GRC(LEGAL) - RELATIONS WITH GOVERNMENTAL ENTITIES: EMERGENCY MANAGEMENT

Emergency Assistance

A district may provide emergency assistance to another local government, whether or not the district and the local government have previously agreed or contracted to provide that kind of assistance, if:

In the opinion of the presiding officer of the other local government, a state of civil emergency exists that requires assistance from the district and the presiding officer requests assistance; and

Before the emergency assistance is provided, the board authorizes the district to provide the assistance by resolution or other official action.

Similarly, if in the opinion of a board president a civil emergency exists in the district that requires assistance from another local government, the board president may request assistance.

Gov't Code 791.027

Mutual Aid

A district that maintains the capability to provide mutual aid may render mutual aid to other local government entities under mutual aid agreements or the Texas Statewide Mutual Aid System. Gov't Code 418.107(c)

A district may provide mutual aid assistance on request from another local government entity or organized volunteer group. A superintendent, with the approval and consent of the board president, may provide that assistance while acting in accordance with the policies, ordinances, and procedures established by the board. Gov't Code 418.109(d)

Definitions

Local Government Entity

"Local government entity" means a county, incorporated city, independent school district, public junior college district, emergency services district, other special district, joint board, or other entity defined as a political subdivision under Texas law that maintains the capability to provide mutual aid.

Mutual Aid

"Mutual aid" means a homeland security activity, as defined by Government Code 421.001, performed under the system or a written mutual aid agreement.

Gov't Code 418.004

Requests for Assistance

A request for mutual aid assistance may be submitted verbally or in writing. If a request is submitted verbally, it must be confirmed in writing. Gov't Code 418.115

Ability to Render Assistance

When contacted with a request for mutual aid assistance, a district shall assess local resources to determine availability of personnel, equipment, and other assistance to respond to the request.

A responding local government entity may provide assistance to the extent personnel, equipment, and resources are determined to be available. A local government entity is not required to provide mutual aid assistance unless the entity determines that the entity has sufficient resources to provide assistance, based on current or anticipated events in its jurisdiction.

Gov't Code 418.1151

Supervision and Control

When providing mutual aid assistance under the system:

The response effort must be organized and function in accordance with the National Incident Management System guidelines;

The personnel, equipment, and resources of a district being used in the response effort are under the operational control of the requesting local government entity unless otherwise agreed;

Direct supervision and control of personnel, equipment, and resources and personnel accountability remain the responsibility of the designated supervisory personnel of the district;

The designated supervisory personnel of the district shall:

Maintain daily personnel time records, material records, and a log of equipment hours;

Be responsible for the operation and maintenance of the equipment and other resources furnished by the district; and

Report work progress to the requesting local government entity.

The district's personnel and other resources are subject to recall at any time, subject to reasonable notice to the requesting local government entity.

Gov't Code 418.1152

Duration of Aid

The provision of mutual aid assistance under the system may continue until:

The services of a district are no longer required; or

The district determines that further assistance should not be provided.

Gov't Code 418.1153

Employee Rights and Privileges

A person assigned, designated, or ordered to perform duties by the district employing the person in response to a request under the Texas Statewide Mutual Aid System is entitled to receive the same wages, salary, pension, and other compensation and benefits, including injury or death benefits, disability payments, and workers' compensation benefits, for the performance of the duties under the system as though the services were rendered for the entity employing the person.

The district employing the person is responsible for the payment of wages, salary, pension, and other compensation and benefits associated with the performance of duties under the system.

Gov't Code 418.116

Reimbursement of Costs

If the division of emergency management in the office of the governor requests the provision of assistance and a district responds, the state shall reimburse the actual costs of providing assistance, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, incurred by the district. A request for reimbursement made to the division must be made in accordance with procedures developed by the division. Gov't Code 418.118

If a local government entity requests mutual aid assistance from a district under the system that requires a response that exceeds 12 consecutive hours, the local government entity shall reimburse the actual costs of providing mutual aid assistance to the district, including costs for personnel, operation and maintenance of equipment, damaged equipment, food, lodging, and transportation, incurred by the district in response to a request for reimbursement. Local government entities with a mutual aid agreement when the request for mutual aid assistance is made are subject to the agreement's terms of reimbursement, as provided by Government Code 418.111. Gov't Code 418.1181

Infection Control Officer

A district that employs or uses the services of an emergency response employee or volunteer shall nominate a designated infection control officer and an alternate designated infection control officer to:

Receive notification of a potential exposure to a reportable disease from a health-care facility;

Notify the appropriate health-care providers of a potential exposure to a reportable disease;

Act as a liaison between the district's emergency response employees or volunteers who may have been exposed to a reportable disease during the course and scope of employment or service as a volunteer and the destination hospital of the patient who was the source of the potential exposure;

Investigate and evaluate an exposure incident, using current evidence-based information on the possible risks of communicable disease presented by the exposure incident; and

Monitor all follow-up treatment provided to the affected emergency response employee or volunteer, in accordance with applicable federal, state, and local law.

Health and Safety Code 81.012

Definitions

"Emergency response employee or volunteer" means an individual acting in the course and scope of employment or service as a volunteer as emergency medical service personnel, a peace officer, or a fire fighter.

"Reportable disease" means a disease or condition included in the list of reportable diseases and includes a disease that is designated as reportable under Health and Safety Code 81.048.

Health and Safety Code 81.003(1-a), (8)

Notice to Local Health Authority

A district that employs or uses the services of an emergency response employee or volunteer is responsible for notifying the local health authorities or local health-care facilities, according to any local rules or procedures, that the district has a designated infection control officer or alternate designated infection control officer. Health and Safety Code 81.012(c)

Morgan Mill ISD

GRC(LEGAL)-P

UPDATE 114

DATE ISSUED: 11/18/2019