Tribal Legal Preparedness Best Practices Toolkit Welcome Welcome to - PDF document

Tribal Legal Preparedness Best Practices Toolkit Welcome Welcome to “Tribal Legal Preparedness Best Practices Toolkit.” This learning module is the final module in a series of modules developed by the Tribal Legal Preparedness Project to assist Tribal Nations interested in expanding their legal preparedness capacity. Please use the next button at the bottom of the screen to navigate through this module. 1

Disclaimer The contents of this module have not been formally disseminated by the Centers for Disease Control and Prevention, ChangeLab Solutions, and the Center for Public Health Practice. The contents should not be construed to represent any agency/organization determination or policy. These module materials are for instructional use only and are not intended as a substitute for professional legal or other advice. While every effort has been made to verify the accuracy of these materials, legal authorities and requirements may vary from jurisdiction to jurisdiction and change over time. Always seek the advice of an attorney or other qualified professional with any questions you may have regarding a legal matter. 2

Navigating Through This Module This module is designed to be interactive. If a slide is interactive or includes an activity, instructions will be provided. When you see the book icon, click on it for more information. When you see the “i“ icon, click on it for slide instructions. When you see the orange play button, click on it for audio. When you see the blue play button, click on it for video. 3

Learning Objective At the end of this module, you will be able to:  Identify one legal best practice your Tribal Nation can implement. 4

Tribal Legal Preparedness Best Practices Toolkit Tribal Nations across the country have been dealing with emergencies for centuries. Emergency preparedness, response, and recovery in Indian Country is unique. The Tribal Legal Preparedness Project held a series of listening sessions with Tribal Nations across the country, to not only determine their training needs, but to also identify best practices. These best practices are the result of numerous conversations with Tribal emergency managers, Tribal officials, and Tribal health and public health professionals. These best practices are Tribes helping Tribes - Tribal members sharing what has worked for them. Although successful in their community, not all best practices listed will be possible for all Tribal Nations. This slide lists a number of issues Tribal Nations face:  Staffing;  Jurisdictional concerns;  Communication;  Planning;  Not meeting disaster declaration threshold;  Tribal leadership buy-in; and,  Funding. Click on each issue to learn more about the specific issue, best practices associated with the issue, and, for some best practices, to hear from an individual or individuals who have effectively addressed the issue in their community. Some best practices have audio or video. Click on the orange “play” button to listen to audio or the blue “play” button to view a video. Once you are finished viewing the best practices, please click the next button. 5

Tribal Legal Preparedness Best Practices Toolkit: Staffing One issue that many Tribal Nations face is that their emergency manager serves in other roles within Tribal government. These numerous roles make it difficult for this individual to focus on emergency management. In addition, there is a considerable administrative burden associated with the federal disaster assistance programs. If the emergency manager has other pressing duties he/she will not be able to oversee these administrative requirements. Another issue related to staffing is the education and training of staff who respond to disasters and emergencies, as sometimes people are put into these roles with little or no training. Still another issue is how to fund emergency management staff. A best practice is to have a dedicated emergency manager, as well as other personnel relevant to public health and emergency management. Many Tribal Nations have gone this route. Let’s hear from one of these emergency managers, Jeremie Fisher, Emergency Manager of the Cherokee Nation, by clicking on the orange “play” button. One option for Tribes to address staffing needs, if they are unable to hire a dedicated emergency manager, is to look to the Department of Interior agencies, like the Bureau of Land Management and the Bureau of Indian Affairs, for assistance. The Indian Health Service and the Federal Emergency Management Agency or FEMA may also be able to provide assistance. State agencies may also provide assistance. 6

Tribal Legal Preparedness Best Practices Toolkit: Jurisdictional Concerns Another issue nearly all Tribal Nations face is the need for collaboration and coordination with neighboring jurisdictions and other partners. Tribal Nations that have checkerboard jurisdiction face this issue every day; however, this is also an issue for reservation-based Tribal Nations because natural disasters and public health emergencies, like infectious disease outbreaks, do not obey jurisdictional boundaries. Entering into agreements with neighboring jurisdictions and key partners is one best practice to address jurisdictional concerns. Language regarding Tribal sovereignty should be included from the outset of the negotiations so that the government-to-government relationship is clear. An agreement model that is particularly efficient is to create one umbrella agreement that covers the basic and general terms of the agreement, and then adding addenda to that agreement to address specific situations or concerns. Rather than entering into formal agreements, informal collaboration with other jurisdictions can also help address jurisdictional concerns before a disaster or emergency strikes. Another best practice in relation to jurisdictional concerns is to join with other Tribal Nations for preparedness, response, and recovery. Examples of these types of organizations are the United South and Eastern Tribes (with 26 member Tribes) for eastern and southern Tribal Nations, the Northwest Tribal Emergency Management Council (with 24 member Tribes) for Tribes in the Pacific Northwest, and the California Tribal Nations Emergency Management Council. There are many other organizations as well. Please see the Tribal Legal Preparedness Project resource library for a listing of other organizations that may interest you. Click on the orange “play” button to hear how Jeremie Fisher, Emergency Manager of the Cherokee Nation, has addressed jurisdictional concerns. 7

Tribal Legal Preparedness Best Practices Toolkit: Communication The breakdown of communication and resulting lack of information during and after disasters and emergencies is a common issue, as normal communication channels may not function. As a result, Tribal government employees may be confused about whether or not they should report to work. And, Tribal citizens and community members may not be able to receive necessary information related to evacuation, sheltering, and available resources. Tribal elders may need special care. In addition, important documents, such as emergency plans, may not be accessible. Legal preparedness comes into play here, as planning is a key component to effective communication. Some important things to have formally established through planning and policy are emergency chain of command, legal authority for certain actions, and methods of public messaging and notification. There are several best practices related to communication challenges. In relation to Tribal elders, establish a phone tree to check on these individuals to ensure their safety and comfort. If the elder does not answer the phone or the phone system is not operating, have a back up plan in place, such as having law enforcement make physical contact with elders. In terms of employees, place icons on employee badges to indicate who is essential personnel that must report during declared emergencies. That way there is no confusion regarding who must report. Click on the orange box to view the badge system Pawnee Nation of Oklahoma has implemented. Different color stars indicate different roles. To ensure that the community receives necessary communication, create an automated mass notification system. To really make sure this works, it is important to educate the community so they know to look for information from these automated messages. Finally, ensure that important documents like emergency plans are available offline if there is no internet 8

access during or after the event. Click on the orange “play” button to hear how Cassie Diver, Planning Researcher at Fond du L ac Band of Lake Superior Chippewa, has addressed communication issues. 9