Re: [Disasterrelief] FFCRA, H.R. 6201 Summary
Camille, we are recommending that our municipalities make the declaration, as well, while continuing to coordinate with parish OEP. That is exactly how our disaster management laws are written - make your declaration, send it to the parish OEP, and coordinate through them.
Karen White
Executive Counsel
Louisiana Municipal Association
700 N. 10th Street, Fourth Floor
Baton Rouge, Louisiana 70802
Telephone: 225-332-7670
From: Disasterrelief disasterrelief-bounces@lists.imla.org on behalf of Camille Thompson CThompson@bentonvillear.com
Sent: Friday, March 20, 2020 1:52 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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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.
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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
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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
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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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International Municipal Lawyers Association, Inc.
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Agree with all the comments regarding the absence of a legal requirement to locally declare an emergency when Federal and State emergencies have been declared. That being said a local declaration independent of the Federal, State, and County declarations by either statutory or home rule municipalities is a very good idea.
As Brett stated having a municipal declaration can smooth the road when requesting both Federal and State reimbursements especially when dealing with federal auditors and/or the rule orientated bureaucrats. The majority of Colorado municipalities have issued their own emergency declarations. While the City of Colorado Spring's declaration occurred after the Colorado Governor's declaration we backdated the time of our declaration to correspond with the State's declaration to ensure consistency. A copy is attached.
Frederick Stein
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From: Disasterrelief [mailto:disasterrelief-bounces@lists.imla.org] On Behalf Of Camille Thompson
Sent: Friday, March 20, 2020 12:52 PM
To: 'Brett Kriger'; Lindsey, Tom; Houston, Norma
Cc: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary
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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.
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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
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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.
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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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I think making your own declaration is good and prophylactic advice. It's easy to do, gives authority to act if necessary and helps with the FEMA auditors.
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Karen White
Sent: Friday, March 20, 2020 3:01 PM
To: Camille Thompson CThompson@bentonvillear.com; 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
Camille, we are recommending that our municipalities make the declaration, as well, while continuing to coordinate with parish OEP. That is exactly how our disaster management laws are written - make your declaration, send it to the parish OEP, and coordinate through them.
Karen White
Executive Counsel
Louisiana Municipal Association
700 N. 10th Street, Fourth Floor
Baton Rouge, Louisiana 70802
Telephone: 225-332-7670
If anyone has samples that they could send me directly at astanley@lkm.orgmailto:astanley@lkm.org I would appreciate it.
Amanda
From: Disasterrelief disasterrelief-bounces@lists.imla.org On Behalf Of Chuck Thompson
Sent: Friday, March 20, 2020 2:19 PM
To: disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary
I think making your own declaration is good and prophylactic advice. It's easy to do, gives authority to act if necessary and helps with the FEMA auditors.
From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Friday, March 20, 2020 3:01 PM
To: Camille Thompson <CThompson@bentonvillear.commailto:CThompson@bentonvillear.com>; Brett Kriger <bkriger@lma.orgmailto:bkriger@lma.org>; 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
Camille, we are recommending that our municipalities make the declaration, as well, while continuing to coordinate with parish OEP. That is exactly how our disaster management laws are written - make your declaration, send it to the parish OEP, and coordinate through them.
Karen White
Executive Counsel
Louisiana Municipal Association
700 N. 10th Street, Fourth Floor
Baton Rouge, Louisiana 70802
Telephone: 225-332-7670
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 Amanda Stanley
Sent: Friday, March 20, 2020 12:20 PM
To: Chuck Thompson cthompson@imla.org; disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary
If anyone has samples that they could send me directly at astanley@lkm.orgmailto:astanley@lkm.org I would appreciate it.
Amanda
From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Chuck Thompson
Sent: Friday, March 20, 2020 2:19 PM
To: disasterrelief@lists.imla.orgmailto:disasterrelief@lists.imla.org
Subject: Re: [Disasterrelief] FFCRA, H.R. 6201 Summary
I think making your own declaration is good and prophylactic advice. It's easy to do, gives authority to act if necessary and helps with the FEMA auditors.
From: Disasterrelief <disasterrelief-bounces@lists.imla.orgmailto:disasterrelief-bounces@lists.imla.org> On Behalf Of Karen White
Sent: Friday, March 20, 2020 3:01 PM
To: Camille Thompson <CThompson@bentonvillear.commailto:CThompson@bentonvillear.com>; Brett Kriger <bkriger@lma.orgmailto:bkriger@lma.org>; 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
Camille, we are recommending that our municipalities make the declaration, as well, while continuing to coordinate with parish OEP. That is exactly how our disaster management laws are written - make your declaration, send it to the parish OEP, and coordinate through them.
Karen White
Executive Counsel
Louisiana Municipal Association
700 N. 10th Street, Fourth Floor
Baton Rouge, Louisiana 70802
Telephone: 225-332-7670
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County of Riverside California http://www.countyofriverside.us/
Great advice!
Susana Alcala Wood
City Attorney
915 I Street, Fourth Floor
Sacramento, CA 95814
916-808-5346
sawood@cityofsacramento.org
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From: Disasterrelief disasterrelief-bounces@lists.imla.org on behalf of Brett Kriger bkriger@lma.org
Sent: Friday, March 20, 2020 11:18 AM
To: 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
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.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
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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
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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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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./
<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!
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