In Florida, my understanding is that FEMA reimbursement is triggered by the County’s declaration of emergency and that the municipality need not declare to be eligible for FEMA.

Alison L. Dawley, B.C.S.
City Attorney
City of Melbourne
900 East Strawbridge Avenue
Melbourne, Florida 32901
Phone 321-608-7241

Specialist in City, County and Local Government Law

From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Petria Bengoechea
Sent: Friday, March 20, 2020 10:14 AM
To: Chris Balch chris@balchlawgroup.com; Laylah Smith lsmith@gnrc.org; Karen White kwhite@lma.org; Amanda Stanley astanley@lkm.org
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

I believe this is only true if you declare a local state of emergency, but maybe someone else can chime in?

Petria Bengoechea

City Attorney
City of Alamogordo
1376 E. 9th St | Alamogordo, NM 88310
Office: 575.439.4210 | Cell: 575.430.0346

“You have to do the right thing. You may never know what results come from your action, but if you do nothing, there will be no result.” – Gandhi

[cid:image001.png@01D5FEA2.81DED880]      [cid:image002.png@01D5FEA2.81DED880]

The preceding message (including attachments) constitutes a confidential attorney-client privileged document, or is otherwise a confidential communication from the Office of the City Attorney that is covered by the Electronic Communications Privacy Act, 13 U.S.C. Section 2510-2521 and is intended solely for the use of the individual(s) or entity to whom it is addressed.  It is not intended for transmission to or receipt by any unauthorized person.  If you are not the intended recipient or you received these documents by mistake or error, please do not read it and immediately notify us by telephone (575) 439-4210 for instruction on its destruction or return.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, action or reliance upon the contents of the document is strictly prohibited.

THINK BEFORE YOU SEND: New Mexico law requires government agencies to disclose to the public, upon request, most written communications, including those in electronic form.  Persons communicating with City employees should expect that any communications could be released to the public and that this disclosure could include the email addresses of those communicating with City employees.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chris Balch
Sent: Friday, March 20, 2020 8:01 AM
To: Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Isn’t government eligible for reimbursement of disaster related expenses via FEMA?

Best,
--Chris

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> on behalf of Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>
Date: Friday, March 20, 2020 at 9:43 AM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>, Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: "disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org" <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Thank you all so much for this information.  It has been so helpful.

LAYLAH SMITH, GNRC
o: 615-880-3519
c: 615-579-1600

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Thursday, March 19, 2020 3:20 PM
To: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

That is accurate and confirmed by NLC.  There is a push to change it, but not likely.
KDW
Get Outlook for Androidhttps://aka.ms/ghei36

From: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Sent: Thursday, March 19, 2020 3:14:46 PM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>
Cc: Christopher J. Petrini <cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I’m reading the version passed by the Senate. My understanding is that government will not be reimbursed per Section 7001(e)(4) and Section 7003(e)(4).

Thoughts?

Amanda
Sent from my iPhone

On Mar 19, 2020, at 2:10 PM, Karen White <kwhite@lma.orgmailto:kwhite@lma.org> wrote:

It has been signed by the President and I pulled the summary from the enacted text based on the best of my ability, but I have no pride in someone looking over and making sure it’s spot on.

<image001.jpg>

Karen Day White

Executive Counsel

Louisiana Municipal Association

700 N. 10th Street, Suite 400

Baton Rouge, LA  70802

Telephone:  (225) 332-7670

Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Christopher J. Petrini
Sent: Thursday, March 19, 2020 1:30 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Please confirm whether H.R. 6201 as helpfully summarized by Karen White (thank you Karen!) has been approved by the Senate and signed by the President, and is thus law, and that this summary accurately reflects the enacted version. Thank you.

Christopher J. Petrini
Petrini & Associates, P.C.
372 Union Avenue
Framingham, MA 01702
Tel. (508) 665-4310
Fax (508) 665-4313

cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com

www.petrinilaw.comhttp://www.petrinilaw.com/

<image002.jpg>
<image008.jpg>

<image004.jpg>

<image005.jpg>

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material.  Any review, retransmission, dissemination, or other use of, or taking any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.  If you receive this in error, please contact the sender and delete the material from any computer.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with the requirements imposed by the IRS, Petrini & Associates, P.C. hereby provides notice to the recipient(s) of this e-mail that any U.S. tax advice herein contained in this communication, including any attachments hereto, is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 2:21 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] FFCRA, H.R. 6201 Summary

Karen White with the Louisiana Municipal Association found that a lot of the questions that were asked are addressed in the FFCRA, H.R. 6201. She very kindly provided a summary of that act that will answer some questions. I am attaching it here and it is now in the DropBox as well.

<image006.png>

Caroline Storer
Marketing and Administrative Coordinator

International Municipal Lawyers Association, Inc.
<image007.png>

A 51 Monroe St., Suite 404, Rockville, MD 20850

<image009.jpg>http://www.facebook.com/IMLA-259977855541/

<image010.jpg>http://www.linkedin.com/company/international-municipal-lawyers-association-inc./
http://twitter.com/imlalegal
<image011.png>http://twitter.com/imlalegal
http://soundcloud.com/internationalmunicipallawyersassociation
<image013.jpg>http://soundcloud.com/internationalmunicipallawyersassociation

P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttp://www.imla.org/

Plan Ahead!

IMLA’s 2020 Mid-Year Seminarhttps://imla.org/events/seminars, April 24-27 in Washington, DC!

IMLA’s 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org

In Louisiana, we advise municipalities that a declaration is "prudent" for several reasons:

• puts the emergency authorities under state laws in effect for the mayor a well as the parish President
• enables emergency bid, contacting, and purchase precedes in place
• establishes the incident period for the municipality that may vary from the parish
• anticipates that an additional event may occur that has a different incident period that must be tracked and reported

On Mar 20, 2020 9:38 AM, "Lindsey, Tom" Tom.Lindsey@worthington.org wrote:
I am not sure if a local declaration is necessary since the President has already declared a national emergency.
I believe locals will still need to request funding through the States, perhaps within 30 days.
Here are some FEMA guidance materials.

WARNING I am not a FEMA legal expert!

Respectfully,
Tom Lindsey
Law Director
City of Worthington
374 Highland Avenue
Worthington, OH 43085
614-431-2424 (Office)
614-880-1467 (Fax)
Tom.Lindsey@Worthington.orgmailto:tlindsey@ci.worthington.oh.us

Confidential: The contents of this e-mail are protected by various legal privileges which include the attorney client privilege and work product privilege.  Other privileges may also apply.  The contents of this e-mail, including any attachments or other emails (hereinafter the “email”) are intended solely for the designated recipients as identified by name in the “To”, “CC”, or “BC” lines of this e-mail.  If you are not designated as a recipient by name, please delete the e-mail from your inbox immediately.  Your receipt was the product of an inadvertent disclosure or an unintentional violation of the confidentiality and privileges which apply.  Do not disclose the contents of this e-mail to anyone.  Notify the sender immediately of your receipt.  All rights of the sender for violations of the confidentiality of this e-mail are expressly reserved.  Sender has not waived and did not intend, directly or indirectly, to waive any privilege, in whole or in part.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Petria Bengoechea
Sent: Friday, March 20, 2020 10:14 AM
To: Chris Balch chris@balchlawgroup.com; Laylah Smith lsmith@gnrc.org; Karen White kwhite@lma.org; Amanda Stanley astanley@lkm.org
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I believe this is only true if you declare a local state of emergency, but maybe someone else can chime in?

Petria Bengoechea

City Attorney
City of Alamogordo
1376 E. 9th St | Alamogordo, NM 88310
Office: 575.439.4210 | Cell: 575.430.0346

“You have to do the right thing. You may never know what results come from your action, but if you do nothing, there will be no result.” – Gandhi

[cid:image001.png@01D5FEA1.99DCC5B0]      [cid:image002.png@01D5FEA1.99DCC5B0]

The preceding message (including attachments) constitutes a confidential attorney-client privileged document, or is otherwise a confidential communication from the Office of the City Attorney that is covered by the Electronic Communications Privacy Act, 13 U.S.C. Section 2510-2521 and is intended solely for the use of the individual(s) or entity to whom it is addressed.  It is not intended for transmission to or receipt by any unauthorized person.  If you are not the intended recipient or you received these documents by mistake or error, please do not read it and immediately notify us by telephone (575) 439-4210 for instruction on its destruction or return.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, action or reliance upon the contents of the document is strictly prohibited.

THINK BEFORE YOU SEND: New Mexico law requires government agencies to disclose to the public, upon request, most written communications, including those in electronic form.  Persons communicating with City employees should expect that any communications could be released to the public and that this disclosure could include the email addresses of those communicating with City employees.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chris Balch
Sent: Friday, March 20, 2020 8:01 AM
To: Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Isn’t government eligible for reimbursement of disaster related expenses via FEMA?

Best,
--Chris

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> on behalf of Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>
Date: Friday, March 20, 2020 at 9:43 AM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>, Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: "disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org" <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Thank you all so much for this information.  It has been so helpful.

LAYLAH SMITH, GNRC
o: 615-880-3519
c: 615-579-1600

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Thursday, March 19, 2020 3:20 PM
To: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

That is accurate and confirmed by NLC.  There is a push to change it, but not likely.
KDW
Get Outlook for Androidhttps://aka.ms/ghei36

From: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Sent: Thursday, March 19, 2020 3:14:46 PM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>
Cc: Christopher J. Petrini <cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I’m reading the version passed by the Senate. My understanding is that government will not be reimbursed per Section 7001(e)(4) and Section 7003(e)(4).

Thoughts?

Amanda
Sent from my iPhone

On Mar 19, 2020, at 2:10 PM, Karen White <kwhite@lma.orgmailto:kwhite@lma.org> wrote:

It has been signed by the President and I pulled the summary from the enacted text based on the best of my ability, but I have no pride in someone looking over and making sure it’s spot on.

<image001.jpg>

Karen Day White

Executive Counsel

Louisiana Municipal Association

700 N. 10th Street, Suite 400

Baton Rouge, LA  70802

Telephone:  (225) 332-7670

Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Christopher J. Petrini
Sent: Thursday, March 19, 2020 1:30 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Please confirm whether H.R. 6201 as helpfully summarized by Karen White (thank you Karen!) has been approved by the Senate and signed by the President, and is thus law, and that this summary accurately reflects the enacted version. Thank you.

Christopher J. Petrini
Petrini & Associates, P.C.
372 Union Avenue
Framingham, MA 01702
Tel. (508) 665-4310
Fax (508) 665-4313

cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com

www.petrinilaw.comhttp://www.petrinilaw.com/

<image002.jpg>
<image008.jpg>

<image004.jpg>

<image005.jpg>

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material.  Any review, retransmission, dissemination, or other use of, or taking any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.  If you receive this in error, please contact the sender and delete the material from any computer.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with the requirements imposed by the IRS, Petrini & Associates, P.C. hereby provides notice to the recipient(s) of this e-mail that any U.S. tax advice herein contained in this communication, including any attachments hereto, is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 2:21 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] FFCRA, H.R. 6201 Summary

Karen White with the Louisiana Municipal Association found that a lot of the questions that were asked are addressed in the FFCRA, H.R. 6201. She very kindly provided a summary of that act that will answer some questions. I am attaching it here and it is now in the DropBox as well.

<image006.png>

Caroline Storer
Marketing and Administrative Coordinator

International Municipal Lawyers Association, Inc.
<image007.png>

A 51 Monroe St., Suite 404, Rockville, MD 20850

<image009.jpg>http://www.facebook.com/IMLA-259977855541/

<image010.jpg>http://www.linkedin.com/company/international-municipal-lawyers-association-inc./
http://twitter.com/imlalegal
<image011.png>http://twitter.com/imlalegal
http://soundcloud.com/internationalmunicipallawyersassociation
<image013.jpg>http://soundcloud.com/internationalmunicipallawyersassociation

P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttp://www.imla.org/

Plan Ahead!

IMLA’s 2020 Mid-Year Seminarhttps://imla.org/events/seminars, April 24-27 in Washington, DC!

IMLA’s 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org

I would listen to Brett Kriger, y'all.  He knows of which he speaks.  ??

Get Outlook for Androidhttps://aka.ms/ghei36

From: Brett Kriger bkriger@lma.org
Sent: Friday, March 20, 2020 9:56:35 AM
To: Lindsey, Tom Tom.Lindsey@worthington.org
Cc: Petria Bengoechea pbengoechea@ci.alamogordo.nm.us; Chris Balch chris@balchlawgroup.com; Laylah Smith lsmith@gnrc.org; Karen White kwhite@lma.org; Amanda Stanley astanley@lkm.org; disasterrelief@lists.imla.org disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

In Louisiana, we advise municipalities that a declaration is "prudent" for several reasons:

• puts the emergency authorities under state laws in effect for the mayor a well as the parish President
• enables emergency bid, contacting, and purchase precedes in place
• establishes the incident period for the municipality that may vary from the parish
• anticipates that an additional event may occur that has a different incident period that must be tracked and reported

On Mar 20, 2020 9:38 AM, "Lindsey, Tom" Tom.Lindsey@worthington.org wrote:

I am not sure if a local declaration is necessary since the President has already declared a national emergency.

I believe locals will still need to request funding through the States, perhaps within 30 days.

Here are some FEMA guidance materials.

WARNING I am not a FEMA legal expert!

Respectfully,

Tom Lindsey

Law Director

City of Worthington

374 Highland Avenue

Worthington, OH 43085

614-431-2424 (Office)

614-880-1467 (Fax)

Tom.Lindsey@Worthington.orgmailto:tlindsey@ci.worthington.oh.us

Confidential: The contents of this e-mail are protected by various legal privileges which include the attorney client privilege and work product privilege.  Other privileges may also apply.  The contents of this e-mail, including any attachments or other emails (hereinafter the “email”) are intended solely for the designated recipients as identified by name in the “To”, “CC”, or “BC” lines of this e-mail.  If you are not designated as a recipient by name, please delete the e-mail from your inbox immediately.  Your receipt was the product of an inadvertent disclosure or an unintentional violation of the confidentiality and privileges which apply.  Do not disclose the contents of this e-mail to anyone.  Notify the sender immediately of your receipt.  All rights of the sender for violations of the confidentiality of this e-mail are expressly reserved.  Sender has not waived and did not intend, directly or indirectly, to waive any privilege, in whole or in part.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Petria Bengoechea
Sent: Friday, March 20, 2020 10:14 AM
To: Chris Balch chris@balchlawgroup.com; Laylah Smith lsmith@gnrc.org; Karen White kwhite@lma.org; Amanda Stanley astanley@lkm.org
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I believe this is only true if you declare a local state of emergency, but maybe someone else can chime in?

Petria Bengoechea

City Attorney

City of Alamogordo

1376 E. 9th St | Alamogordo, NM 88310

Office: 575.439.4210 | Cell: 575.430.0346

“You have to do the right thing. You may never know what results come from your action, but if you do nothing, there will be no result.” – Gandhi

[cid:image001.png@01D5FEA1.99DCC5B0]      [cid:image002.png@01D5FEA1.99DCC5B0]

The preceding message (including attachments) constitutes a confidential attorney-client privileged document, or is otherwise a confidential communication from the Office of the City Attorney that is covered by the Electronic Communications Privacy Act, 13 U.S.C. Section 2510-2521 and is intended solely for the use of the individual(s) or entity to whom it is addressed.  It is not intended for transmission to or receipt by any unauthorized person.  If you are not the intended recipient or you received these documents by mistake or error, please do not read it and immediately notify us by telephone (575) 439-4210 for instruction on its destruction or return.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, action or reliance upon the contents of the document is strictly prohibited.

THINK BEFORE YOU SEND: New Mexico law requires government agencies to disclose to the public, upon request, most written communications, including those in electronic form.  Persons communicating with City employees should expect that any communications could be released to the public and that this disclosure could include the email addresses of those communicating with City employees.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chris Balch
Sent: Friday, March 20, 2020 8:01 AM
To: Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Isn’t government eligible for reimbursement of disaster related expenses via FEMA?

Best,

--Chris

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> on behalf of Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>
Date: Friday, March 20, 2020 at 9:43 AM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>, Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: "disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org" <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Thank you all so much for this information.  It has been so helpful.

LAYLAH SMITH, GNRC

o: 615-880-3519

c: 615-579-1600

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Thursday, March 19, 2020 3:20 PM
To: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

That is accurate and confirmed by NLC.  There is a push to change it, but not likely.

KDW

Get Outlook for Androidhttps://aka.ms/ghei36

From: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Sent: Thursday, March 19, 2020 3:14:46 PM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>
Cc: Christopher J. Petrini <cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I’m reading the version passed by the Senate. My understanding is that government will not be reimbursed per Section 7001(e)(4) and Section 7003(e)(4).

Thoughts?

Amanda

Sent from my iPhone

On Mar 19, 2020, at 2:10 PM, Karen White <kwhite@lma.orgmailto:kwhite@lma.org> wrote:

It has been signed by the President and I pulled the summary from the enacted text based on the best of my ability, but I have no pride in someone looking over and making sure it’s spot on.

<image001.jpg>

Karen Day White

Executive Counsel

Louisiana Municipal Association

700 N. 10th Street, Suite 400

Baton Rouge, LA  70802

Telephone:  (225) 332-7670

Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Christopher J. Petrini
Sent: Thursday, March 19, 2020 1:30 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Please confirm whether H.R. 6201 as helpfully summarized by Karen White (thank you Karen!) has been approved by the Senate and signed by the President, and is thus law, and that this summary accurately reflects the enacted version. Thank you.

Christopher J. Petrini
Petrini & Associates, P.C.
372 Union Avenue
Framingham, MA 01702
Tel. (508) 665-4310
Fax (508) 665-4313

cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com

www.petrinilaw.comhttp://www.petrinilaw.com/

<image002.jpg>

<image008.jpg>

<image004.jpg>

<image005.jpg>

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material.  Any review, retransmission, dissemination, or other use of, or taking any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.  If you receive this in error, please contact the sender and delete the material from any computer.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with the requirements imposed by the IRS, Petrini & Associates, P.C. hereby provides notice to the recipient(s) of this e-mail that any U.S. tax advice herein contained in this communication, including any attachments hereto, is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 2:21 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] FFCRA, H.R. 6201 Summary

Karen White with the Louisiana Municipal Association found that a lot of the questions that were asked are addressed in the FFCRA, H.R. 6201. She very kindly provided a summary of that act that will answer some questions. I am attaching it here and it is now in the DropBox as well.

<image006.png>

Caroline Storer
Marketing and Administrative Coordinator

International Municipal Lawyers Association, Inc.

<image007.png>

A 51 Monroe St., Suite 404, Rockville, MD 20850

<image009.jpg>http://www.facebook.com/IMLA-259977855541/

<image010.jpg>http://www.linkedin.com/company/international-municipal-lawyers-association-inc./

http://twitter.com/imlalegal

<image011.png>http://twitter.com/imlalegal

http://soundcloud.com/internationalmunicipallawyersassociation

<image013.jpg>http://soundcloud.com/internationalmunicipallawyersassociation

P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttp://www.imla.org/

Plan Ahead!

IMLA’s 2020 Mid-Year Seminarhttps://imla.org/events/seminars, April 24-27 in Washington, DC!

IMLA’s 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org

Hi listmates:

Here in North Carolina, we requested guidance on this issue at the beginning of the week, and FEMA Region IV advised that local state of emergency declarations are not necessary for this event for purposes of FEMA PA reimbursement eligibility.  Please note that our guidance came from Region IV, not FEMA HQ.  If you are concerned or uncertain about this issue, you may want to seek guidance from your FEMA Regions or your state EM departments. That being said, I agree with Brett's comments about all the other reasons why issuing a local declaration is prudent, and we've been advising the same here while also making clear to our locals that, in NC, a local SoE is not required in this event solely for the purpose of being eligible for FEMA reimbursement.

If it's helpful to know, the manner in which the President's emergency declaration (Title V of the Stafford Act) was issued mooted the normal requirement that Governors each request a declaration for their individual states (the President's declaration was made applicable nationwide automatically).  Whether that will be the case if the President issues a major disaster declaration (Title IV of the Stafford Act; different type of declaration that triggers additional Stafford Act disaster relief programs) remains to be seen.

If anyone has any updated information on the status of a Presidential Major Disaster Declaration, please share.  I've heard nothing in the last 12 hours on this, but it is a rapidly evolving situation.

Stay safe everyone,
Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Brett Kriger
Sent: Friday, March 20, 2020 10:57 AM
To: Lindsey, Tom Tom.Lindsey@worthington.org
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

In Louisiana, we advise municipalities that a declaration is "prudent" for several reasons:

• puts the emergency authorities under state laws in effect for the mayor a well as the parish President
• enables emergency bid, contacting, and purchase precedes in place
• establishes the incident period for the municipality that may vary from the parish
• anticipates that an additional event may occur that has a different incident period that must be tracked and reported

On Mar 20, 2020 9:38 AM, "Lindsey, Tom" <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org> wrote:
I am not sure if a local declaration is necessary since the President has already declared a national emergency.
I believe locals will still need to request funding through the States, perhaps within 30 days.
Here are some FEMA guidance materials.

WARNING I am not a FEMA legal expert!

Respectfully,
Tom Lindsey
Law Director
City of Worthington
374 Highland Avenue
Worthington, OH 43085
614-431-2424 (Office)
614-880-1467 (Fax)
Tom.Lindsey@Worthington.orgmailto:tlindsey@ci.worthington.oh.us

Confidential: The contents of this e-mail are protected by various legal privileges which include the attorney client privilege and work product privilege.  Other privileges may also apply.  The contents of this e-mail, including any attachments or other emails (hereinafter the "email") are intended solely for the designated recipients as identified by name in the "To", "CC", or "BC" lines of this e-mail.  If you are not designated as a recipient by name, please delete the e-mail from your inbox immediately.  Your receipt was the product of an inadvertent disclosure or an unintentional violation of the confidentiality and privileges which apply.  Do not disclose the contents of this e-mail to anyone.  Notify the sender immediately of your receipt.  All rights of the sender for violations of the confidentiality of this e-mail are expressly reserved.  Sender has not waived and did not intend, directly or indirectly, to waive any privilege, in whole or in part.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Petria Bengoechea
Sent: Friday, March 20, 2020 10:14 AM
To: Chris Balch <chris@balchlawgroup.commailto:chris@balchlawgroup.com>; Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I believe this is only true if you declare a local state of emergency, but maybe someone else can chime in?

Petria Bengoechea

City Attorney
City of Alamogordo
1376 E. 9th St | Alamogordo, NM 88310
Office: 575.439.4210 | Cell: 575.430.0346

"You have to do the right thing. You may never know what results come from your action, but if you do nothing, there will be no result." - Gandhi

[cid:image005.png@01D5FEBC.59BE2D00]      [cid:image006.png@01D5FEBC.59BE2D00]

The preceding message (including attachments) constitutes a confidential attorney-client privileged document, or is otherwise a confidential communication from the Office of the City Attorney that is covered by the Electronic Communications Privacy Act, 13 U.S.C. Section 2510-2521 and is intended solely for the use of the individual(s) or entity to whom it is addressed.  It is not intended for transmission to or receipt by any unauthorized person.  If you are not the intended recipient or you received these documents by mistake or error, please do not read it and immediately notify us by telephone (575) 439-4210 for instruction on its destruction or return.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, action or reliance upon the contents of the document is strictly prohibited.

THINK BEFORE YOU SEND: New Mexico law requires government agencies to disclose to the public, upon request, most written communications, including those in electronic form.  Persons communicating with City employees should expect that any communications could be released to the public and that this disclosure could include the email addresses of those communicating with City employees.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chris Balch
Sent: Friday, March 20, 2020 8:01 AM
To: Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Isn't government eligible for reimbursement of disaster related expenses via FEMA?

Best,
--Chris

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> on behalf of Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>
Date: Friday, March 20, 2020 at 9:43 AM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>, Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: "disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org" <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Thank you all so much for this information.  It has been so helpful.

LAYLAH SMITH, GNRC
o: 615-880-3519
c: 615-579-1600

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Thursday, March 19, 2020 3:20 PM
To: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

That is accurate and confirmed by NLC.  There is a push to change it, but not likely.
KDW
Get Outlook for Androidhttps://aka.ms/ghei36

From: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Sent: Thursday, March 19, 2020 3:14:46 PM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>
Cc: Christopher J. Petrini <cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I'm reading the version passed by the Senate. My understanding is that government will not be reimbursed per Section 7001(e)(4) and Section 7003(e)(4).

Thoughts?

Amanda
Sent from my iPhone

On Mar 19, 2020, at 2:10 PM, Karen White <kwhite@lma.orgmailto:kwhite@lma.org> wrote:

It has been signed by the President and I pulled the summary from the enacted text based on the best of my ability, but I have no pride in someone looking over and making sure it's spot on.

<image001.jpg>

Karen Day White

Executive Counsel

Louisiana Municipal Association

700 N. 10th Street, Suite 400

Baton Rouge, LA  70802

Telephone:  (225) 332-7670

Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Christopher J. Petrini
Sent: Thursday, March 19, 2020 1:30 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Please confirm whether H.R. 6201 as helpfully summarized by Karen White (thank you Karen!) has been approved by the Senate and signed by the President, and is thus law, and that this summary accurately reflects the enacted version. Thank you.

Christopher J. Petrini
Petrini & Associates, P.C.
372 Union Avenue
Framingham, MA 01702
Tel. (508) 665-4310
Fax (508) 665-4313

cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com

www.petrinilaw.comhttp://www.petrinilaw.com/

<image002.jpg>
<image008.jpg>

<image004.jpg>

<image005.jpg>

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material.  Any review, retransmission, dissemination, or other use of, or taking any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.  If you receive this in error, please contact the sender and delete the material from any computer.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with the requirements imposed by the IRS, Petrini & Associates, P.C. hereby provides notice to the recipient(s) of this e-mail that any U.S. tax advice herein contained in this communication, including any attachments hereto, is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 2:21 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] FFCRA, H.R. 6201 Summary

Karen White with the Louisiana Municipal Association found that a lot of the questions that were asked are addressed in the FFCRA, H.R. 6201. She very kindly provided a summary of that act that will answer some questions. I am attaching it here and it is now in the DropBox as well.

<image006.png>

Caroline Storer
Marketing and Administrative Coordinator

International Municipal Lawyers Association, Inc.
<image007.png>

A 51 Monroe St., Suite 404, Rockville, MD 20850

<image009.jpg>http://www.facebook.com/IMLA-259977855541/

<image010.jpg>http://www.linkedin.com/company/international-municipal-lawyers-association-inc./
http://twitter.com/imlalegal
<image011.png>http://twitter.com/imlalegal
http://soundcloud.com/internationalmunicipallawyersassociation
<image013.jpg>http://soundcloud.com/internationalmunicipallawyersassociation

P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttp://www.imla.org/

Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://imla.org/events/seminars, April 24-27 in Washington, DC!

IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org

Don't want to sound like I'm splitting hairs with Hq or any FEMA region but from nearly 30 years of being a State Coordinating Officer, Governor's Authorized Representative, FEMA Hq DAE, FEMA Contractor, appeals consultant (that won), and Lead instructor for the Disaster Recovery Management course at EMI you can save a lot of grief later on with inspectors and auditors if you made a local emergency declaration.

Later on those people will just say show it to me in the Stafford Act or 44 CFR.

A FEMA auditor after a Hurricane denied the validity of an authorization I, as GAR, had in writing, sent directly from the White House and signed by the President. FEMA IG determination was that the President exceeded his authority as stated in the Stafford Act.

An emergency declaration takes almost no time and costs you nothing.  In most states you can do it verbally with a memo.

Get Outlook for Androidhttps://aka.ms/ghei36

From: Houston, Norma nhouston@sog.unc.edu
Sent: Friday, March 20, 2020 12:59:46 PM
To: Brett Kriger bkriger@lma.org; Lindsey, Tom Tom.Lindsey@worthington.org
Cc: disasterrelief@lists.imla.org disasterrelief@lists.imla.org
Subject: RE: [Disasterrelief] FFCRA, H.R. 6201 Summary

Hi listmates:

Here in North Carolina, we requested guidance on this issue at the beginning of the week, and FEMA Region IV advised that local state of emergency declarations are not necessary for this event for purposes of FEMA PA reimbursement eligibility.  Please note that our guidance came from Region IV, not FEMA HQ.  If you are concerned or uncertain about this issue, you may want to seek guidance from your FEMA Regions or your state EM departments. That being said, I agree with Brett’s comments about all the other reasons why issuing a local declaration is prudent, and we’ve been advising the same here while also making clear to our locals that, in NC, a local SoE is not required in this event solely for the purpose of being eligible for FEMA reimbursement.

If it’s helpful to know, the manner in which the President’s emergency declaration (Title V of the Stafford Act) was issued mooted the normal requirement that Governors each request a declaration for their individual states (the President’s declaration was made applicable nationwide automatically).  Whether that will be the case if the President issues a major disaster declaration (Title IV of the Stafford Act; different type of declaration that triggers additional Stafford Act disaster relief programs) remains to be seen.

If anyone has any updated information on the status of a Presidential Major Disaster Declaration, please share.  I’ve heard nothing in the last 12 hours on this, but it is a rapidly evolving situation.

Stay safe everyone,

Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston

Lecturer in Public Law and Government

The University of North Carolina at Chapel Hill

Campus Box 3330, Knapp-Sanders Building

Chapel Hill, NC 27599-3330

T: 919.843.8930

www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Brett Kriger
Sent: Friday, March 20, 2020 10:57 AM
To: Lindsey, Tom Tom.Lindsey@worthington.org
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

In Louisiana, we advise municipalities that a declaration is "prudent" for several reasons:

• puts the emergency authorities under state laws in effect for the mayor a well as the parish President

• enables emergency bid, contacting, and purchase precedes in place

• establishes the incident period for the municipality that may vary from the parish

• anticipates that an additional event may occur that has a different incident period that must be tracked and reported

On Mar 20, 2020 9:38 AM, "Lindsey, Tom" <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org> wrote:

I am not sure if a local declaration is necessary since the President has already declared a national emergency.

I believe locals will still need to request funding through the States, perhaps within 30 days.

Here are some FEMA guidance materials.

WARNING I am not a FEMA legal expert!

Respectfully,

Tom Lindsey

Law Director

City of Worthington

374 Highland Avenue

Worthington, OH 43085

614-431-2424 (Office)

614-880-1467 (Fax)

Tom.Lindsey@Worthington.orgmailto:tlindsey@ci.worthington.oh.us

Confidential: The contents of this e-mail are protected by various legal privileges which include the attorney client privilege and work product privilege.  Other privileges may also apply.  The contents of this e-mail, including any attachments or other emails (hereinafter the “email”) are intended solely for the designated recipients as identified by name in the “To”, “CC”, or “BC” lines of this e-mail.  If you are not designated as a recipient by name, please delete the e-mail from your inbox immediately.  Your receipt was the product of an inadvertent disclosure or an unintentional violation of the confidentiality and privileges which apply.  Do not disclose the contents of this e-mail to anyone.  Notify the sender immediately of your receipt.  All rights of the sender for violations of the confidentiality of this e-mail are expressly reserved.  Sender has not waived and did not intend, directly or indirectly, to waive any privilege, in whole or in part.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Petria Bengoechea
Sent: Friday, March 20, 2020 10:14 AM
To: Chris Balch <chris@balchlawgroup.commailto:chris@balchlawgroup.com>; Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I believe this is only true if you declare a local state of emergency, but maybe someone else can chime in?

Petria Bengoechea

City Attorney

City of Alamogordo

1376 E. 9th St | Alamogordo, NM 88310

Office: 575.439.4210 | Cell: 575.430.0346

“You have to do the right thing. You may never know what results come from your action, but if you do nothing, there will be no result.” – Gandhi

[cid:image005.png@01D5FEBC.59BE2D00]      [cid:image006.png@01D5FEBC.59BE2D00]

The preceding message (including attachments) constitutes a confidential attorney-client privileged document, or is otherwise a confidential communication from the Office of the City Attorney that is covered by the Electronic Communications Privacy Act, 13 U.S.C. Section 2510-2521 and is intended solely for the use of the individual(s) or entity to whom it is addressed.  It is not intended for transmission to or receipt by any unauthorized person.  If you are not the intended recipient or you received these documents by mistake or error, please do not read it and immediately notify us by telephone (575) 439-4210 for instruction on its destruction or return.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, action or reliance upon the contents of the document is strictly prohibited.

THINK BEFORE YOU SEND: New Mexico law requires government agencies to disclose to the public, upon request, most written communications, including those in electronic form.  Persons communicating with City employees should expect that any communications could be released to the public and that this disclosure could include the email addresses of those communicating with City employees.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chris Balch
Sent: Friday, March 20, 2020 8:01 AM
To: Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Isn’t government eligible for reimbursement of disaster related expenses via FEMA?

Best,

--Chris

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> on behalf of Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>
Date: Friday, March 20, 2020 at 9:43 AM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>, Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: "disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org" <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Thank you all so much for this information.  It has been so helpful.

LAYLAH SMITH, GNRC

o: 615-880-3519

c: 615-579-1600

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Thursday, March 19, 2020 3:20 PM
To: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

That is accurate and confirmed by NLC.  There is a push to change it, but not likely.

KDW

Get Outlook for Androidhttps://aka.ms/ghei36

From: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Sent: Thursday, March 19, 2020 3:14:46 PM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>
Cc: Christopher J. Petrini <cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I’m reading the version passed by the Senate. My understanding is that government will not be reimbursed per Section 7001(e)(4) and Section 7003(e)(4).

Thoughts?

Amanda

Sent from my iPhone

On Mar 19, 2020, at 2:10 PM, Karen White <kwhite@lma.orgmailto:kwhite@lma.org> wrote:

It has been signed by the President and I pulled the summary from the enacted text based on the best of my ability, but I have no pride in someone looking over and making sure it’s spot on.

<image001.jpg>

Karen Day White

Executive Counsel

Louisiana Municipal Association

700 N. 10th Street, Suite 400

Baton Rouge, LA  70802

Telephone:  (225) 332-7670

Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Christopher J. Petrini
Sent: Thursday, March 19, 2020 1:30 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Please confirm whether H.R. 6201 as helpfully summarized by Karen White (thank you Karen!) has been approved by the Senate and signed by the President, and is thus law, and that this summary accurately reflects the enacted version. Thank you.

Christopher J. Petrini
Petrini & Associates, P.C.
372 Union Avenue
Framingham, MA 01702
Tel. (508) 665-4310
Fax (508) 665-4313

cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com

www.petrinilaw.comhttp://www.petrinilaw.com/

<image002.jpg>

<image008.jpg>

<image004.jpg>

<image005.jpg>

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material.  Any review, retransmission, dissemination, or other use of, or taking any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.  If you receive this in error, please contact the sender and delete the material from any computer.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with the requirements imposed by the IRS, Petrini & Associates, P.C. hereby provides notice to the recipient(s) of this e-mail that any U.S. tax advice herein contained in this communication, including any attachments hereto, is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 2:21 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] FFCRA, H.R. 6201 Summary

Karen White with the Louisiana Municipal Association found that a lot of the questions that were asked are addressed in the FFCRA, H.R. 6201. She very kindly provided a summary of that act that will answer some questions. I am attaching it here and it is now in the DropBox as well.

<image006.png>

Caroline Storer
Marketing and Administrative Coordinator

International Municipal Lawyers Association, Inc.

<image007.png>

A 51 Monroe St., Suite 404, Rockville, MD 20850

<image009.jpg>http://www.facebook.com/IMLA-259977855541/

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P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttp://www.imla.org/

Plan Ahead!

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We've had the same experience in NC as well in the 25 years I've worked federally declared disasters in this state (Cat B denials, claw backs, appeals, etc.).  Plus (you will find this interesting based on your experience), we are one of only 4 state in the country that don't have a county road system, so we typically point to the local SoE declaration to establish legal responsibility for debris removal for Cat B reimbursement eligibility for our counties since they don't own the right-of-way.  So, this is always a big issue in our state, and always in the past, I consistently advise (urge) to declare.  However, some of our locals have been hesitant to do so in this situation since our Governor already declared last week and they didn't want to create panic in their local communities.

I am not advising whether a local should or should not declare; that is up to the jurisdiction to determine based on what best serves the public health and safety of the community.  I merely wanted to share with the group what we had been advised by Region IV for those who indicated they thought a local declaration is a legal or regulatory condition precedent to reimbursement in all instances.

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston
Lecturer in Public Law and Government
The University of North Carolina at Chapel Hill
Campus Box 3330, Knapp-Sanders Building
Chapel Hill, NC 27599-3330
T: 919.843.8930
www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Brett Kriger bkriger@lma.org
Sent: Friday, March 20, 2020 2:18 PM
To: Lindsey, Tom Tom.Lindsey@worthington.org; Houston, Norma nhouston@sog.unc.edu
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Don't want to sound like I'm splitting hairs with Hq or any FEMA region but from nearly 30 years of being a State Coordinating Officer, Governor's Authorized Representative, FEMA Hq DAE, FEMA Contractor, appeals consultant (that won), and Lead instructor for the Disaster Recovery Management course at EMI you can save a lot of grief later on with inspectors and auditors if you made a local emergency declaration.
Later on those people will just say show it to me in the Stafford Act or 44 CFR.
A FEMA auditor after a Hurricane denied the validity of an authorization I, as GAR, had in writing, sent directly from the White House and signed by the President. FEMA IG determination was that the President exceeded his authority as stated in the Stafford Act.
An emergency declaration takes almost no time and costs you nothing.  In most states you can do it verbally with a memo.
Get Outlook for Androidhttps://aka.ms/ghei36

From: Houston, Norma <nhouston@sog.unc.edumailto:nhouston@sog.unc.edu>
Sent: Friday, March 20, 2020 12:59:46 PM
To: Brett Kriger <bkriger@lma.orgmailto:bkriger@lma.org>; Lindsey, Tom <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: RE: [Disasterrelief] FFCRA, H.R. 6201 Summary

Hi listmates:

Here in North Carolina, we requested guidance on this issue at the beginning of the week, and FEMA Region IV advised that local state of emergency declarations are not necessary for this event for purposes of FEMA PA reimbursement eligibility.  Please note that our guidance came from Region IV, not FEMA HQ.  If you are concerned or uncertain about this issue, you may want to seek guidance from your FEMA Regions or your state EM departments. That being said, I agree with Brett's comments about all the other reasons why issuing a local declaration is prudent, and we've been advising the same here while also making clear to our locals that, in NC, a local SoE is not required in this event solely for the purpose of being eligible for FEMA reimbursement.

If it's helpful to know, the manner in which the President's emergency declaration (Title V of the Stafford Act) was issued mooted the normal requirement that Governors each request a declaration for their individual states (the President's declaration was made applicable nationwide automatically).  Whether that will be the case if the President issues a major disaster declaration (Title IV of the Stafford Act; different type of declaration that triggers additional Stafford Act disaster relief programs) remains to be seen.

If anyone has any updated information on the status of a Presidential Major Disaster Declaration, please share.  I've heard nothing in the last 12 hours on this, but it is a rapidly evolving situation.

Stay safe everyone,

Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston

Lecturer in Public Law and Government

The University of North Carolina at Chapel Hill

Campus Box 3330, Knapp-Sanders Building

Chapel Hill, NC 27599-3330

T: 919.843.8930

www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Brett Kriger
Sent: Friday, March 20, 2020 10:57 AM
To: Lindsey, Tom <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

In Louisiana, we advise municipalities that a declaration is "prudent" for several reasons:

• puts the emergency authorities under state laws in effect for the mayor a well as the parish President

• enables emergency bid, contacting, and purchase precedes in place

• establishes the incident period for the municipality that may vary from the parish

• anticipates that an additional event may occur that has a different incident period that must be tracked and reported

On Mar 20, 2020 9:38 AM, "Lindsey, Tom" <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org> wrote:

I am not sure if a local declaration is necessary since the President has already declared a national emergency.

I believe locals will still need to request funding through the States, perhaps within 30 days.

Here are some FEMA guidance materials.

WARNING I am not a FEMA legal expert!

Respectfully,

Tom Lindsey

Law Director

City of Worthington

374 Highland Avenue

Worthington, OH 43085

614-431-2424 (Office)

614-880-1467 (Fax)

Tom.Lindsey@Worthington.orgmailto:tlindsey@ci.worthington.oh.us

Confidential: The contents of this e-mail are protected by various legal privileges which include the attorney client privilege and work product privilege.  Other privileges may also apply.  The contents of this e-mail, including any attachments or other emails (hereinafter the "email") are intended solely for the designated recipients as identified by name in the "To", "CC", or "BC" lines of this e-mail.  If you are not designated as a recipient by name, please delete the e-mail from your inbox immediately.  Your receipt was the product of an inadvertent disclosure or an unintentional violation of the confidentiality and privileges which apply.  Do not disclose the contents of this e-mail to anyone.  Notify the sender immediately of your receipt.  All rights of the sender for violations of the confidentiality of this e-mail are expressly reserved.  Sender has not waived and did not intend, directly or indirectly, to waive any privilege, in whole or in part.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Petria Bengoechea
Sent: Friday, March 20, 2020 10:14 AM
To: Chris Balch <chris@balchlawgroup.commailto:chris@balchlawgroup.com>; Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I believe this is only true if you declare a local state of emergency, but maybe someone else can chime in?

Petria Bengoechea

City Attorney

City of Alamogordo

1376 E. 9th St | Alamogordo, NM 88310

Office: 575.439.4210 | Cell: 575.430.0346

"You have to do the right thing. You may never know what results come from your action, but if you do nothing, there will be no result." - Gandhi

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The preceding message (including attachments) constitutes a confidential attorney-client privileged document, or is otherwise a confidential communication from the Office of the City Attorney that is covered by the Electronic Communications Privacy Act, 13 U.S.C. Section 2510-2521 and is intended solely for the use of the individual(s) or entity to whom it is addressed.  It is not intended for transmission to or receipt by any unauthorized person.  If you are not the intended recipient or you received these documents by mistake or error, please do not read it and immediately notify us by telephone (575) 439-4210 for instruction on its destruction or return.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, action or reliance upon the contents of the document is strictly prohibited.

THINK BEFORE YOU SEND: New Mexico law requires government agencies to disclose to the public, upon request, most written communications, including those in electronic form.  Persons communicating with City employees should expect that any communications could be released to the public and that this disclosure could include the email addresses of those communicating with City employees.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chris Balch
Sent: Friday, March 20, 2020 8:01 AM
To: Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Isn't government eligible for reimbursement of disaster related expenses via FEMA?

Best,

--Chris

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> on behalf of Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>
Date: Friday, March 20, 2020 at 9:43 AM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>, Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: "disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org" <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Thank you all so much for this information.  It has been so helpful.

LAYLAH SMITH, GNRC

o: 615-880-3519

c: 615-579-1600

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Thursday, March 19, 2020 3:20 PM
To: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

That is accurate and confirmed by NLC.  There is a push to change it, but not likely.

KDW

Get Outlook for Androidhttps://aka.ms/ghei36

From: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Sent: Thursday, March 19, 2020 3:14:46 PM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>
Cc: Christopher J. Petrini <cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I'm reading the version passed by the Senate. My understanding is that government will not be reimbursed per Section 7001(e)(4) and Section 7003(e)(4).

Thoughts?

Amanda

Sent from my iPhone

On Mar 19, 2020, at 2:10 PM, Karen White <kwhite@lma.orgmailto:kwhite@lma.org> wrote:

It has been signed by the President and I pulled the summary from the enacted text based on the best of my ability, but I have no pride in someone looking over and making sure it's spot on.

<image001.jpg>

Karen Day White

Executive Counsel

Louisiana Municipal Association

700 N. 10th Street, Suite 400

Baton Rouge, LA  70802

Telephone:  (225) 332-7670

Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Christopher J. Petrini
Sent: Thursday, March 19, 2020 1:30 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Please confirm whether H.R. 6201 as helpfully summarized by Karen White (thank you Karen!) has been approved by the Senate and signed by the President, and is thus law, and that this summary accurately reflects the enacted version. Thank you.

Christopher J. Petrini
Petrini & Associates, P.C.
372 Union Avenue
Framingham, MA 01702
Tel. (508) 665-4310
Fax (508) 665-4313

cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com

www.petrinilaw.comhttp://www.petrinilaw.com/

<image002.jpg>

<image008.jpg>

<image004.jpg>

<image005.jpg>

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material.  Any review, retransmission, dissemination, or other use of, or taking any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.  If you receive this in error, please contact the sender and delete the material from any computer.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with the requirements imposed by the IRS, Petrini & Associates, P.C. hereby provides notice to the recipient(s) of this e-mail that any U.S. tax advice herein contained in this communication, including any attachments hereto, is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 2:21 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] FFCRA, H.R. 6201 Summary

Karen White with the Louisiana Municipal Association found that a lot of the questions that were asked are addressed in the FFCRA, H.R. 6201. She very kindly provided a summary of that act that will answer some questions. I am attaching it here and it is now in the DropBox as well.

<image006.png>

Caroline Storer
Marketing and Administrative Coordinator

International Municipal Lawyers Association, Inc.

<image007.png>

A 51 Monroe St., Suite 404, Rockville, MD 20850

<image009.jpg>http://www.facebook.com/IMLA-259977855541/

<image010.jpg>http://www.linkedin.com/company/international-municipal-lawyers-association-inc./

http://twitter.com/imlalegal

<image011.png>http://twitter.com/imlalegal

http://soundcloud.com/internationalmunicipallawyersassociation

<image013.jpg>http://soundcloud.com/internationalmunicipallawyersassociation

P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttp://www.imla.org/

Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://imla.org/events/seminars, April 24-27 in Washington, DC!

IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org

My earlier comments were in response to whether a local declaration was legally required for FEMA funding.
In haste, I only answered the question.

I fully agree with Brett's comments that a local declaration is prudent, may eliminate questions from FEMA auditors, and is relatively easy to do.
Absent a lack of authority under local or state law, I cannot think of any reason not to make the declaration.

Respectfully,
Tom Lindsey
Law Director
City of Worthington
374 Highland Avenue
Worthington, OH 43085
614-431-2424 (Office)
614-880-1467 (Fax)
Tom.Lindsey@Worthington.orgmailto:tlindsey@ci.worthington.oh.us

Confidential: The contents of this e-mail are protected by various legal privileges which include the attorney client privilege and work product privilege.  Other privileges may also apply.  The contents of this e-mail, including any attachments or other emails (hereinafter the "email") are intended solely for the designated recipients as identified by name in the "To", "CC", or "BC" lines of this e-mail.  If you are not designated as a recipient by name, please delete the e-mail from your inbox immediately.  Your receipt was the product of an inadvertent disclosure or an unintentional violation of the confidentiality and privileges which apply.  Do not disclose the contents of this e-mail to anyone.  Notify the sender immediately of your receipt.  All rights of the sender for violations of the confidentiality of this e-mail are expressly reserved.  Sender has not waived and did not intend, directly or indirectly, to waive any privilege, in whole or in part.

From: Brett Kriger bkriger@lma.org
Sent: Friday, March 20, 2020 2:18 PM
To: Lindsey, Tom Tom.Lindsey@worthington.org; Houston, Norma nhouston@sog.unc.edu
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Don't want to sound like I'm splitting hairs with Hq or any FEMA region but from nearly 30 years of being a State Coordinating Officer, Governor's Authorized Representative, FEMA Hq DAE, FEMA Contractor, appeals consultant (that won), and Lead instructor for the Disaster Recovery Management course at EMI you can save a lot of grief later on with inspectors and auditors if you made a local emergency declaration.
Later on those people will just say show it to me in the Stafford Act or 44 CFR.
A FEMA auditor after a Hurricane denied the validity of an authorization I, as GAR, had in writing, sent directly from the White House and signed by the President. FEMA IG determination was that the President exceeded his authority as stated in the Stafford Act.
An emergency declaration takes almost no time and costs you nothing.  In most states you can do it verbally with a memo.
Get Outlook for Androidhttps://aka.ms/ghei36

From: Houston, Norma <nhouston@sog.unc.edumailto:nhouston@sog.unc.edu>
Sent: Friday, March 20, 2020 12:59:46 PM
To: Brett Kriger <bkriger@lma.orgmailto:bkriger@lma.org>; Lindsey, Tom <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: RE: [Disasterrelief] FFCRA, H.R. 6201 Summary

Hi listmates:

Here in North Carolina, we requested guidance on this issue at the beginning of the week, and FEMA Region IV advised that local state of emergency declarations are not necessary for this event for purposes of FEMA PA reimbursement eligibility.  Please note that our guidance came from Region IV, not FEMA HQ.  If you are concerned or uncertain about this issue, you may want to seek guidance from your FEMA Regions or your state EM departments. That being said, I agree with Brett's comments about all the other reasons why issuing a local declaration is prudent, and we've been advising the same here while also making clear to our locals that, in NC, a local SoE is not required in this event solely for the purpose of being eligible for FEMA reimbursement.

If it's helpful to know, the manner in which the President's emergency declaration (Title V of the Stafford Act) was issued mooted the normal requirement that Governors each request a declaration for their individual states (the President's declaration was made applicable nationwide automatically).  Whether that will be the case if the President issues a major disaster declaration (Title IV of the Stafford Act; different type of declaration that triggers additional Stafford Act disaster relief programs) remains to be seen.

If anyone has any updated information on the status of a Presidential Major Disaster Declaration, please share.  I've heard nothing in the last 12 hours on this, but it is a rapidly evolving situation.

Stay safe everyone,

Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston

Lecturer in Public Law and Government

The University of North Carolina at Chapel Hill

Campus Box 3330, Knapp-Sanders Building

Chapel Hill, NC 27599-3330

T: 919.843.8930

www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Brett Kriger
Sent: Friday, March 20, 2020 10:57 AM
To: Lindsey, Tom <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

In Louisiana, we advise municipalities that a declaration is "prudent" for several reasons:

• puts the emergency authorities under state laws in effect for the mayor a well as the parish President

• enables emergency bid, contacting, and purchase precedes in place

• establishes the incident period for the municipality that may vary from the parish

• anticipates that an additional event may occur that has a different incident period that must be tracked and reported

On Mar 20, 2020 9:38 AM, "Lindsey, Tom" <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org> wrote:

I am not sure if a local declaration is necessary since the President has already declared a national emergency.

I believe locals will still need to request funding through the States, perhaps within 30 days.

Here are some FEMA guidance materials.

WARNING I am not a FEMA legal expert!

Respectfully,

Tom Lindsey

Law Director

City of Worthington

374 Highland Avenue

Worthington, OH 43085

614-431-2424 (Office)

614-880-1467 (Fax)

Tom.Lindsey@Worthington.orgmailto:tlindsey@ci.worthington.oh.us

Confidential: The contents of this e-mail are protected by various legal privileges which include the attorney client privilege and work product privilege.  Other privileges may also apply.  The contents of this e-mail, including any attachments or other emails (hereinafter the "email") are intended solely for the designated recipients as identified by name in the "To", "CC", or "BC" lines of this e-mail.  If you are not designated as a recipient by name, please delete the e-mail from your inbox immediately.  Your receipt was the product of an inadvertent disclosure or an unintentional violation of the confidentiality and privileges which apply.  Do not disclose the contents of this e-mail to anyone.  Notify the sender immediately of your receipt.  All rights of the sender for violations of the confidentiality of this e-mail are expressly reserved.  Sender has not waived and did not intend, directly or indirectly, to waive any privilege, in whole or in part.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Petria Bengoechea
Sent: Friday, March 20, 2020 10:14 AM
To: Chris Balch <chris@balchlawgroup.commailto:chris@balchlawgroup.com>; Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I believe this is only true if you declare a local state of emergency, but maybe someone else can chime in?

Petria Bengoechea

City Attorney

City of Alamogordo

1376 E. 9th St | Alamogordo, NM 88310

Office: 575.439.4210 | Cell: 575.430.0346

"You have to do the right thing. You may never know what results come from your action, but if you do nothing, there will be no result." - Gandhi

[cid:image003.png@01D5FEC6.019F3B50]      [cid:image004.png@01D5FEC6.019F3B50]

The preceding message (including attachments) constitutes a confidential attorney-client privileged document, or is otherwise a confidential communication from the Office of the City Attorney that is covered by the Electronic Communications Privacy Act, 13 U.S.C. Section 2510-2521 and is intended solely for the use of the individual(s) or entity to whom it is addressed.  It is not intended for transmission to or receipt by any unauthorized person.  If you are not the intended recipient or you received these documents by mistake or error, please do not read it and immediately notify us by telephone (575) 439-4210 for instruction on its destruction or return.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, action or reliance upon the contents of the document is strictly prohibited.

THINK BEFORE YOU SEND: New Mexico law requires government agencies to disclose to the public, upon request, most written communications, including those in electronic form.  Persons communicating with City employees should expect that any communications could be released to the public and that this disclosure could include the email addresses of those communicating with City employees.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chris Balch
Sent: Friday, March 20, 2020 8:01 AM
To: Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Isn't government eligible for reimbursement of disaster related expenses via FEMA?

Best,

--Chris

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> on behalf of Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>
Date: Friday, March 20, 2020 at 9:43 AM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>, Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: "disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org" <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Thank you all so much for this information.  It has been so helpful.

LAYLAH SMITH, GNRC

o: 615-880-3519

c: 615-579-1600

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Thursday, March 19, 2020 3:20 PM
To: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

That is accurate and confirmed by NLC.  There is a push to change it, but not likely.

KDW

Get Outlook for Androidhttps://aka.ms/ghei36

From: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Sent: Thursday, March 19, 2020 3:14:46 PM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>
Cc: Christopher J. Petrini <cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I'm reading the version passed by the Senate. My understanding is that government will not be reimbursed per Section 7001(e)(4) and Section 7003(e)(4).

Thoughts?

Amanda

Sent from my iPhone

On Mar 19, 2020, at 2:10 PM, Karen White <kwhite@lma.orgmailto:kwhite@lma.org> wrote:

It has been signed by the President and I pulled the summary from the enacted text based on the best of my ability, but I have no pride in someone looking over and making sure it's spot on.

<image001.jpg>

Karen Day White

Executive Counsel

Louisiana Municipal Association

700 N. 10th Street, Suite 400

Baton Rouge, LA  70802

Telephone:  (225) 332-7670

Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Christopher J. Petrini
Sent: Thursday, March 19, 2020 1:30 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Please confirm whether H.R. 6201 as helpfully summarized by Karen White (thank you Karen!) has been approved by the Senate and signed by the President, and is thus law, and that this summary accurately reflects the enacted version. Thank you.

Christopher J. Petrini
Petrini & Associates, P.C.
372 Union Avenue
Framingham, MA 01702
Tel. (508) 665-4310
Fax (508) 665-4313

cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com

www.petrinilaw.comhttp://www.petrinilaw.com/

<image002.jpg>

<image008.jpg>

<image004.jpg>

<image005.jpg>

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material.  Any review, retransmission, dissemination, or other use of, or taking any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.  If you receive this in error, please contact the sender and delete the material from any computer.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with the requirements imposed by the IRS, Petrini & Associates, P.C. hereby provides notice to the recipient(s) of this e-mail that any U.S. tax advice herein contained in this communication, including any attachments hereto, is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 2:21 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] FFCRA, H.R. 6201 Summary

Karen White with the Louisiana Municipal Association found that a lot of the questions that were asked are addressed in the FFCRA, H.R. 6201. She very kindly provided a summary of that act that will answer some questions. I am attaching it here and it is now in the DropBox as well.

<image006.png>

Caroline Storer
Marketing and Administrative Coordinator

International Municipal Lawyers Association, Inc.

<image007.png>

A 51 Monroe St., Suite 404, Rockville, MD 20850

<image009.jpg>http://www.facebook.com/IMLA-259977855541/

<image010.jpg>http://www.linkedin.com/company/international-municipal-lawyers-association-inc./

http://twitter.com/imlalegal

<image011.png>http://twitter.com/imlalegal

http://soundcloud.com/internationalmunicipallawyersassociation

<image013.jpg>http://soundcloud.com/internationalmunicipallawyersassociation

P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttp://www.imla.org/

Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://imla.org/events/seminars, April 24-27 in Washington, DC!

IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org

This prompts a follow up question.  If your county has made a local disaster declaration, would that suffice as the local declaration to cover the cities as well, or should they also make such a declaration.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Brett Kriger
Sent: Friday, March 20, 2020 1:18 PM
To: Lindsey, Tom Tom.Lindsey@worthington.org; Houston, Norma nhouston@sog.unc.edu
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Don't want to sound like I'm splitting hairs with Hq or any FEMA region but from nearly 30 years of being a State Coordinating Officer, Governor's Authorized Representative, FEMA Hq DAE, FEMA Contractor, appeals consultant (that won), and Lead instructor for the Disaster Recovery Management course at EMI you can save a lot of grief later on with inspectors and auditors if you made a local emergency declaration.
Later on those people will just say show it to me in the Stafford Act or 44 CFR.
A FEMA auditor after a Hurricane denied the validity of an authorization I, as GAR, had in writing, sent directly from the White House and signed by the President. FEMA IG determination was that the President exceeded his authority as stated in the Stafford Act.
An emergency declaration takes almost no time and costs you nothing.  In most states you can do it verbally with a memo.
Get Outlook for Androidhttps://aka.ms/ghei36

From: Houston, Norma <nhouston@sog.unc.edumailto:nhouston@sog.unc.edu>
Sent: Friday, March 20, 2020 12:59:46 PM
To: Brett Kriger <bkriger@lma.orgmailto:bkriger@lma.org>; Lindsey, Tom <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: RE: [Disasterrelief] FFCRA, H.R. 6201 Summary

Hi listmates:

Here in North Carolina, we requested guidance on this issue at the beginning of the week, and FEMA Region IV advised that local state of emergency declarations are not necessary for this event for purposes of FEMA PA reimbursement eligibility.  Please note that our guidance came from Region IV, not FEMA HQ.  If you are concerned or uncertain about this issue, you may want to seek guidance from your FEMA Regions or your state EM departments. That being said, I agree with Brett's comments about all the other reasons why issuing a local declaration is prudent, and we've been advising the same here while also making clear to our locals that, in NC, a local SoE is not required in this event solely for the purpose of being eligible for FEMA reimbursement.

If it's helpful to know, the manner in which the President's emergency declaration (Title V of the Stafford Act) was issued mooted the normal requirement that Governors each request a declaration for their individual states (the President's declaration was made applicable nationwide automatically).  Whether that will be the case if the President issues a major disaster declaration (Title IV of the Stafford Act; different type of declaration that triggers additional Stafford Act disaster relief programs) remains to be seen.

If anyone has any updated information on the status of a Presidential Major Disaster Declaration, please share.  I've heard nothing in the last 12 hours on this, but it is a rapidly evolving situation.

Stay safe everyone,

Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston

Lecturer in Public Law and Government

The University of North Carolina at Chapel Hill

Campus Box 3330, Knapp-Sanders Building

Chapel Hill, NC 27599-3330

T: 919.843.8930

www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Brett Kriger
Sent: Friday, March 20, 2020 10:57 AM
To: Lindsey, Tom <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

In Louisiana, we advise municipalities that a declaration is "prudent" for several reasons:

• puts the emergency authorities under state laws in effect for the mayor a well as the parish President

• enables emergency bid, contacting, and purchase precedes in place

• establishes the incident period for the municipality that may vary from the parish

• anticipates that an additional event may occur that has a different incident period that must be tracked and reported

On Mar 20, 2020 9:38 AM, "Lindsey, Tom" <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org> wrote:

I am not sure if a local declaration is necessary since the President has already declared a national emergency.

I believe locals will still need to request funding through the States, perhaps within 30 days.

Here are some FEMA guidance materials.

WARNING I am not a FEMA legal expert!

Respectfully,

Tom Lindsey

Law Director

City of Worthington

374 Highland Avenue

Worthington, OH 43085

614-431-2424 (Office)

614-880-1467 (Fax)

Tom.Lindsey@Worthington.orgmailto:tlindsey@ci.worthington.oh.us

Confidential: The contents of this e-mail are protected by various legal privileges which include the attorney client privilege and work product privilege.  Other privileges may also apply.  The contents of this e-mail, including any attachments or other emails (hereinafter the "email") are intended solely for the designated recipients as identified by name in the "To", "CC", or "BC" lines of this e-mail.  If you are not designated as a recipient by name, please delete the e-mail from your inbox immediately.  Your receipt was the product of an inadvertent disclosure or an unintentional violation of the confidentiality and privileges which apply.  Do not disclose the contents of this e-mail to anyone.  Notify the sender immediately of your receipt.  All rights of the sender for violations of the confidentiality of this e-mail are expressly reserved.  Sender has not waived and did not intend, directly or indirectly, to waive any privilege, in whole or in part.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Petria Bengoechea
Sent: Friday, March 20, 2020 10:14 AM
To: Chris Balch <chris@balchlawgroup.commailto:chris@balchlawgroup.com>; Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I believe this is only true if you declare a local state of emergency, but maybe someone else can chime in?

Petria Bengoechea

City Attorney

City of Alamogordo

1376 E. 9th St | Alamogordo, NM 88310

Office: 575.439.4210 | Cell: 575.430.0346

"You have to do the right thing. You may never know what results come from your action, but if you do nothing, there will be no result." - Gandhi

[cid:image003.png@01D5FEBE.BEECD0D0]      [cid:image004.png@01D5FEBE.BEECD0D0]

The preceding message (including attachments) constitutes a confidential attorney-client privileged document, or is otherwise a confidential communication from the Office of the City Attorney that is covered by the Electronic Communications Privacy Act, 13 U.S.C. Section 2510-2521 and is intended solely for the use of the individual(s) or entity to whom it is addressed.  It is not intended for transmission to or receipt by any unauthorized person.  If you are not the intended recipient or you received these documents by mistake or error, please do not read it and immediately notify us by telephone (575) 439-4210 for instruction on its destruction or return.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, action or reliance upon the contents of the document is strictly prohibited.

THINK BEFORE YOU SEND: New Mexico law requires government agencies to disclose to the public, upon request, most written communications, including those in electronic form.  Persons communicating with City employees should expect that any communications could be released to the public and that this disclosure could include the email addresses of those communicating with City employees.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chris Balch
Sent: Friday, March 20, 2020 8:01 AM
To: Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Isn't government eligible for reimbursement of disaster related expenses via FEMA?

Best,

--Chris

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> on behalf of Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>
Date: Friday, March 20, 2020 at 9:43 AM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>, Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: "disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org" <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Thank you all so much for this information.  It has been so helpful.

LAYLAH SMITH, GNRC

o: 615-880-3519

c: 615-579-1600

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Thursday, March 19, 2020 3:20 PM
To: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

That is accurate and confirmed by NLC.  There is a push to change it, but not likely.

KDW

Get Outlook for Androidhttps://aka.ms/ghei36

From: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Sent: Thursday, March 19, 2020 3:14:46 PM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>
Cc: Christopher J. Petrini <cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I'm reading the version passed by the Senate. My understanding is that government will not be reimbursed per Section 7001(e)(4) and Section 7003(e)(4).

Thoughts?

Amanda

Sent from my iPhone

On Mar 19, 2020, at 2:10 PM, Karen White <kwhite@lma.orgmailto:kwhite@lma.org> wrote:

It has been signed by the President and I pulled the summary from the enacted text based on the best of my ability, but I have no pride in someone looking over and making sure it's spot on.

<image001.jpg>

Karen Day White

Executive Counsel

Louisiana Municipal Association

700 N. 10th Street, Suite 400

Baton Rouge, LA  70802

Telephone:  (225) 332-7670

Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Christopher J. Petrini
Sent: Thursday, March 19, 2020 1:30 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Please confirm whether H.R. 6201 as helpfully summarized by Karen White (thank you Karen!) has been approved by the Senate and signed by the President, and is thus law, and that this summary accurately reflects the enacted version. Thank you.

Christopher J. Petrini
Petrini & Associates, P.C.
372 Union Avenue
Framingham, MA 01702
Tel. (508) 665-4310
Fax (508) 665-4313

cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com

www.petrinilaw.comhttp://www.petrinilaw.com/

<image002.jpg>

<image008.jpg>

<image004.jpg>

<image005.jpg>

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material.  Any review, retransmission, dissemination, or other use of, or taking any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.  If you receive this in error, please contact the sender and delete the material from any computer.

IRS CIRCULAR 230 DISCLOSURE: To ensure compliance with the requirements imposed by the IRS, Petrini & Associates, P.C. hereby provides notice to the recipient(s) of this e-mail that any U.S. tax advice herein contained in this communication, including any attachments hereto, is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 2:21 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] FFCRA, H.R. 6201 Summary

Karen White with the Louisiana Municipal Association found that a lot of the questions that were asked are addressed in the FFCRA, H.R. 6201. She very kindly provided a summary of that act that will answer some questions. I am attaching it here and it is now in the DropBox as well.

<image006.png>

Caroline Storer
Marketing and Administrative Coordinator

International Municipal Lawyers Association, Inc.

<image007.png>

A 51 Monroe St., Suite 404, Rockville, MD 20850

<image009.jpg>http://www.facebook.com/IMLA-259977855541/

<image010.jpg>http://www.linkedin.com/company/international-municipal-lawyers-association-inc./

http://twitter.com/imlalegal

<image011.png>http://twitter.com/imlalegal

http://soundcloud.com/internationalmunicipallawyersassociation

<image013.jpg>http://soundcloud.com/internationalmunicipallawyersassociation

P (202) 466-5424 ext. 7104  M (202) 246-6050

W www.imla.orghttp://www.imla.org/

Plan Ahead!

IMLA's 2020 Mid-Year Seminarhttps://imla.org/events/seminars, April 24-27 in Washington, DC!

IMLA's 85th Annual Conferencehttp://imla.org/events/conferences, September 23-27 in La Quinta, CA!

Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org

One thing definitely not covered unless specified in a state law is local authority to expedite local purchases, contract, Council normal review/approval, and most important (from FEMA perspective) public notice and comment established in municipality codes, ordinances, policy,etc.

Get Outlook for Androidhttps://aka.ms/ghei36

From: Camille Thompson CThompson@bentonvillear.com
Sent: Friday, March 20, 2020 1:52:09 PM
To: Brett Kriger bkriger@lma.org; Lindsey, Tom Tom.Lindsey@worthington.org; Houston, Norma nhouston@sog.unc.edu
Cc: disasterrelief@lists.imla.org disasterrelief@lists.imla.org
Subject: RE: [Disasterrelief] FFCRA, H.R. 6201 Summary

This prompts a follow up question.  If your county has made a local disaster declaration, would that suffice as the local declaration to cover the cities as well, or should they also make such a declaration.

From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Brett Kriger
Sent: Friday, March 20, 2020 1:18 PM
To: Lindsey, Tom Tom.Lindsey@worthington.org; Houston, Norma nhouston@sog.unc.edu
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Don't want to sound like I'm splitting hairs with Hq or any FEMA region but from nearly 30 years of being a State Coordinating Officer, Governor's Authorized Representative, FEMA Hq DAE, FEMA Contractor, appeals consultant (that won), and Lead instructor for the Disaster Recovery Management course at EMI you can save a lot of grief later on with inspectors and auditors if you made a local emergency declaration.

Later on those people will just say show it to me in the Stafford Act or 44 CFR.

A FEMA auditor after a Hurricane denied the validity of an authorization I, as GAR, had in writing, sent directly from the White House and signed by the President. FEMA IG determination was that the President exceeded his authority as stated in the Stafford Act.

An emergency declaration takes almost no time and costs you nothing.  In most states you can do it verbally with a memo.

Get Outlook for Androidhttps://aka.ms/ghei36

From: Houston, Norma <nhouston@sog.unc.edumailto:nhouston@sog.unc.edu>
Sent: Friday, March 20, 2020 12:59:46 PM
To: Brett Kriger <bkriger@lma.orgmailto:bkriger@lma.org>; Lindsey, Tom <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: RE: [Disasterrelief] FFCRA, H.R. 6201 Summary

Hi listmates:

Here in North Carolina, we requested guidance on this issue at the beginning of the week, and FEMA Region IV advised that local state of emergency declarations are not necessary for this event for purposes of FEMA PA reimbursement eligibility.  Please note that our guidance came from Region IV, not FEMA HQ.  If you are concerned or uncertain about this issue, you may want to seek guidance from your FEMA Regions or your state EM departments. That being said, I agree with Brett’s comments about all the other reasons why issuing a local declaration is prudent, and we’ve been advising the same here while also making clear to our locals that, in NC, a local SoE is not required in this event solely for the purpose of being eligible for FEMA reimbursement.

If it’s helpful to know, the manner in which the President’s emergency declaration (Title V of the Stafford Act) was issued mooted the normal requirement that Governors each request a declaration for their individual states (the President’s declaration was made applicable nationwide automatically).  Whether that will be the case if the President issues a major disaster declaration (Title IV of the Stafford Act; different type of declaration that triggers additional Stafford Act disaster relief programs) remains to be seen.

If anyone has any updated information on the status of a Presidential Major Disaster Declaration, please share.  I’ve heard nothing in the last 12 hours on this, but it is a rapidly evolving situation.

Stay safe everyone,

Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston

Lecturer in Public Law and Government

The University of North Carolina at Chapel Hill

Campus Box 3330, Knapp-Sanders Building

Chapel Hill, NC 27599-3330

T: 919.843.8930

www.sog.unc.eduhttp://www.sog.unc.edu/

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Brett Kriger
Sent: Friday, March 20, 2020 10:57 AM
To: Lindsey, Tom <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

In Louisiana, we advise municipalities that a declaration is "prudent" for several reasons:

• puts the emergency authorities under state laws in effect for the mayor a well as the parish President

• enables emergency bid, contacting, and purchase precedes in place

• establishes the incident period for the municipality that may vary from the parish

• anticipates that an additional event may occur that has a different incident period that must be tracked and reported

On Mar 20, 2020 9:38 AM, "Lindsey, Tom" <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org> wrote:

I am not sure if a local declaration is necessary since the President has already declared a national emergency.

I believe locals will still need to request funding through the States, perhaps within 30 days.

Here are some FEMA guidance materials.

WARNING I am not a FEMA legal expert!

Respectfully,

Tom Lindsey

Law Director

City of Worthington

374 Highland Avenue

Worthington, OH 43085

614-431-2424 (Office)

614-880-1467 (Fax)

Tom.Lindsey@Worthington.orgmailto:tlindsey@ci.worthington.oh.us

Confidential: The contents of this e-mail are protected by various legal privileges which include the attorney client privilege and work product privilege.  Other privileges may also apply.  The contents of this e-mail, including any attachments or other emails (hereinafter the “email”) are intended solely for the designated recipients as identified by name in the “To”, “CC”, or “BC” lines of this e-mail.  If you are not designated as a recipient by name, please delete the e-mail from your inbox immediately.  Your receipt was the product of an inadvertent disclosure or an unintentional violation of the confidentiality and privileges which apply.  Do not disclose the contents of this e-mail to anyone.  Notify the sender immediately of your receipt.  All rights of the sender for violations of the confidentiality of this e-mail are expressly reserved.  Sender has not waived and did not intend, directly or indirectly, to waive any privilege, in whole or in part.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Petria Bengoechea
Sent: Friday, March 20, 2020 10:14 AM
To: Chris Balch <chris@balchlawgroup.commailto:chris@balchlawgroup.com>; Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I believe this is only true if you declare a local state of emergency, but maybe someone else can chime in?

Petria Bengoechea

City Attorney

City of Alamogordo

1376 E. 9th St | Alamogordo, NM 88310

Office: 575.439.4210 | Cell: 575.430.0346

“You have to do the right thing. You may never know what results come from your action, but if you do nothing, there will be no result.” – Gandhi

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The preceding message (including attachments) constitutes a confidential attorney-client privileged document, or is otherwise a confidential communication from the Office of the City Attorney that is covered by the Electronic Communications Privacy Act, 13 U.S.C. Section 2510-2521 and is intended solely for the use of the individual(s) or entity to whom it is addressed.  It is not intended for transmission to or receipt by any unauthorized person.  If you are not the intended recipient or you received these documents by mistake or error, please do not read it and immediately notify us by telephone (575) 439-4210 for instruction on its destruction or return.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, action or reliance upon the contents of the document is strictly prohibited.

THINK BEFORE YOU SEND: New Mexico law requires government agencies to disclose to the public, upon request, most written communications, including those in electronic form.  Persons communicating with City employees should expect that any communications could be released to the public and that this disclosure could include the email addresses of those communicating with City employees.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chris Balch
Sent: Friday, March 20, 2020 8:01 AM
To: Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Isn’t government eligible for reimbursement of disaster related expenses via FEMA?

Best,

--Chris

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> on behalf of Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>
Date: Friday, March 20, 2020 at 9:43 AM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>, Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: "disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org" <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Thank you all so much for this information.  It has been so helpful.

LAYLAH SMITH, GNRC

o: 615-880-3519

c: 615-579-1600

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Thursday, March 19, 2020 3:20 PM
To: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

That is accurate and confirmed by NLC.  There is a push to change it, but not likely.

KDW

Get Outlook for Androidhttps://aka.ms/ghei36

From: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Sent: Thursday, March 19, 2020 3:14:46 PM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>
Cc: Christopher J. Petrini <cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I’m reading the version passed by the Senate. My understanding is that government will not be reimbursed per Section 7001(e)(4) and Section 7003(e)(4).

Thoughts?

Amanda

Sent from my iPhone

On Mar 19, 2020, at 2:10 PM, Karen White <kwhite@lma.orgmailto:kwhite@lma.org> wrote:

It has been signed by the President and I pulled the summary from the enacted text based on the best of my ability, but I have no pride in someone looking over and making sure it’s spot on.

<image001.jpg>

Karen Day White

Executive Counsel

Louisiana Municipal Association

700 N. 10th Street, Suite 400

Baton Rouge, LA  70802

Telephone:  (225) 332-7670

Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Christopher J. Petrini
Sent: Thursday, March 19, 2020 1:30 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Please confirm whether H.R. 6201 as helpfully summarized by Karen White (thank you Karen!) has been approved by the Senate and signed by the President, and is thus law, and that this summary accurately reflects the enacted version. Thank you.

Christopher J. Petrini
Petrini & Associates, P.C.
372 Union Avenue
Framingham, MA 01702
Tel. (508) 665-4310
Fax (508) 665-4313

cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com

www.petrinilaw.comhttp://www.petrinilaw.com/

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From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 2:21 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] FFCRA, H.R. 6201 Summary

Karen White with the Louisiana Municipal Association found that a lot of the questions that were asked are addressed in the FFCRA, H.R. 6201. She very kindly provided a summary of that act that will answer some questions. I am attaching it here and it is now in the DropBox as well.

<image006.png>

Caroline Storer
Marketing and Administrative Coordinator

International Municipal Lawyers Association, Inc.

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A 51 Monroe St., Suite 404, Rockville, MD 20850

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Plan Ahead!

IMLA’s 2020 Mid-Year Seminarhttps://imla.org/events/seminars, April 24-27 in Washington, DC!

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Disasterrelief mailing list
Disasterrelief@lists.imla.orgmailto:Disasterrelief@lists.imla.org
http://lists.imla.org/mailman/listinfo/disasterrelief_lists.imla.org

In California, a county's declaration does not cover cities within the county.  Each city must issue its own local emergency proclamation.  A county's public health order applies to the unincorporated areas of the county and to any city that contracts with the county for public health officer services.

Gregory P. Priamos
County Counsel
County of Riverside
gpriamos@rivco.orgmailto:gpriamos@rivco.org
951.955.6300
[CountyLogo]

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From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Camille Thompson
Sent: Friday, March 20, 2020 11:52 AM
To: 'Brett Kriger' bkriger@lma.org; Lindsey, Tom Tom.Lindsey@worthington.org; Houston, Norma nhouston@sog.unc.edu
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

This prompts a follow up question.  If your county has made a local disaster declaration, would that suffice as the local declaration to cover the cities as well, or should they also make such a declaration.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Brett Kriger
Sent: Friday, March 20, 2020 1:18 PM
To: Lindsey, Tom <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org>; Houston, Norma <nhouston@sog.unc.edumailto:nhouston@sog.unc.edu>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Don't want to sound like I'm splitting hairs with Hq or any FEMA region but from nearly 30 years of being a State Coordinating Officer, Governor's Authorized Representative, FEMA Hq DAE, FEMA Contractor, appeals consultant (that won), and Lead instructor for the Disaster Recovery Management course at EMI you can save a lot of grief later on with inspectors and auditors if you made a local emergency declaration.
Later on those people will just say show it to me in the Stafford Act or 44 CFR.
A FEMA auditor after a Hurricane denied the validity of an authorization I, as GAR, had in writing, sent directly from the White House and signed by the President. FEMA IG determination was that the President exceeded his authority as stated in the Stafford Act.
An emergency declaration takes almost no time and costs you nothing.  In most states you can do it verbally with a memo.
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From: Houston, Norma <nhouston@sog.unc.edumailto:nhouston@sog.unc.edu>
Sent: Friday, March 20, 2020 12:59:46 PM
To: Brett Kriger <bkriger@lma.orgmailto:bkriger@lma.org>; Lindsey, Tom <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: RE: [Disasterrelief] FFCRA, H.R. 6201 Summary

Hi listmates:

Here in North Carolina, we requested guidance on this issue at the beginning of the week, and FEMA Region IV advised that local state of emergency declarations are not necessary for this event for purposes of FEMA PA reimbursement eligibility.  Please note that our guidance came from Region IV, not FEMA HQ.  If you are concerned or uncertain about this issue, you may want to seek guidance from your FEMA Regions or your state EM departments. That being said, I agree with Brett's comments about all the other reasons why issuing a local declaration is prudent, and we've been advising the same here while also making clear to our locals that, in NC, a local SoE is not required in this event solely for the purpose of being eligible for FEMA reimbursement.

If it's helpful to know, the manner in which the President's emergency declaration (Title V of the Stafford Act) was issued mooted the normal requirement that Governors each request a declaration for their individual states (the President's declaration was made applicable nationwide automatically).  Whether that will be the case if the President issues a major disaster declaration (Title IV of the Stafford Act; different type of declaration that triggers additional Stafford Act disaster relief programs) remains to be seen.

If anyone has any updated information on the status of a Presidential Major Disaster Declaration, please share.  I've heard nothing in the last 12 hours on this, but it is a rapidly evolving situation.

Stay safe everyone,

Norma

[http://www.sog.unc.edu/dailybulletin/images/SOGLogoForEmail.gif]Norma R. Houston

Lecturer in Public Law and Government

The University of North Carolina at Chapel Hill

Campus Box 3330, Knapp-Sanders Building

Chapel Hill, NC 27599-3330

T: 919.843.8930

www.sog.unc.eduhttps://urldefense.com/v3/__http:/www.sog.unc.edu/__;!!JTyGX330HN5x6Ko!V4FERzZl66Hshulyx-M8-xP5rSies_sUdwiCWocx6Zg1NNnh7E3qiS--jNvdiso$

E-mails sent to or from this e-mail address that relate to the School of Government's work are public records and may be subject to public access under the North Carolina public records law.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Brett Kriger
Sent: Friday, March 20, 2020 10:57 AM
To: Lindsey, Tom <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

In Louisiana, we advise municipalities that a declaration is "prudent" for several reasons:

• puts the emergency authorities under state laws in effect for the mayor a well as the parish President

• enables emergency bid, contacting, and purchase precedes in place

• establishes the incident period for the municipality that may vary from the parish

• anticipates that an additional event may occur that has a different incident period that must be tracked and reported

On Mar 20, 2020 9:38 AM, "Lindsey, Tom" <Tom.Lindsey@worthington.orgmailto:Tom.Lindsey@worthington.org> wrote:

I am not sure if a local declaration is necessary since the President has already declared a national emergency.

I believe locals will still need to request funding through the States, perhaps within 30 days.

Here are some FEMA guidance materials.

WARNING I am not a FEMA legal expert!

Respectfully,

Tom Lindsey

Law Director

City of Worthington

374 Highland Avenue

Worthington, OH 43085

614-431-2424 (Office)

614-880-1467 (Fax)

Tom.Lindsey@Worthington.orgmailto:tlindsey@ci.worthington.oh.us

Confidential: The contents of this e-mail are protected by various legal privileges which include the attorney client privilege and work product privilege.  Other privileges may also apply.  The contents of this e-mail, including any attachments or other emails (hereinafter the "email") are intended solely for the designated recipients as identified by name in the "To", "CC", or "BC" lines of this e-mail.  If you are not designated as a recipient by name, please delete the e-mail from your inbox immediately.  Your receipt was the product of an inadvertent disclosure or an unintentional violation of the confidentiality and privileges which apply.  Do not disclose the contents of this e-mail to anyone.  Notify the sender immediately of your receipt.  All rights of the sender for violations of the confidentiality of this e-mail are expressly reserved.  Sender has not waived and did not intend, directly or indirectly, to waive any privilege, in whole or in part.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Petria Bengoechea
Sent: Friday, March 20, 2020 10:14 AM
To: Chris Balch <chris@balchlawgroup.commailto:chris@balchlawgroup.com>; Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I believe this is only true if you declare a local state of emergency, but maybe someone else can chime in?

Petria Bengoechea

City Attorney

City of Alamogordo

1376 E. 9th St | Alamogordo, NM 88310

Office: 575.439.4210 | Cell: 575.430.0346

"You have to do the right thing. You may never know what results come from your action, but if you do nothing, there will be no result." - Gandhi

[cid:image009.png@01D5FEAF.27CDFA80]      [cid:image010.png@01D5FEAF.27CDFA80]

The preceding message (including attachments) constitutes a confidential attorney-client privileged document, or is otherwise a confidential communication from the Office of the City Attorney that is covered by the Electronic Communications Privacy Act, 13 U.S.C. Section 2510-2521 and is intended solely for the use of the individual(s) or entity to whom it is addressed.  It is not intended for transmission to or receipt by any unauthorized person.  If you are not the intended recipient or you received these documents by mistake or error, please do not read it and immediately notify us by telephone (575) 439-4210 for instruction on its destruction or return.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, action or reliance upon the contents of the document is strictly prohibited.

THINK BEFORE YOU SEND: New Mexico law requires government agencies to disclose to the public, upon request, most written communications, including those in electronic form.  Persons communicating with City employees should expect that any communications could be released to the public and that this disclosure could include the email addresses of those communicating with City employees.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chris Balch
Sent: Friday, March 20, 2020 8:01 AM
To: Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>; Karen White <kwhite@lma.orgmailto:kwhite@lma.org>; Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Isn't government eligible for reimbursement of disaster related expenses via FEMA?

Best,

--Chris

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> on behalf of Laylah Smith <lsmith@gnrc.orgmailto:lsmith@gnrc.org>
Date: Friday, March 20, 2020 at 9:43 AM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>, Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: "disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org" <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Thank you all so much for this information.  It has been so helpful.

LAYLAH SMITH, GNRC

o: 615-880-3519

c: 615-579-1600

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Thursday, March 19, 2020 3:20 PM
To: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Cc: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

That is accurate and confirmed by NLC.  There is a push to change it, but not likely.

KDW

Get Outlook for Androidhttps://urldefense.com/v3/__https:/aka.ms/ghei36__;!!JTyGX330HN5x6Ko!V4FERzZl66Hshulyx-M8-xP5rSies_sUdwiCWocx6Zg1NNnh7E3qiS--6oiJKU0$

From: Amanda Stanley <astanley@lkm.orgmailto:astanley@lkm.org>
Sent: Thursday, March 19, 2020 3:14:46 PM
To: Karen White <kwhite@lma.orgmailto:kwhite@lma.org>
Cc: Christopher J. Petrini <cpetrini@petrinilaw.commailto:cpetrini@petrinilaw.com>; Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org <disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org>
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

I'm reading the version passed by the Senate. My understanding is that government will not be reimbursed per Section 7001(e)(4) and Section 7003(e)(4).

Thoughts?

Amanda

Sent from my iPhone

On Mar 19, 2020, at 2:10 PM, Karen White <kwhite@lma.orgmailto:kwhite@lma.org> wrote:

It has been signed by the President and I pulled the summary from the enacted text based on the best of my ability, but I have no pride in someone looking over and making sure it's spot on.

<image001.jpg>

Karen Day White

Executive Counsel

Louisiana Municipal Association

700 N. 10th Street, Suite 400

Baton Rouge, LA  70802

Telephone:  (225) 332-7670

Facsimile:  (225) 490-8903

DISCLAIMER:  This material is being provided as technical assistance only.  The information contained in this e-mail shall not be considered in any way as a legal opinion.  LMA Board policy prohibits the LMA staff from providing a legal opinion to member municipalities.  Should you need a legal opinion on this issue, please contact your municipal attorney.

From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Christopher J. Petrini
Sent: Thursday, March 19, 2020 1:30 PM
To: Caroline Storer <Cstorer@imla.orgmailto:Cstorer@imla.org>; disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary

Please confirm whether H.R. 6201 as helpfully summarized by Karen White (thank you Karen!) has been approved by the Senate and signed by the President, and is thus law, and that this summary accurately reflects the enacted version. Thank you.

Christopher J. Petrini
Petrini & Associates, P.C.
372 Union Avenue
Framingham, MA 01702
Tel. (508) 665-4310
Fax (508) 665-4313

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From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Caroline Storer
Sent: Thursday, March 19, 2020 2:21 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: [Disasterrelief] FFCRA, H.R. 6201 Summary

Karen White with the Louisiana Municipal Association found that a lot of the questions that were asked are addressed in the FFCRA, H.R. 6201. She very kindly provided a summary of that act that will answer some questions. I am attaching it here and it is now in the DropBox as well.

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Caroline Storer
Marketing and Administrative Coordinator

International Municipal Lawyers Association, Inc.

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A 51 Monroe St., Suite 404, Rockville, MD 20850

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