Appendix 11 - Legal Assistance

Appendix 11 – Legal Assistance

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MISSION

To provide proper and timely legal guidance to government officials in an emergency or disaster situation.

ORGANIZATION

The City/County (and/or Commonwealth) Attorney will assist City/County government officials and departments, and JMU by the University Legal Services team, to ensure that actions taken during an emergency/disaster situation will comply with the appropriate Federal, State, and local laws, regulations, and policies.

CONCEPT OF OPERATIONS

In the event of an emergency, the Director and Coordinator of Emergency Management will be taking, as well as authorizing, a variety of actions under their emergency authority to respond to and recover from the emergency/disaster. Laws, regulations, and policies that government follows and complies with every day may have to be temporarily suspended in order to effectively address the situation at hand. Government’s exposure to potential liability issues is greatly enhanced in this situation. To avoid or mitigate against potential liability issues, government officials must be clear on the parameters of their emergency authorities to them under the law.

During an emergency or disaster situation, the City/County/University Attorney will be stationed in the EOC if requested, to provide the necessary legal assistance to officials and staff in identifying, defining, as well as resolving any legal issue that may surface during any phase of emergency operations.

All government staff will consult with the City/County/University Attorney regarding any legal issue that may arise in the course of executing their responsibilities under the plan. Legal assistance may include but not be limited to, such actions as defining emergency authorities, identifying and resolving potential liability issues, interpreting laws, regulations, and policies, preparing new ordinances and regulations, and developing and reviewing contracts.

EMERGENCY MANAGEMENT ACTIONS – LEGAL ASSISTANCE

1. Normal Operations

a. Review local, state, and federal emergency laws, regulations, and policies and identify potential issues that may surface during emergency operations.

b. Advise government officials and staff of potential legal issues that may arise during emergency operations and provide guidance as to how these issues may be addressed.

2. Increased Readiness

A natural or man-made disaster is threatening the local area.

a. Review local, state, and federal disaster laws.

b. Inform departments of the procedures to follow in requesting legal assistance.

3. Response

a. Implement and advise government officials of their emergency authorities under the law.

b. Provide legal assistance and guidance to government officials and staff as necessary.

c. Consult with state and federal authorities as required.

4. Recovery

a. Continue to provide legal assistance to government officials and staff.

b. Continue to consult with state and federal authorities as required.

CRIME VICTIMS

“In the event of an emergency when there are crime victims involved as defined by §19.2-11.01 of the Code of Virginia the City of Harrisonburg, Rockingham County, and James Madison University will contact the Virginia Department of Virginia Criminal Justice Services(DCJS) and the Virginia Criminal Injuries Contact Fund(VCICF) to deploy.   Both entities will serve as the lead for coordinating services and assistance to the victims.”

Virginia Victim Fund (VVF)/Criminal Injury Compensation Fund

Cathy Day

(804) 774-4137

After Hours Cell: (804) 840-4802

Cathy.Day@virginiavictimsfund.org

Virginia Department of Criminal Justices Services

Julia Fuller-Wilson, Violence Against Women Program Administrator and State Crisis Response Coordinator

Victims Services, Division of Programs and Services

Virginia Department of Criminal Justice Services

1100 Bank Street, Richmond, VA 23219

(804) 371-0386   F: (804) 786-3414 

Crisis Response Emergency Cell: (804) 840-4276

julia.fuller-wilson@dcjs.virginia.gov

Link:  http://www.dcjs.virginia.gov/research/reportemergency/

“The plan shall include, but not be limited to, responsibilities of all local agencies and shall establish a chain of command, and a provision that the Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be contacted immediately to deploy assistance in the event of an emergency as defined in the emergency response plan when there are victims as defined in § 19.2-11.01. The Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund shall be the lead coordinating agencies for those individuals determined to be victims, and the plan shall also contain current contact information for both agencies.”

As a reminder, VDEM policy directs an institution to channel requests for state resources through the local government’s EOC.