As the Blame Olympics have already begun, I took some time to check out Louisiana's fabled Civil Code to see exactly who has what powers in states of emergency. The law is the
"Louisiana Homeland Security and Emergency Assistance and Disaster Act."
-- skip to the flip --
The Governor of Louisiana is
primarily responsible for "meeting the dangers to the state and people presented by emergencies or disasters." The Governor is directed by law to create a state
Office of Homeland Security and Emergency Preparedness. The Office itself is
run by a director, or
Adjutant General appointed by the Governor, and any assistants or staff chosen by the Director. The Adjutant General commands the Lousiana National Guard. This Office is
responsible for preparing an emergency operations plan, with procedures for disaster response, coordination with local and federal governments, hurricane evacuation and other mitigation measures. Additionally, the Office is tasked to:
(1) Determine requirements of the state and its political subdivisions for food, clothing, and other necessities in the event of an emergency.
(2) Procure and pre-position supplies, medicines, materials, and equipment.
(3) Promulgate standards and requirements for local and interjurisdictional disaster plans.
(4) Periodically review local and interjurisdictional disaster plans.
(5) Provide for mobile support units.
(6) Assist political subdivisions, their homeland security and emergency preparedness agencies, and interjurisdictional homeland security and emergency preparedness agencies in establishing and operating training programs and programs of information.
(7) Make surveys of industries, resources, and facilities within the state, both public and private, as are necessary to carry out the purposes of this Chapter.
(8) Plan and make arrangements for the availability and use of any private facilities, services, and property and, if necessary and if in fact used, provide for payment for use under terms and conditions agreed upon.
(9) Establish a register of persons with types of training and skills important in homeland security and emergency mitigation, preparedness, response, and recovery.
(10) Establish a register of mobile and construction equipment and temporary housing available for use in a disaster emergency.
(11) Prepare, for issuance by the governor, executive orders, proclamations, and regulations as necessary or appropriate in coping with disasters or emergencies.
(12) Cooperate with the federal government and any public or private agency or entity in achieving any purpose of this Chapter and in implementing programs for disaster emergency mitigation, preparation, response, and recovery.
A Louisiana Parish President also has emergency powers, as provided in La Rev 29:727. Although these emergency powers are limited to his specific parish, and in no event authorize him to exercise any control over any state or federal agency, La Rev 29:728 provides that a Parish President serves as the director of the local office of homeland security and that:
The director of the parish office of homeland security and emergency preparedness shall have direct responsibility for the organization, administration, and operation of such local organization for homeland security and emergency preparedness subject to the direction and control of the parish president under the general direction and control of the governor and the state office of homeland security and emergency preparedness.
I have not seen any state level emergency preparedness plan, so I have no idea whether there were any protocols established for evacuating the poorest of the poor and the infirm in case of a levee disaster.
Finally, below the Federal Department of Homeland Security, below the Governor and the State DHS, below the Parish DHS, sits the Mayor of a municipality, who also retains emergency powers.. A Mayor has the following emergency powers:
(1) Suspending the provisions of any municipal regulatory ordinance prescribing the procedures for conduct of local business, or the orders, rules, or regulations of any municipal agency, if strict compliance with the provisions of any ordinance, order, rule, or regulation would in any way prevent, hinder, or delay necessary action in coping with the emergency.
(2) Utilizing all available resources of the municipality as reasonably necessary to cope with the emergency.
(3) Transferring the direction, personnel, or functions of municipal departments and agencies or units thereof for the purpose of performing or facilitating emergency services.
(4) Directing and compelling the evacuation of all or part of the population from any stricken or threatened area within the municipality if he deems this action necessary.
(5) Prescribing routes, modes of transportation, and destinations in connection with evacuation within the municipality.
(6) Controlling ingress and egress to and from the affected area, the movement of persons within the area, and the occupancy of premises therein.
(7) Suspending or limiting the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, and combustibles.
That being said, the Mayor's emergency powers are limited.
Nothing contained herein shall be construed to confer upon the mayor or chief executive officer any authority to control or direct the activities of any state or parish agency. When the disaster or emergency is beyond the capabilities of the local government, the mayor or chief executive officer shall request assistance from the state office of homeland security and emergency preparedness or the local office of homeland security and emergency preparedness.
How does it all come together? Through FEMA's December 2004 National Response Plan, an "all-discipline, all-hazards plan which establishes a single, comprehensive framework for management of domestic incidents" and "provides the structure and mechanisms for coordination of Federal support to state and local agencies." Formed after September 11, this National Response plan was designed to create "seamless" coordination between federal agencies as well as between Federal, State, and Local Entities.
I suggest you read it. Essentially, as I read it, the Mayor is responsible for establishing curfews, coordinating local resources, and communicating with the public, and generally maintaining order. Clearly, the Mayor was overwhelmed as his police force was busy performing search and rescue and his communication was severed. The Governor controls the State National Guard, coordinates state resources, and can negotiate mutual aid agreements with other states.
Presidential powers are provided and limited by the Stafford Act, 42 U.S.C. 502(a). In the event of a declared emergency, the President may direct federal agencies to utilize their resources <italic>in support of</italic> state and local efforts. However, when an emergency is an Incident of National Significance, which is a term of art meaning when it involves a great deal of damage or a significant number of casualties, it falls upon the Homeland Security Secretary (Chertoff) to "coordinate operations and resources." The plan continues and provides an alphabet soup of acronyms and flowcharts describing the all-hazards approach.
