Posted on 09/12/2005 3:21:50 PM PDT by Shanaenae
FROM THE LOUISIANA MUNICIPAL ASSOCIATION OFFICIAL 2004 MUNICIPAL POLICY STATEMENTS... http://www.lamunis.org/POLICY2004.pdf
"Louisiana municipalities have become overly dependent upon the multitude of federal programs which provide financial assistance to local governments."
AND...
1.00 HOME RULE
"Every municipality should be allowed the broadest possible freedom of action in order to fulfill the purposes of self-government. The concept of home rule enables citizens to exercise control at the level of government which is most responsive to their wants and needs. The extension of home rule to municipal governments places the primary responsibility for governance upon the local governing body, which is composed of those persons most directly concerned with the welfare of the community. At the same time, the concept of home rule gives the Legislature greater freedom to focus their attention upon matters of statewide concern."
ALSO... http://www.lamunis.org/lcaatab3.htm
EMERGENCY ORDINANCES - LRS 33:405(D)(1) & (2)
"In cases of extraordinary emergencies, such as a natural disaster, civil disturbances, or other reasons as defined in LRS 42:6.1(5), the mayor or any alderman may call an emergency meeting of the board of aldermen. The members of the board and the mayor shall be notified of the meeting in the most practicable manner available, and the purpose of the meeting may be stated in general terms. Notice of the meeting shall be given through the process outlined in LRS 42:7. The board may adopt an ordinance in any emergency meeting that it has not previously considered. The ordinance shall:
1. Specify the nature of the emergency; and
2. A two-thirds vote of the members of the board shall be required for its adoption.
No emergency ordinance can continue in force for more than sixty days and any emergency ordinance that specifies a longer duration or no duration shall become void sixty days after it becomes effective.
It is imperative that all the requirements involved in enacting an ordinance as outlined in LRS 33:406 be followed. Failure to follow these procedures could cause the ordinance to be challenged and ruled null and void by a court of law. However, any ordinance which is enacted is considered effective unless it is challenged and a court rules otherwise."
TRICKLING UP THE FOOD CHAIN... http://www.ohsep.louisiana.gov/plans/PAadminplnannex0405.doc
Louisiana Office Of Homeland Security and Emergency Preparedness
Public Assistance Administrative Plan Annex
"OBTAINING FEMA / STATE FUNDING I. General Procedures Disaster Assistance
A. In order to become eligible for either Federal or State Public Assistance (PA) grants the following steps must be utilized:
1) Once a local Emergency Declaration has been adopted, and the magnitude of the disaster warrants a Presidential Declaration, a State Disaster Declaration request must be officially adopted and certified by the local governing entity, and forwarded to the Louisiana Office of Homeland Security and Emergency Preparedness (LHLS/EP). If the Parish does not meet the damage requirements established by the Federal Emergency Management Agency (FEMA), and if the Parish exceeds the minimum per capita loss (schedule enclosed), assistance may be requested at a 75% / 25% ratio.
2) In all cases, Local officials must be available to accompany state inspectors from LHLS/EP/Disaster Recovery (DR) Section when on sight inspections are accomplished in order to determine extent of the damages and to determine if the damages are beyond the State and local government capabilities to provide supplemental assistance. It is not anticipated that all occurrences will result in the requirement for assistance.
3) When all conditions are met and funds are made available by either FEMA or the State Interim Emergency Board (IEB), the Assistant Director, LHLS/EP may authorize the processing of request for the expenditure of state funds once the funds have been secured. Every action must be taken to insure the provisions of this plan are complied with and the specific funding requests are funded with assistance from either FEMA or the IEB.
4) All Project verification and Management forms utilized by FEMA for designated Presidential Disaster Declarations must also be completed when requesting assistance from the State. The State Disaster Package (SDP) must be certified and processed in accordance with the provisions established in this plan. All applicant expense records are subject to audit and must remain on file for a period of (3yr).
B. Management/Administration of Public Assistance Projects
The primary responsibility for managing approved public assistance projects rests with the applicant (subgrantee). However, to ensure that both the administration and management of projects follows both Federal and State guidelines, LHLS/EP/DR shall monitor work compliance and completion.
The subgrantee must maintain acceptable disbursement and accounting records to document and support the work performed along with the cost incurred on each approved project. Each project shall have a file folder containing schedules to document the amounts claimed. A four-digit project number will be assigned to each request. A Certification by the primary local official must accompany the request for assistance package."
FROM THE LA GOVERNOR'S OFFICE...
http://www.state.la.us/osr/other/mjf96-27.htm
EXECUTIVE ORDER MJF 96 - 27 Emergency Operations Center
SECTION 6: The primary and the support responsibilities for the emergency services of the various agencies, departments, offices, entities, or organizations, are as follows:
(This is a summation of assignments, all listed have primary responsibility for given assignment)
SHELTER OPERATIONS: Department of Social Services
SEARCH AND RESCUE: Dept of Wildlife and Fisheries
MASS FEEDING: Department of Corrections
DONATED GOODS: Volunteer Organizations
TRAFFIC CONTROL/ EVACUATION: Office of State Police
TRANSPORTATION: LA National Guard
WATERSHED PROTECTION: LA Ofc of Emergency Preparedness
FINALLY, FROM UNCLE SAM... http://www.ohsep.louisiana.gov/plans/frp2003.pdf
"The Federal Response Plan (FRP) describes the mechanism and structure by which the Federal Government mobilizes resources and conducts activities to address the consequences of any major disaster or emergency that overwhelms the capabilities of State and local governments. Federal assistance is available under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as well as individual agency authorities, to save lives; protect public health, safety, and property; alleviate damage and hardship; and reduce future vulnerability." AND...
"A. Authorities
1. Under the Stafford Act, a Governor may request the President to declare a major disaster or an emergency if an event is beyond the combined response capabilities of the State and affected local governments. Based on the findings of a joint Federal-State-local Preliminary Damage Assessment (PDA) indicating the damages are of sufficient severity and magnitude to warrant assistance under the Act, the President may grant a major disaster or emergency declaration. (Note: In a particularly fast-moving or clearly devastating disaster, the PDA process may be deferred until after the declaration.)
2. If an emergency involves an area or facility for which the Federal Government exer-cises exclusive or primary responsibility and authority, the President may unilaterally direct the provision of emergency assistance under the Stafford Act. The Governor of the affected State will be consulted if possible.
3. No direct Federal assistance is authorized prior to a Presidential declaration. However, DHS can use limited predeclaration authorities to move Initial Response Resources (IRR) (critical goods typically needed in the immediate aftermath of a disaster (e.g., food, water, emergency generators) and emergency teams closer to potentially affected areas. DHS also can activate essential command and control structures to lessen or avert the effects of a disaster and to improve the timeliness of disaster operations. Additionally, when an incident poses a threat to life and property that cannot be effectively dealt with by the State or local governments, DHS may request the Department of Defense (DOD) to use its resources prior to a declaration to perform any emergency work essential for the preservation of life and property under the Stafford Act.
4. Following a declaration, the President may direct any Federal agency to use its authorities and resources in support of State and local assistance efforts to the extent that provision of the support does not conflict with other agency emergency missions. This authority has been further delegated to the Secretary of DHS; the DHS Regional Director; and the Federal Coordinating Officer (FCO).
5. The Secretary of DHS, on behalf of the President, appoints an FCO, who is responsible for coordinating the timely delivery of Federal disaster assistance to the affected State, local governments, and disaster victims. In many cases, the FCO also serves as the Disaster Recovery Manager (DRM) to administer the financial aspects of assistance authorized under the Stafford Act. The FCO works closely with the State Coordinating Officer (SCO), appointed by the Governor to oversee disaster operations for the State, and the Governors Authorized Representative (GAR), empowered by the Governor to execute all necessary documents for disaster assistance on behalf of the State." January 2003 Basic Plan 7
and just for the FEMA bashers...
"While performing a function under the authority of the Stafford Act, a Federal agency or designated employee of a Federal agency is not liable for any claim based on the exercise or performance of or the failure to exercise or perform that function."
Bump for later reading..
Welcome to Free Republic.
Welcome to FR.
bookmark bump
Just for us, or reproduced for us from a PoliSci class?
Darn good for a newbie! Welcome to FR.
Welcome to Free Republic and bump!
Hey, Lepton, how are ya?
Oh, and bump
INTSUM
"Sorry about the length...that was my Poli Sci lesson for ya'all today.
Just for us, or reproduced for us from a PoliSci class?"- Lepton
NOPE, that was just for ya'all. I have way too much time on my hands these days.
Thanks to everyone for your warm welcome and your patience while I get my feet wet. Shan
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