Model Tribal Emergency Management Code

Abstract

Emergency management codes are sections of a government’s legal text that allow access to special powers or alternative procedures in order to deal with the impacts of an emergency or disaster situation. While ubiquitous amongst municipal and county governments, codified emergency management powers and procedures are far less prevalent amongst Tribal governments. This study investigates codification of emergency powers in a Tribal government context. To understand the core elements of emergency management codes, and their utility in Tribal governance structures, the authors conducted two qualitative analyses. First, an analysis of emergency management codes across Tribal, municipal, and county governments. Second, analysis of interviews conducted with Tribal emergency management practitioners. Through these analyses the study identifies five core elements of emergency management codes that are represented across each government type. These core elements include Purpose & Definitions, Continuity of Government, Declaration of Emergency, Duties of Emergency Management, and Authorized Emergency Orders. Each of these elements presents significant utility to a government through not only protecting and demonstrating sovereignty, but as a tool to clarify response procedures, powers, and coordination across jurisdiction. These findings allowed the authors to create a model emergency management code that provides implementation guidance, background information, analytical annotations, and adaptable example language for each of the five core elements of emergency management code.