**JACKSONVILLE STATE UNIVERSITY**

**JACKSONVILLE STATE UNIVERSITY**

**MASTER OF PUBLIC ADMINISTRATION with a**

**CONCENTRATION in EMERGENCY MANAGEMENT**

A total of 36 graduate semester hours is required for the degree with 15
required semester hours in public administration courses, IS required
semester hours in the concentration, and 6 semester hours of electives.

Required public administration courses:

> PSC 481G Public Administration (3)
>
> PSC 502 Research Methods in Public Administration (3)
>
> PSC 531 Public Personnel Administration (3)
>
> PSC 532 Public Finance Administration (3)
>
> and
>
> PSC 521 Administrative Law (3)
>
> or
>
> PSC 545 Seminar in Public Administration (3)

Required emergency management courses:

> EM 505 Introduction to Emergency Management (3)
>
> EM 515 Legal Aspects of Emergency Management (3)
>
> EM 525 Damage Assessment and Recovery (3)
>
> EM 535 Initiatives Against Terrorism (3)
>
> EM 550 Integrated Emergency Management (3)

The remaining six hours are electives to be determined through faculty
advisement.

A description of the public administration and emergency management
courses is provided at the end of this document.

The Master of Public Administration with a concentration in emergency
management is for mid-career professionals who want to enter the
emergency management field or for those employed in emergency management
positions who need graduate work to meet their professional development.
There are a number of professionals employed in both the private and
public sectors who have indicated an interest in this program.

Recent events have intensified the significant student demand for this
program within the JSU service area. On December 9, 1997, the
establishment of the National Center for Domestic Preparedness at Fort
McClellan, Alabama, was announced. Federal funding for FY 1998 is
\$5,000,000 with anticipated funding of \$20,000,000 per year
thereafter. This center will provide chemical, biological and nuclear
counter terrorism training to the nation's first responders as well as
other emergency management professionals. Jacksonville State University
is located 8 miles from Fort McClellan and played a key role in the
establishment of this center. Many of the estimated 2,000 trainees per
year, as well as the Center staff, will be candidates for this proposed
concentration.

As this concentration is multi-disciplinary, faculty to support this
program will be drawn from the existing graduate programs in business
administration, criminal justice, environmental science management,
political science, and psychology. The courses will be taught on the JSU
campus with the utilization of the Fort McClellan facilities as
laboratories. As the program develops, some of the courses may be
offered through distance learning via compressed video and Internet.

**Public Administration Course Descriptions (Prefix PSC)**

**PSC 481G. Public Administration (3).** Principles of public
administration with emphasis on public finance, personnel management,
and administrative law.

**PSC 502. Research Methods in Public Administration (3).** Social
research methods and their application to public administration;
examination of the role of social research in the analysis,
interpretation and clarification of problems in public administration.

**PSC 521. Administrative Law (3).** Legal principles and procedures
involved in administration of government agencies.

**PSC 531. Public Personnel Administration (3).** Functions, procedures,
and problems of personnel management at all levels of government.

**PSC 532. Public Finance Administration (3).** Collection, custody, and
expenditure of public revenue, public borrowing and debt management,
preparation and execution of the budget, and financial accountability of
public spending.

**PSC 545. Seminar in Public Administration (3).** Theories, or models,
of administrative organization and behavior and examination of
relationship between public administration and political process.

**Emergency Management Course Descriptions (Prefix EM) Required
Courses**

**EM 505 Introduction to Emergency Management (3).** Scope, objectives,
and principles of emergency management; preparedness, response,
mitigation, and recovery strategies; roles of federal, state and local
emergency management agencies, and private agencies.

**EM 515 Legal Aspects of Emergency Management (3).** Overview of the
most important federal and state legislation bearing on emergency
management in various types of disasters.

**EM 525 Damage Assessment and Recovery (3).** Examination of the
methods used in disaster assessment and procedures for providing
emergency supplies and services, including the establishment of
surveillance systems after a disaster.

**EM 535 Initiatives Against Terrorism (3).** Contemporary thinking and
current initiatives against domestic terrorism including nuclear,
biological, chemical and other hazards.

**EM 550 Integrated Emergency Management (3).** Concepts, methodology,
and elements for design and delivery of an integrated emergency
management system within the framework of county, state, and federal
systems. Prerequisites: EM 505, 515, and 525.

**Elective Courses**

***(Elective courses are in draft form and subject to change)***

**EM 540 Incident Command** Principles and procedures for command and
control of emergency situations during natural or man made disasters
including interaction of local, state and federal agencies and public
and private organizations.

**EM 560 Computers in Emergency Management (3).** Introduction to the
use of personal computers in emergency management, Analysis and
application of contemporary software used in and related to
emergency/contingency planning, including utilization of the Internet.
Use of hazard response modeling. Special emphasis on planning, resource
control, and business resumption after disasters.

**EM 575 Medical Aspects of Emergency Management.** An examination of
emergency management and medical command systems, a look at the
organization of first-level care at the disaster site, triage,
management of mass casualties, disaster coroner operations, legal issues
in medical disasters, provision of health services for disaster
situations, disaster implications for medical facilities, the
implementation of a disaster plan at a medical facility, development and
updating and evaluating hospital disaster management plans.

**Tentative Subject Syllabus**

**For**

**EM 515 Legal Aspects of Emergency Management**

This course will be offered on Tuesday evenings this spring semester.
The class will meet from 18.15 to 12.15 and will also be available via
the internet.

There will be no book. Students will be supplied with links to sites on
the Internet where they can find the required reading materials.

FEDERAL STATUTES IMPACTING EMERGENCY MANAGEMENT ACTIVITIES:

> THE ROBERT T. STAFFORD DISASTER ASSISTANCE AND EMERGENCY RELIEF ACT,
> AS AMENDED, 42 U.S.C. 5121, et seq.
> \<http://www.fema.gov/LAWS/Stafact.htm\>
>
> This is the major piece of federal legislation dictating procedures
> and responsibilities for federal action in the event of a disaster.
>
> SARA Title III, Community Right to Know Act
>
> \<http://www.epa.gov/swercepp/rules/epcra.html\>
>
> \<http://www.deq.state.mi.us/ead/sara/fact.html\>
>
> The Emergency Planning and Community Right-to-Know Act (also known as
> SARA Title III or EPCRA) provisions has four major sections: emergency
> planning (Section 301-303), emergency release notification (Section
> 304), community Right-to-Know reporting requirements (Sections
> 311-312) and toxic chemical release inventory (Section 313). This
> establishes positive duties on the part of state and local officials.
>
> 29 CFR § 1910.120 and APPENDICES - HAZARDOUS WASTE OPERATIONS AND
> EMERGENCY RESPONSE
>
> This statute covers the operations and training requirements for
> employees exposed to hazardous waste. The training requirements would
> be important in establishing a standard in the event of a suit dealing
> with inadequate training.

LIABILITY ISSUES IN EMERGENCY MANAGEMENT

The threat - essentially everyone can be sued for anything. Adherence to
the standards in the above mentioned statutes cannot prevent a suit, but
it can help build a defense.

I. Torts - what are they?

> Forms of tort liability - each will be defined along with its
> elements:

-   Strict

-   Intentional

-   Negligent

-   Warranty

-   Civil rights

II\. Elements of negligence - emphasizing examples which could happen
during an emergency

-   Duty - how it's established, such as by law, by ownership of
    property

-   Failure of duty - such as failure to warn, supervise, train,
    investigate complaints, respond

-   Legal cause

-   Actual loss or harm - including financial, damage to property,
    damage to people including psychological injuries

III\. Immunity Types

-   Absolute

-   Discretionary

-   Qualified

-   Statutory

Erosion of immunity for governmental officials

Effect purchasing insurance can have on immunity

IV\. Typical ways liability may be established

> Inadequate planning - plans nonexistent, out of date, never practiced
>
> Inadequate training - suits by the public; suits by employees;
> training not adequately evaluated for its effectiveness; injuries
> during training activities
>
> Failure to identify hazards
>
> Failure of duty to warn - warning methods and technologies change
>
> Negligent operation - poor outdated equipment, no procedures on how to
> deal with broken or outdated equipment
>
> Vicarious liability - municipal responsibility for the actions of
> employees acting in an emergency even if that employee wasn't meant to
> act in that capacity
>
> Inverse Condemnation - such as the fish kill from the Birmingham
> warehouse fire
>
> Attractive nuisance - especially regarding situations with children
> nearby

V. Required Standard of Care

> Analysis of "reasonable care under the circumstances" and "community
> standards"

VI\. Importance of working with Jurisdictional counsels

Risk management

I envision one evening where a hypothetical emergency situation is
constructed. I plan to invite a plaintiff s lawyer, a defense lawyer,
and a jurisdictional attorney to illustrate issues.

This course will be offered via the internet beginning with the spring
semester.