency management. Furthermore, the advantages and disadvantages of each them. Also, we will discuss what you should expect as a practitioner of the profession on how to prepare yourself when you would like to switch from one to the other. Most importantly discuss the criteria of a natural disaster and how human and social perception factors inter play with each other. One question at hand is do we blame the victim? What does “blaming the victim” means? Is there any validity to this or not? Does this concept influence the way our society responds to disaster or any other event that may occur? These are some of

Katrina was a crisis primarily because of its scale and the mixture of challenges that it posed, not least the failure of the levees in New Orleans. Because of the novelty of a crisis, predetermined emergency plans and response behavior that may function quite well in dealing with routine emergencies are frequently grossly inadequate or even counterproductive. That proved true in New Orleans, for example, in terms of evacuation planning, law enforcement, rescue activities, sheltering, and provisions for the elderly and infirm.

Natural Disasters are very difficult to control and they most often create divided opinion among citizens of states. Authorities are always at crossroads with the citizens when trying to implement policies that are likely to force homeowners to evacuate when natural disaster is looming. Implementing forceful arrest and evacuation of people who are unwilling to leave during natural disasters is a good policy which will simply protect lives and valuable properties of victims. Since the aftermath of natural disasters cannot be predicted, it becomes necessary to evacuate, albeit, forcefully, as smaller potential natural disasters can turn

Many concerns and objections have been filed in opposition to the Department of Health (which includes Social Services, Fire and Emergency Management, and Human Services) administrator by departments, citizens, and so on. The City Manager has contracted me regarding: unethical practices, unprofessional leadership, poor fire and emergency response time, unethical practices, insufficient customer and patient care, and much more concerning various governmental departments and external stakeholders. In regards to the latest questions of the City Manager a thorough search into the accusations will be put into play. Supplementary to the issues already being presented, the school board have made concerns to the capability to conduct daily transactions.The school board has a collaborative association with an assortment of government departments and they have levied department directors with non fulfillment to work together on a number of efforts that will be revealed later within this report. This report will provide an underlying support for the City Manager to discourse and perform leadership techniques that outline the actions that should be carried out in order to prevail over the previously mentioned complaints.

Balancing the parameters of the Fourth Amendment1 can be a delicate matter. Search and seizure is an integral part of law enforcement; however, it must be handled to the letter of the law protecting the rights of all parties involved. According to the Emergency Doctrine2, probable cause3 in addition to exigent circumstances4 under Article 14.05 of the Code of Criminal Procedure may afford the police the authority to conduct a search without a warrant. The proper protocol for a Constitutional search and seizure will be dissected and interpreted regarding proper police management and intervention through the following example:

Local protective measure planning equips first responders with the knowledge needed to organize efficient response results in the event of an emergency. Structured open dialogue between local emergency jurisdictions enables responders to delegate the appropriate individuals and equipment resources to the impacted local areas requiring the most aid following a terror event. By establishing a streamlined communication framework, local emergency responders can collaborate their efforts and resources to promote collective well-being. When a local emergency plan specifies what responders and resources belong where and at what time, response overlap and shortages can be avoided. Unionized response action established prior to a terrorist incident, serves to mitigate the risks, hazards and threat of injury or harm the people and property of the US face when a terrorism event occurs. Furthermore, a structured local emergency operations plan for a hazardous materials incident involving a terrorist is imperative to public health and safety, as the blueprint outlines protective measures the public can follow to minimize their exposure to dangerous substances. The people of a community affected by a terror event can be warned and notified of the event’s associated dangerous materials, which threaten their well-being, through a variety of methods such as warning sirens or horns, emergency alert systems, automated

The various local, state, and federal emergency management systems of the United States suffered a crude awakening in the decade of the 2000s. Systems expected to hold up were put to the test and failed to prepare for disaster, mitigate the damage, and, in some instances, actually hampered responses in life-or-death situations. Worse, all failings were highlighted in an age of global communication and mass media, on display first whether a man-made incident like September 11th attacks or natural disaster like Hurricane Katrina. The decade found the complacent government failing to maintain modern emergency management practices, stimulating began a series of doctrinal upgrades and training improvements. Yet, no matter the bureaucracy, writings, or money thrown at a problem, the first responder to the incident has and will continue to influence the outcome. While the individual responder stands as the most important part of

This chapter provides an overview that describes the basic types of hazards threatening the United States and provides definitions for some basic terms such as hazards, emergencies, and disasters. The chapter also provides a brief history of emergency management in the federal government and a general description of the current emergency management system—including the basic functions performed by local emergency managers. The chapter concludes with a discussion of the all-hazards approach and its implications for local emergency management.

This is a review of Emergency Management: The American Experience 1900-2010 by Claire B. Rubin and Butler (2012), chapters 1 and 2. Emergency management at the federal level was nonexistent before 1950 when the Federal Disaster relief Act was passed. Disaster relief was the responsibility of state and volunteer agencies like the Red Cross. Several disasters paved the way for emergency management. The Galveston Hurricane of 1900, the San Frisco Earthquake of 1906, and the Great Influenza Pandemic of 1918 were the disasters that laid the foundation for the 1950 Federal Disaster relief Act (Butler, 2012, pg. 17).

There are many challenges that law enforcement agencies faces when it comes to enforcing public safety at the same time protect the rights of individuals. This paper will focus on several key topics involving the relationship between public safety and individual rights. The first topic is the statutory authority and responsibilities of government officials, security personnel, and private citizens. The next topic involves the practices or laws relating to search, seizures, and surveillance by police, corrections, private citizens, and security personnel. This paper will also compare the laws relating to the use of

Ethics of Emergencies “The Ethics of Emergencies” explains Ayn Rand’s radical and unique view of altruism. She believes that there are 4 consequences of altruism, all of which are negative. These, simply put, are lack of self-esteem, lack of respect for others, a pessimistic view of life, and an indifference to ethics. She says that altruism hinders acts of true benevolence, and instead people act out of an obligation to others that has been internalized over time. Rand then argues that one should only volunteer to help strangers in emergency situations, and even then, only when the risk to one’s own life is less than the risk to the stranger’s. Rand advocates action in such emergencies because of the high value of human life. But Rand

In “Wither the Emergency Manager,” Niel R. Britton comments on Drabek's “Human Responses to disaster: An Inventory of Sociological Findings.” Britton describes six positive and negative issues in emergency management as it is today. In this paper, we will discuss the implications on emergency management as a field and on the individual manager.

The burden of emergency management has grown great deal in the last few decades. We have seen an increase in natural disasters, a new threat of terrorism on our front door and an increase in manmade disasters. All of these have tested emergency management in a number of cities and towns across the nation. It is not always disasters that present problems for emergency managers. We have to look beyond our traditional view of emergency management of helping us during times of disasters and view what issues they consider may affect their emergency response. Issues that emergency management see that are moving into the critical area are issues of urbanization and hazard exposure, the rising costs of disaster recovery, and low priority of emergency management.

The purpose of this paper is to describe the legal considerations that an emergency manager must consider when conducting searches, seizures, and evacuation operations. The paper will address the following: