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Emergency Preparedness
and Response
GLOSSARY
Disaster A
situation resulting in loss of life, property damage, and/or a threat
to public health and safety.
Emergency A situation
that may result in loss of life, property damage, and/or
a threat to public health and safety.
Emergency management assistance
compact A formal interstate agreement defining how
and under what conditions states will aid one another during a disaster
or emergency.
First responders The
first people sent to a disaster or emergency site—e.g., firefighters,
emergency medical personnel, local law enforcement.
Mutual aid compact A
contract between two or more units of government setting out payment,
liability protection, and rules for police, fire, or other public
personnel in the event of an emergency or disaster.
Weapon of mass destruction (WMD)
Usually, a weapon containing a nuclear, biological (e.g.,
anthrax, smallpox, salmonella) or chemical (e.g., nerve agent) payload,
but some agencies use a broader definition: For example, the FBI
considers the 1995 Oklahoma City bombing to be a WMD attack due
to the amount of conventional explosives used and the resulting
harm to life and property.
BACKGROUND
[APRIL 1, 2002] Most people's idea of civil emergency
preparedness and response is demarcated sharply by September 11,
2001. Before that, a “disaster” usually meant a flood,
tornado, or other natural event after which the affected towns and
counties need additional help to tend to the needs of local residents
and businesses. Since September 11 and the delivery of anthrax-tainted
mail during the following two months, we have become acutely aware
that a disaster may be caused by humans as well as nature. This
awareness has shone a bright light on how government is and should
be prepared to respond to all calamities, from a storm to a train
derailment to a biological attack. Michigan is served by its Emergency
Management Act, enacted in 1976, and a number of task forces, teams,
and other bodies charged with protecting state residents and infrastructure.
In Michigan law, emergency and disaster are precisely
defined, but in practice the former has to do with the potential
for harm and the latter with actual harm having been
done. Almost every year a number of situations are declared by the
chief executive to be an emergency or disaster. Since January 1,
2000, situations in Michigan have been the subject of five gubernatorial
and two presidential declarations.1
Emergency Response in Michigan
When there is an emergency or disaster in Michigan,
it is likely that among the first people on the scene (first responders)
will be local law-enforcement or public-safety personnel. [Hereafter,
for simplicity, “emergency” should be read as meaning
either emergency or disaster.] Working through the local chain of
command, responders may request additional resources from other
government units with which the affected local government has a
mutual aid compact. A mutual aid compact is a binding agreement
among local units of government that sets out payment, liability
protection, and rules for police, fire, or other public personnel
responding to an emergency in the jurisdiction of another compact
member. Without such an agreement, law-enforcement and other public-safety
personnel who respond outside of their jurisdiction may lack authority
to offer assistance and may be unprotected from liability.
Local personnel also may contact their county's emergency-management
coordinator. Every Michigan county and all municipalities with 25,000
or more residents are required by state law to have an emergency
coordinator. (It is optional for smaller municipalities.) When a
local official declares a state of emergency and asks for state
assistance, the formal request is transmitted from the county's
emergency coordinator to the Emergency Management Division (EMD)
of the Michigan State Police (MSP). The EMD is the lead emergency
agency in Michigan and is responsible for
- coordinating local, state, and federal emergency-management
activities;
- preparing and maintaining the Michigan Emergency
Management Plan;
- proposing and administering a statewide mutual
aid compact;
- providing and maintaining the state Emergency Operations
Center;
- issuing rules and establishing standards for emergency-training
programs; and
- preparing recommendations to the governor for executive
orders, proclamations, and regulations in times of emergency.
The state director of emergency management (MSP director),
working with the EMD commander (MSP deputy director), has the power
to
- direct state disaster-relief forces;
- administer state and federal disaster-relief funds
and money;
- make recommendations to the governor;
- assign general missions to the National Guard or
state defense force to assist with relief operations; and
- receive and investigate requests for assistance
from local governments.
Together, the EMD and State Police heads determine
whether a state of emergency exists in the requesting locality.
Depending on the nature, scope, and magnitude of the event, the
EMD may recommend to the governor that s/he declare a state of emergency
because local resources have been exhausted. A gubernatorial declaration
permits the governor to assume certain extra powers with regard
to the emergency area for up to 28 days, including the authority
to
- issue executive orders, proclamations, and directives
having the force of law;
- seek and accept federal assistance;
- suspend a regulatory statute, order, or rule;
- commandeer or use private property; and
- direct mandatory evacuations and control access
to the emergency site.
The nature of the event determines which state or
federal agency has the primary responsibility to respond. In the
event of a forest fire, for example, the Michigan Department of
Natural Resources is the primary agency, while the response to an
oil spill on the Great Lakes would be led by the U.S. Coast Guard.
The assignment of primary and supporting roles for a wide range
of emergencies is set out in the Michigan Hazard Analysis
framework and other state and federal planning documents.
Considerable Michigan legislative activity followed
the September 11 attacks. Among the first laws enacted were Public
Acts 247 and 248 of 2001, making Michigan a member of the national
Emergency Management Assistance Compact. The compact establishes
procedures whereby member states may request training and emergency
assistance from the compact and provides for (1) command and control
of responding personnel and (2) limited liability immunity for personnel
rendering assistance in another state. Michigan, which had been
planning to join the compact prior to the September 11 attacks,
became the 43d signatory. In addition to this step, the State Police,
attorney general, secretary of state, and legislative leaders reached
agreement on various other anti-terrorism measures to be introduced
as legislation. In total, 46 bills were introduced, 34 of which
have been enacted as of this writing (see the
exhibit); the remainder still are under consideration.
Michigan's Statewide and Regional Emergency
Response Resources
- Michigan National Guard Civil Support Team This
group—officially a Military Support Detachment/Rapid Assessment
and Initial Detection (MSD/RAID) team—is a 22-member group
of National Guard troops who have specialized training and equipment
enabling them to respond to attacks involving weapons of mass
destruction (WMDs). Until November 15, 2001, Michigan's team was
a “light” team—that is, it comprised part-time
guard members; the nearest “heavy” (full-time) team
was located in Peoria, Illinois. On that date, the U.S. Department
of Defense authorized a full-time team to be deployed in Michigan,
bringing the total number of national teams to 32. The Michigan
team expects to be certified in late 2002, after each member completes
more than 650 hours of training from the Michigan State Police,
U.S. departments of Defense and Energy, and U.S. Environmental
Protection Agency. The team will be located at Fort Custer (near
the Battle Creek Air National Guard base).
- Michigan Hazardous Materials Training Center Operated
by the State Police, the center provides hazardous-materials training
to public and private responders. The center was created in 1991
with private-sector donations and is located adjacent to the Michigan
State Police Training Academy, in Lansing. Courses include such
topics as confined-space rescue, monitoring and sampling hazardous
materials, and terrorism-incident planning and response.
- Michigan Urban Search and Rescue Team (MUSAR) This
is a privately funded team of skilled responders from the State
Police and local law-enforcement, public-safety, and private-sector
organizations. The team, comprising members from across the state,
consists of four specialty groups: search, rescue, technical,
and medical. The Federal Emergency Management Agency (FEMA) has
a national network of 28 urban search and rescue teams nationally,
and MUSAR is pursuing such certification. Currently, the nearest
FEMA search and rescue teams are located in Ohio and Indiana.
- Michigan Regional Response Team Network This
is a network of 12 teams throughout the state that are composed
of local police, fire, and medical agencies. Teams may use MUSAR
resources as well as local and state bomb squads. The teams can
respond within two hours to a situation involving a weapon of
mass destruction anywhere in the state.
- Michigan Homeland Security Task Force The
task force was established as the Michigan Terrorism Task Force
in 1996 in the wake of the World Trade Center and Oklahoma City
bombings. Its purpose is to facilitate information sharing among
agencies about Michigan's domestic anti-terrorism preparedness.
The task force was renamed in 2002 and is composed of 18 officials
from federal, state, and local agencies. Federal agencies represented
are the Department of Defense, Environmental Protection Agency,
Public Health Service, and Federal Bureau of Investigation. State
agencies represented are the State Police, National Guard, and
departments of Agriculture, Community Health, Environmental Quality,
and Natural Resources. Local government is represented by law-enforcement
officials. The task force meets quarterly and is chaired by the
Michigan State Police.
DISCUSSION
The horrific events of late 2001 raised the priority
of emergency management and preparedness nationwide. In Michigan,
policymakers undertook a review of the state's emergency-management
plans and are addressing the changes needed and the challenges in
implementing them.
Preparedness Drills
First-responder training is a key component of many
of the emergency-preparedness and response plans at all government
levels. But even with billions of promised federal dollars, states
and local governments cannot train all potential first responders
for all potential situations. Large-scale drills—in which units
of government respond to a disaster complete with volunteer “casualties”—are
an excellent way to train responders, but they also are expensive.
Less costly but effective are such smaller-scale exercises as “What
if . . .?” discussions and analysis/study of other localities'
responses to various situations. The “Dark Winter” exercise
(in mid-2001), in which a mock smallpox outbreak was responded to,
provided both direct training for the many federal officials involved
and indirect training for the state and local responders nationwide
who now are studying the exercise.
Preparedness is only as good as the information available
to those who must respond. For example, during the anthrax attack
in October 2001, medical professionals at first did not know that
anthrax spores could be made finely enough to pass through the microscopic
pores in envelopes, and the public health system was ill-prepared
to simultaneously test a large number of samples, conduct an epidemiological
investigation, meet inoculation demands, and assist the FBI with
its criminal investigation.
In Michigan, a number of preparedness drills are coordinated
by the Michigan State Police each year, and the Michigan National
Guard participates in the MSP drills and also conducts its own for
guard forces. In recent years, drills have pertained to nuclear-power-plant
accidents/disasters, terrorist attacks, use or threatened use of
a weapon of mass destruction, civil unrest, airplane crashes, and
biological outbreaks (e.g., foot and mouth disease). Preparedness
drills may involve one or several local, state, and federal agencies;
formats include discussions, classroom training, “tabletop”
scenarios (wherein the command structure responds as if the event
were occurring), or simulated incidents.
Budget Battles: Distribution and Disbursement
In 2002 the president requested nearly $38 billion
for new homeland defense activities focusing on four key areas:
preparation for bioterrorism, emergency response, airport and border
security, and improved intelligence gathering and information sharing.
In Michigan, the governor's 2002–03 budget proposes $9.5 million
to strengthen the state's public health infrastructure and $60 million
in bonding for airport security improvements. Michigan will receive
millions more in federal homeland defense funds.
Federal/state policymakers face politically charged
questions about how the money shall be allocated. Should enhanced
protection, training, equipment, and supplies be provided equally
to all states/counties? To the more populous states/counties? To
states/counties that are home to high-profile targets? To statewide
teams that can be deployed rapidly to any county?
How the money shall be channeled is another question.
Supporters of channeling all monies to local governments through
the EMD assert that it would permit the agency to coordinate training
and resources and assure appropriate coverage statewide. Most FEMA
dollars currently are administered in Michigan by the EMD, but this
is not the case with other anti-terrorism money. The Michigan Department
of Community Health recently was notified that it will receive more
than $30 million from the Federal Centers for Disease Control to
strengthen the department's bioterrorism preparedness. Some anti-terrorism
funding goes directly to local units of government via Justice Department
grants, and while this allows for flexibility in seeking funding
to meet local priorities, it also can mean overlapping or duplicate
services. Monies sought and received directly by local governments
and agencies could result, for example, in two similar-sized cities
receiving (1) vastly different grants as a result of Congressional
pressure and/or grant-writing prowess or (2) grants with which they
purchase equipment that is incompatible with that used elsewhere
in Michigan (e.g., emergency radios using different frequencies).
Interagency Communication
The events of September 11 revealed that there was
inadequate communication among and within U.S. immigration, intelligence,
and law-enforcement agencies. In many cases, one federal agency
had information that was not passed to others that could have acted
on it. Protecting national borders, an important issue in Michigan,
is an area in which interagency communications are important but
complicated: Responsibility falls to the U.S. Coast Guard, Customs
Service, and Immigration and Naturalization Service, and to various
state agencies—in Michigan, the National Guard, local police
and sheriffs, State Police, and Michigan Department of Transportation.
Policymakers and law-enforcement officials must jointly define,
monitor, and adjust organization structures to ensure that all partners
share all relevant information at all times. In Michigan, this coordination
is being managed by the EMD and the Homeland Security Task Force
in conjunction with federal anti-terrorism task forces directed
by the U.S. attorneys' offices.
Changes to Michigan
Laws
Even before September 11, the Michigan emergency-management
command structure was considering needed changes in the guiding
document, the Michigan Emergency Management Act (P.A. 390 of 1976).
For example, the act gave the governor emergency powers for up to
14 days unless the period were extended by the legislature, but
it did not specify how the legislature shall grant an extension.
As mentioned, following September 11, Michigan legislative
and executive branch leaders developed 46 bills that they believe
are necessary to improve Michigan's security. The 34 that have been
enacted as of this writing include an extension of the governor's
emergency powers to 28 days and establishment of a process by which
the legislature may further extend the duration.
One challenge for policymakers was to sort out which
of the many proposals were adequate and appropriate responses and
which marked an unacceptable intrusion into individual liberty.
One issue that remains particularly contentious is expanded wiretap
authority (this was not part of the 46-bill package but received
attention during its deliberation). Expansion supporters believe
that authorizing state and local law enforcement to conduct wiretaps
will increase the effectiveness of investigation and prosecution
of major crimes, including terrorism, abduction, computer crime,
and crime involving children and computers. In addition, supporters
point out that wiretaps must receive advance approval by multiple
law-enforcement and judicial entities. Opponents argue that the
expanded wiretapping authority will lead to abuses and threaten
personal liberties, and they point to the extremely high cost of
wiretaps (the House Legislative Analysis Section reports an average
exceeding $54,000).
U.S. Office of Homeland
Security
Another question for emergency management in Michigan
is how the new federal Office of Homeland Security will interact
with and affect Michigan's emergency-management agencies and plans.
The mission of the federal office is to “develop and coordinate
the implementation of a comprehensive national strategy to secure
the United States from terrorist threats or attacks.” How
effective this office will be at integrating disparate agendas,
gathering and controlling funding, and getting buy-in from local,
state, and federal partners is a question that concerns the emergency-preparedness
community at every level of government.
As of this writing, it is unclear both how much of
the $38 billion in federal homeland defense monies will make its
way to Michigan and which agency or agencies in the state will be
in charge of disbursing it. Adding to the confusion is that the
federal office is not expected to distribute funding directly. Rather,
it will distribute it through other federal agencies (e.g., the
departments of Justice, Agriculture, Energy). As is the case with
existing emergency-preparedness dollars, Michigan policymakers will
face distribution and disbursement questions: How shall the money
be allocated, and which agency will control distribution?
See also Privacy.
FOR ADDITIONAL INFORMATION
ANSER Institute for Homeland Security
2900 South Quincy Street, Suite 800
Arlington, VA 22206
(703) 416-2000
(703) 416-3343 FAX
www.homelandsecurity.org
Emergency Management Division
Michigan State Police
4000 Collins Road
Lansing, MI 48909
(517) 336-6198
(517) 333-4987 FAX
www.michigan.gov/msp
Federal Emergency Management Agency
500 C Street, S.W.
Washington, DC 20472
(202) 646-4600
(202) 646-4086 FAX
www.fema.gov
Michigan Association of Chiefs of Police
2133 University Park Drive, Suite 200
Okemos, MI 48864
(517) 349-9420
(517) 349-5823 FAX
www.michiganpolicechiefs.org
Michigan State Police
714 South Harrison Road
East Lansing, MI 48823
(517) 332-2521
www.michigan.gov/msp
National Emergency Management Association
Council of State Governments
P.O. Box 11910
Lexington, KY 40578
(859) 244-8000
(859) 859-8001 FAX
www.nemaweb.org
Office of Homeland Security
The White House
1600 Pennsylvania Avenue
Washington, DC 20502
(202) 456-1414
(202) 456-2461 FAX
www.whitehouse.gov/homeland
1Gubernatorial declarations: heavy snow
in Emmet County; severe winds in Kalamazoo County; flooding in Genesee
County; urban flooding in Wayne County; gasoline pipeline rupture
in Jackson County. Presidential declarations: urban flooding in
Wayne/Oakland counties; blizzard in 39 counties.
CONTENT CURRENT AS OF APRIL 1,
2002
© 2002 Public
Sector Consultants, Inc.
Sponsored by the Michigan Nonprofit Association and the Council
of Michigan Foundations
www.michiganinbrief.org
 
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