Thursday, May 27, 2010

[californiadisasters] Re: sharing CERT activation information

Dear Janet:

Commenting on you question on the forum as it may trigger advice from others. I sorry I did not comment earlier. I have no local knowledge of California law but recently retired after 27 years as a full-time Emergency Management Director in Massachusetts.

Civil defense activities were ongoing during WW II and after brief lull began again with the start of the Cold War in the easrly or mid 50's. At that time many states enacted a model law, with local variations, covering liability, benefits for injured volunteers etc.

The Massachusetts law has changed little since the 50's and provides that volunteers have the same liability protections as city and state employeees (i.e. no suits for torts other than intentional torts like assault), volunteers and staff are reimbursed by the state for all medical expenses. The downside of no changes since the 50's is that the benefit for a volunteer killed is $5000 to his family and lost wages for injured volunteers is capped at $37.50 per week. Not much in 2010 dollars. All of this is administered by the state Emergency Management Agency. I should note that to receive any benefits the volunteer or employee must be sworn in by an oath that differs a bit from the ordinary oath for sworn local employees. I aklways made sure all of my volunteers were sworn in by the City Clerk.

I would doubt very much if this is part of fire service procedures and would guess that your state or county Emergency Management agency would have all of the information on what your state procedures are as to liability, injury benefits etc. Maybe you could inquire and let the fire department liason with you unit know what needs to be done.

I hope this helps in some way. If someone out there has more California specific knowledge please feel free to jump in with comments and corrections.

David

--- In californiadisasters@yahoogroups.com, Janet Rayner <janetraynerart@...> wrote:
>
> I am the a CERT captain, trainer and president of the Brooktails CERT
> (Community Emergency Response Team) up here in Mendocino County. We are
> curious about procedures in other counties for activating CERT groups. We
> work directly under our fire chief here, but some of the other groups in the
> county do not have such a formal connection. Our area is currently trying to
> formulate a policy on activation with liability and swearing in during
> activation being questioned. Any information on how this is handled in your
> area will be greatly appreciated.
> Thanks
> Janet Rayner
>


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