I assume there would be legal liability issues for unlicensed drivers. There's always a lawyer lurking somewhere. I assume there would be legal liability issues for unlicensed drivers. There's always a lawyer lurking somewhere.
During an emergency, there is a "Good Samaritan" law which protects people from liability if they are in the process of saving a person's life. Otherwise, no one would assist in an emergency for fear of being sued. Don't you think such a law would apply in this case, esp. if special dispensation was granted by the mayor or the governor?
I am the Freeper who sent the email to the New Orleans Public Schools and got a response. The thread is here:
http://www.freerepublic.com/focus/f-news/1480370/posts
Meeting Minutes
June 9, 2005
Present:
Mrs. Heidi Daniels, Mrs. Cynthia Cade, Mr. Jimmy Fahrenoltz,
Mrs. Lourdes Moran, Mrs. Una Anderson, Mr. Torin Sanders
Absent: *Mrs. Phyllis Landrieu (Arrived later and participated thereafter)
Present:
Dr. Ora Watson, Assistant Deputy Superintendent
Dr. Anita P. Dumas, Executive Director of Board Operations
Ms. Regina Bartholomew, Interim General Counsel
Hurricane Preparedness
Ms. Bartholomew: President Sanders indicated that he wanted this on the agenda because of the Hurricane season. Last year when schools needed to be closed, department heads were unclear because a lot of our school records are still in paper format and not in electronic format. So they didn't know the proper procedure to follow with maintaining records. In addition, President Sanders also indicated that the City would like us to work with them. If a hurricane should come to the City in order to save the school buses, those assets, the City had asked if we would loan the school buses to be utilized for those persons in New Orleans. A lot of the citizens of New Orleans do not have transportation and have no way of evacuating from the City if a hurricane should come this way. He had been talking with Dr. Kevin Stephens from the Health Department because the Red Cross said that they would not commit to opening any shelters in the City of New Orleans if a hurricane comes this way. It would be all for naught.
They wanted to utilize school buses in order to transport those persons out of the City. I believe that the City had agreed to indemnify and hold harmless the School Board if any of those persons got hurt on the buses because that was one of my concerns. But after speaking with Ms. Bowers, who had spoken with certain persons at the City as well, they indicated they would release us of any liability. He wanted the Board to be aware of what the City is doing with hurricane preparedness and I guess initiate the proceeding for the Administration to start taking steps now before we get on the door steps of a hurricane. How are we going to preserve students records? If you cannot come back to the City, the children will need those records to go into new schools in other States or other Parishes. She is here now; he can speak to it.
Mr. Sanders: I first noticed that this current policy, 3651R, a 16 page policy, looks like it was drafted in July 1989. I don't know if it has been reviewed since 1989 but it probably could withstand review on that sake along. It has a lot of titles in here Committee of the Whole Meeting Minutes June 9, 2005 12 in terms of people in positions and I wonder if those same titles and positions are still operable. The larger issue is not with the records and that is a major issue.
The children are even more important in terms of making sure they are safe. We know many of our children and families don't have transportation and even though it is a City responsibility to plan for emergencies and hurricane preparedness, we need to look at working even more cooperatively or seeking a more cooperative relationship with the City on behalf of the students that we serve. I did talk with Dr. Kevin Stephens in the Health Department of the City. It is our interest to get buses and other vehicles that we may own out of the City in the event it is being evacuated. So those buses should not be empty. It was also his suggestion and call that they should be filled with families and children that may need a ride out of City and may perhaps designate certain high schools in different neighborhoods as staging grounds for families to go to should the need arise for an evacuation. The City is working on arrangements with different Civic Centers in Houma and depending on where the hurricane is coming from, where we need to go. They are making arrangements with institutions in those areas such as Baton Rouge, Mississippi, or Hammond to wait out the hurricane. I just wanted to bring that to your attention.
In the last two years we had evacuations and with this season it is predicted to be another big one. With last year's storm, Mr. Jerome Smith over in the Treme' area said there were a lot kids who were just stuck there. They were going to break into or were willing to get in one of our schools in order to be safe. We completely understand. I informed him that a school would not have been a good place to be if a hurricane did come. Only about four or five of our schools would really withstand a category three or higher hurricane. Using our schools as shelters is really not an option. Getting out of the City is the best option.
We need to find ways to facilitate that for the kids we serve. Even though it is not our primary responsibility, as such, we need to facilitate those relationships.
Mrs. Landrieu: I just wanted to remind you that if we are going to include buses, which are not part of this plan, then we need to include the personnel and communication with personnel.
Ms. Bowers: We have been meeting with City entities about the hurricane preparedness and we have talked to them about our buses. We still have not defined how many they want. They have agreed to indemnify the School Board for using the buses. They said if our bus drivers volunteer then they will make arrangements to take the families of the bus drivers and offer them secure places. They are talking about having City Officers on buses also. There is a good bit of planning that is underway. Benita Cochran and the head of transportation and the head of Security have been participating in these meetings, too. We are trying to stay on top it. This does need review. Ms. Cochran is reviewing the Facilities plan.
Mrs. Landrieu: Ms. Bowers, please also include in here fuel preparations.
Ms. Bowers: Okay.
Mr. Sanders: Is there a committee within our school system that will revise the policy? For this month's meeting, will we be able to have a revised policy?
Ms. Bowers: Yes.
Mrs. Anderson: I acceptably agree that human life is first but the data is important. Who do we ask? Do we ask the Superintendent to ask IT to look at the issue of preserving data and is that being looked at already?
Dr. Watson: Not to the extent that it probably should. All of our SASE and student data is within the Technology so that is safe. But some of the written documents in the schools, the older documents, need to be protected. But all grades, all enrollment, all health records are completely being taken care of by the Technology Department. We do have things like books and other things that would be perishable in the schools. We do our best to make them safe in the event of a hurricane. I do want to assure you that the School District has worked with the City and worked with other entities within the community over the years when we are facing a hurricane. But we have always volunteered the use of our buses to evacuate citizens.
Mrs. Cade: I know that this policy is a little out dated. As the Chair of the Policy Committee, I will be getting with my Policy Committee, so that we can go through it and update it. Even in it's present state, I would like to request that the Administration go over with your staff. All staff personnel should become knowledgeable of what the policy and procedures are.
Dr. Watson: We will.
Pardon me for horning in on your thread Mr. President, 8-)
But screw the liability on the buses. They should have said the hell with getting sued and put anyone with a driver's license behind the wheel and said pick up some people.
They would have done so.
Every bus that would start should have been used.
Have a wonderful weekend. 8-)