text:
COMMONWEALTH vs. PIERRE A. ROBINSON.
INDICTMENT found and returned in the Superior Court Department on November 10, 1986.
A motion to suppress evidence was heard by John F. Murphy, Jr., J.
An application for an interlocutory appeal was granted by Nolan, J., in the Supreme Judicial Court for the county of Suffolk, and the appeal was reported by him.
Newman Flanagan, District Attorney, Kevin J. Ross & Lynn M. Beland, Assistant District Attorneys, for the Commonwealth.
ABRAMS, J. At issue is the correctness of an order allowing the defendant's motion to suppress evidence seized from the defendant's person. The Commonwealth applied to a single justice for leave to appeal. See Mass. R. Crim. P. 15 (b) (2), 378 Mass. 884 (1979). The single justice allowed the Commonwealth's application and transferred the case to this court. We reverse the order allowing the defendant's motion to suppress.
We summarize the facts as found by the motion judge. At approximately 4 A.M., on September 5, 1986, Detective Robert Tully, of the Boston police department's drug control unit, received a telephone call at his home from an informant. On previous occasions, this informant had supplied Tully with information that had led to approximately twenty-five arrests and fifteen convictions in connection with cocaine and heroin trafficking. The informant told Tully that a twenty-year-old black male would be arriving at the Greyhound bus station at about 5 or 5:30 A.M., [Note 1] on the bus from New York City and that the man would be carrying a large amount of cocaine. The informant described the man as being approximately six feet tall and wearing a black windbreaker with a white stripe, dark pants, and a black T-shirt with an anti-drug slogan printed on it. Tully telephoned his superior officer and his partner and then proceeded to the bus station.
The bus from New York was late arriving in Boston. When it did arrive, Tully and his partner observed the defendant, who fit the informant's description, disembark from the bus, walk through the terminal, and hail a taxicab on the street. As the defendant opened the taxicab door, the police officers placed him under arrest. A search of the defendant's person uncovered 148 vials containing "crack" cocaine, two bags of rock cocaine, and 400 empty vials. With these facts in mind, we turn to the Commonwealth's contention that the motion judge erroneously granted the defendant's motion to suppress the seized evidence.
from which the law enforcement officials could have concluded that the information was reliable (the veracity test); and (2) some underlying circumstances which demonstrate a basis of the informant's knowledge (basis of knowledge test). Commonwealth v. Bottari, 395 Mass. 777 , 783 (1985). Commonwealth v. Borges, 395 Mass. 788 , 794 (1985). Commonwealth v. Upton, 394 Mass. 363 , 375 (1985) (Upton II). "These are vital, not merely perfunctory requirements. To justify the intrusion of an arrest and search, the tip must not only come from a credible person, but he must be shown to be relying on something more than a casual rumor or an individual's general reputation." Commonwealth v. Avery, 365 Mass. 59 , 63 (1974).
We first address the reliability prong of the Aguilar-Spinelli test, and in so doing, we conclude, as did the judge below, that the informant's reliability was established sufficiently to provide the police with probable cause for the arrest and search. The motion judge found that, on prior occasions, the informant had provided accurate information which had resulted in twenty-five arrests and fifteen convictions of individuals engaged in narcotics trafficking. The informant's past record of supplying credible information satisfies the reliability prong of the Aguilar-Spinelli test. See Commonwealth v. Avery, supra (informant's reliability established by six prior occasions to arrest); Commonwealth v. Vynorius, 369 Mass. 17 , 21 (1975) (informant's reliability established by one prior occasion on which informant successfully had assisted police investigation).
Draper v. United States, 358 U.S. 307 (1959), provides a suitable benchmark." Spinelli v. United States, 393 U.S. 410, 416 (1969). Relying on Spinelli, we have stated that independent police corroboration can compensate for deficiencies in either or both prongs of the Aguilar-Spinelli test. Upton II, supra at 376. Bottari, supra at 783. Commonwealth v. Upton, 390 Mass. 562 , 571 (1983) (Upton I). Vynorius, supra at 20. Commonwealth v. Kane, 362 Mass. 656 , 659 (1972). Commonwealth v. Stevens, 362 Mass. 24 , 27-28 (1972). We "give continued credibility to the Draper principle, because that approach, carefully applied, is both in the public interest, and consistent with the spirit of Aguilar-Spinelli." Borges, supra at 798 (Hennessey, C.J., concurring).
We conclude that the facts in this case compare favorably with the facts in Draper, and that there was sufficient independent police corroboration of the details of the informant's tip to satisfy the Aguilar-Spinelli inquiry. In Draper, the informant described the defendant as a black male, approximately twenty-seven years old, about five feet eight inches tall, weighing approximately 160 pounds. The informant accurately described the defendant's clothing and stated that he would be carrying a tan colored bag. The informant accurately predicted the train on which the defendant arrived and his fast pace. See id. at 313. In this case, the informant accurately described the defendant's approximate age and height, as well as the details of his clothing. The informant also predicted the defendant's arrival time and place. [Note 2] Accordingly, the order suppressing the evidence is reversed and the case is remanded for trial.
[Note 1] Although the judge found that the bus was scheduled to arrive between 5 and 5:30 A.M., Detective Tully testified that the bus was scheduled to arrive at the terminal at 5:40 A.M. Tully stated that he arrived at the bus station between 5 and 5:30 A.M. and that the bus arrived twenty minutes late at 6 A.M. This discrepancy is of no consequence to this appeal.
[Note 2] This case is distinguishable from Commonwealth v. Borges, supra, because in this case, the informant described not only the defendant's physical appearance, but also his expected behavior, that is, his arrival in Boston on a particular bus from a particular point of departure. In Borges, the informant described only the defendant's physical appearance, and although she had recently been present with the defendant at a particular location, she did not state whether the defendant still could be found there. Indeed, the defendant's whereabouts were determined by a police officer who had seen the defendant five minutes before his arrest. Thus, the informant's tip in Borges did not indicate to police any expected behavior. See Borges, supra at 789.

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We were given a parking charge by UKPC when the car was parked at Millennium Retail Park, Greenwich, London at 15:19 on 25 November 2015. The charge was because the car was not parked within the markings of the bay or space.
The charge was given to the driver on the windscreen and is £100 with a reduced charge of £60 if paid within 14 days.
We took no action and on 29 December, a notice to keeper was sent through the post demanding the payment of £100.
I appealed to UKPC on 9th January as the registered keeper and raised the usual challenge of signs not well displayed, charge is unreasonably high, the POFA (liability to keeper), who is the creditor, demanded the contract between UKPC and the landowner and the POPLA reference if the appeal is turned down.
UKPC responded on 18th January with the attached letter claiming the Parking Charge was correctly issued and demanded a payment of £60 within 35 days and will raise the charge to £100 thereafter.
The other challenge is to request to provide contractual details to substantiate their right to enter into contracts with the drivers. And this will only be successful if UKPC for whatever reason is not able to produce this evidence.
So do I read it that the chance for POPLA to allow this appeal is slim.
I know POPLA decision is not binding as far as the keeper is concerned.
Any advice would be much appreciated ...!!!
That's what they like folk to believe. Just because GPEOL is out the window in some cases doesn't mean you'll lose. Keeper liability is huge too and lack of contract is also a decent weapon.
According to popla, GPEOL cases are on hold until they consider the verdict. I think they're more concerned with the time needing to be specified and using Beavis as an excuse.
so what should I do if want to appeal to POPLA ?
Give me the info so i can pick the useful screw ups apart.
Not parked correctly within the markings of the bay or space.
A parking charge of £100 is outstanding & payable within 28 days of the date of this parking ticket. A reduced charge of £60.00 is payable if payment is received within 14 days of the date of this parking ticket. If payment is received within 14 days the reduced charge will be accepted in full settlement. Details of how to make payment are overleaf.
Notice to keeper is attached.
also a photo of the UKPC display at the car park.
Looking at your notice to keeper there would seem to be a few items missing that are required by POFA to hold the keeper liable. Items like period of parking. Look at pragraph 8 and see if everything that should be there is there.
would that comply with the period of parking ... as in my case, it was not an overstay - rather it was not parking within the marked bay ... so is period of parking relevant and can I use this omission as a challenge ... you said a few things are missing - what else ?
I'll have a look tomorrow later on after work.
UKPC often fail at POPLA due to failing show evidence of authority to manage the land, so throw that in.
Also, unlike the parkingeye signs in the Beavis case, which had the £85 charge in a huge font, I can't see where the £100 charge is at all on your sign. I would therefore put POPLA on the spot and use the Beavis case to your advantage.
ParkingEye v Beavis established that the penalty law is in play for parking charges and that a charge of £85 was not a genuine pre-estimate of loss. It would not be a penalty or unfair consumer contract however if the charge was clearly brought to the attention of the motorist. In the Beavis case this was achieved by the £85 charge being in the largest font on the sign and in contrasting colours. I submit a copy as evidence.
In contrast the £100 charge here is buried in the small print. As ParkingEye v Beavis is binding case law I submit the charge must be found to be either a penalty or an unfair consumer charge. I refer to the following paragraphs of the judgment to support this.
probably the third size down with "5 hours maximum stay" being the largest, "Terms of parking apply at all times" second size down followed by the £100 parking charge.
More importantly, the conditions that need to be complied are of the smallest font size ...in this case "All vehicles must be parked only within marked bay"
what about GEPOL - is it worth including ?
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matches: UKPC UKPC UKPC UKPC UKPC UKPC UKPC


text:
Chris’s practice focuses on patent and intellectual property litigation. He has also represented clients in appellate matters involving intellectual property disputes.
Chris worked as a control systems engineer in Washington for six years before law school. He graduated from Duke Law School in 2006, where he worked on the Duke Law Journal. He got his Master of Science in Chemical Engineering from Washington State University and his Bachelors of Science from the University of Washington.
Chris is admitted to practice in Texas, the U.S. Patent and Trademark Office, the U.S. Court of Appeals for the Federal Circuit, and the U.S. Courts for the Northern, Southern, Eastern and Western Districts of Texas.
L.C. Eldridge Sales Co, Ltd., et al. v. Azen Manufacturing PTE., LTD., et al. Successfully represented the plaintiffs at trial and on appeal. At trial, we obtained a unanimous jury verdict of patent infringement, willful infringement, no invalidity, and the full amount of lost profits for the plaintiff in a multi-defendant patent infringement suit concerning engine exhaust systems used on offshore oil rigs. Argued appeal defending judgment before the Federal Circuit, winning a full affirmance.
Maxus Strategic Systems, Inc. v. Aqumin LLC and Nirvana Systems, Inc. Represented defendant Nirvana Systems in patent infringement case concerning virtual reality representations of stock market data. After obtaining a favorable Markman ruling, we filed a summary judgment motion that precipitated a favorable settlement.
Confidential Client Assisted client in pre-suit investigation involving offshore drilling equipment failure by conducting detailed fact investigation and assessing its potential liability.
Represented a Fortune 50 energy company sued by a patent holding company that accused it of infringing a patent directed to computer-implemented systems and methods for selling utility services. We obtained a favorable Markman ruling and settled the case favorably.
Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, Media Players, and Cameras Prosecuted patent infringement case on behalf of Freescale Semiconductor in a three patent International Trade Commission investigation involving semiconductor circuits and packaging technologies.
Lucent Technologies, Inc. and Multimedia Patent Trust v. Microsoft Corp. Represented Microsoft in a patent litigation dispute, culminating in a seven-week patent infringement trial. Plaintiff sought more than $400 million in past damages on patent relating to MPEG and VC-1 video compression technology. Tried to jury verdict in April-June 2008. Jury found that Microsoft’s products do not infringe and awarded no damages.
Alcatel USA Resources, Inc. v. Microsoft Represented Microsoft in a patent infringement litigation involving defending against computer networking patents. The matter also involved counterclaims for patent infringement and settled favorably before trial.
British Telecommunications v. Freescale Semiconductor, Inc. Represented Freescale Semiconductor in a patent infringement litigation involving data compression patent that settled favorably.
IP Co., LLC d/b/a Intus IQ v. Comverge, Inc., et al. Successfully represented provider of clean energy products and advanced metering solutions against multiple claims of patent infringement.
Multimedia Patent Trust v. Microsoft Corp. Represented Microsoft against video coding patents asserted by Multimedia Patent Trust (MPT). MPT dismissed one patent after initial invalidity contentions.

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text:
1882. Lithograph with original handcolor, sheet size 10 1/2 x 8 inches. Soft creasing to lower right corner, small dampstain to top edge well outside of image area, otherwise very good condition. An attractive composition of many multicolored butterflies/moths, different combinations of red, yellow, black and white, on a floral... More about European Butterflies and Moths.
1882. Lithograph with original handcolor, sheet size 10 1/2 x 8 inches. Small dampstain to top edge well outside of image area, otherwise very good condition. An attractive composition of three multicolored moths, on a floral background (which includes morning glories). Also shown are three striking caterpillars plus a pupa... More about European Butterflies and Moths.
Larves et Nymphes de Loepidopleres.
Blanchard. (drawn and lithographed by).
Fournier, No Date. Ca. 1890. Lithograph with original handcolor, sheet 10 1/4 x 6 3/4 inches, very good condition. Caterpillars with wonderful markings!	More about Larves et Nymphes de Loepidopleres.
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Papilionidae. Pierinae. Delias VI. 1,2. Delias Funerea. 3,4. Delias Georgiana. 5,6. Delias Sacha. 7,8. Delias Euryxantha.
Horman Fisher, M. (drawn and lithographed by).
'J.O.W.' (drawn by), F.H.F. Rippon (lithographed by).
;, [ 1879]. Lithograph, original handcolor, sheet 12 1/2 x 10 inches. Very good condition. Figures of 11 attractively marked butterflies. Plate number LXXXVIII from The Transactions of the Zoological Society, Volume 10.	More about Synopsis of the Uraniidae.
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Hanhart. [ 1879]. Lithograph, original handcolor, sheet 12 1/2 x 10 inches. Very good condition. Figures of 9 attractively marked (blues and reds) butterflies. Plate number LXXXVII from The Transactions of the Zoological Society, Volume 10.	More about Synopsis of the Uraniidae.
1. 2. Catocala neogama. America. 3.______________amesia. Do.
1858. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Very good condition. Plate 26 from William Jardine's Naturalist's Library volume on exotic moths. Two beautifully patterned multicolored moths and a caterpillar are handcolored, the botanical background etched in lightly. Engraved by Lizars.	More about 1. 2. Catocala neogama. America. 3.______________amesia. Do.
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1. Caterpillar of S. Cynthia. 2. ___Do___of S. Mylitta. 3. Pedunculated cocoon of the latter.
1858. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Very good condition. Plate 15 from William Jardine's Naturalist's Library volume on exotic moths. Two caterpillars, one yellow and spiny and one green with red and yellow stipe and cocoon are handcolored, the botanical background is etched in. Engraved by Lizars.	More about 1. Caterpillar of S. Cynthia. 2. ___Do___of S. Mylitta. 3. Pedunculated cocoon of the latter.
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1. Dichroma equestralis. Cape of Good Hope. 2______histrionalis. 3______arcualis.
Ca. 1840. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Light foxing, otherwise very good condition. Plate 30 from one of William Jardine's Naturalist's Library volumes. Three beautifully patterned moths, one brown and white, one green and white and one red and white, the botanical background is etched in. Engraved by Lizars.	More about 1. Dichroma equestralis. Cape of Good Hope. 2______histrionalis. 3______arcualis.
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1. Emperor Moth. 2. Caterpillar of Do. 3. Oak Egger Moth.
Ca. 1840. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Very good condition: small paper loss to top right corner, well outside of image. Plate 17 from one of William Jardine's Naturalist's Library volumes. Two beautifully patterned moths, one brown and orange, one pink, green and brown and... More about 1. Emperor Moth. 2. Caterpillar of Do. 3. Oak Egger Moth.
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1. Metopsilus Tersa. America 2. Sphinx Chionanthi. Do.
1858. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Very good condition. Plate 5 from William Jardine's Naturalist's Library volume on exotic moths. Two beautifully patterned moths are handcolored, the botanical background is etched in. Engraved by Lizars.	More about 1. Metopsilus Tersa. America 2. Sphinx Chionanthi. Do.
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1. Orange Swift. 2. Goat Moth. 3. Caterpillar of Do.
Ca. 1840. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Very good condition: light foxing. Plate 14 from one of William Jardine's Naturalist's Library volumes. Two beautifully patterned moths, one blue, green and black, one blue, white and yellow with a striking orange and yellow caterpillar, the botanical... More about 1. Orange Swift. 2. Goat Moth. 3. Caterpillar of Do.
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1. Puss Moth. 2. Caterpillar of Do. 3. Kentish Glory.
Ca. 1840. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Very good condition. Plate 16 from one of William Jardine's Naturalist's Library volumes. Two beautifully patterned moths, one brown and one blue and a striking green, yellow, blue and white caterpillar, the botanical background is etched in. Engraved by Lizars.	More about 1. Puss Moth. 2. Caterpillar of Do. 3. Kentish Glory.
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1. Spilosoma acrea 2. Cater. of do. 3. Chrysalis of do 4. Arctia Oculatissima.
1858. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Very good condition: light toning; small pieces of tape at upper edge of verso, not visible from the front. Plate 20 from William Jardine's Naturalist's Library volume on exotic moths. Two attractively marked moths and a caterpillar are handcolored... More about 1. Spilosoma acrea 2. Cater. of do. 3. Chrysalis of do 4. Arctia Oculatissima.
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1. Vanessa Juliana. 2. V. Amathea. 3. V. Orithya. 1. Amboyna. 2. Brazil. 3. China.
Ca. 1840. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Very good condition. Plate 15 from one of William Jardine's Naturalist's Library volumes. Three beautifully patterned multicolored butterflies, the botanical background is etched in lightly. Engraved by Lizars.	More about 1. Vanessa Juliana. 2. V. Amathea. 3. V. Orithya. 1. Amboyna. 2. Brazil. 3. China.
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1.2. Heptolus lignivora. - New South Wales 3. Caterpillar of Do. Do 4. Zeuzera minea. - Bengal.
1858. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Very good condition: small mark in left margin. Plate 8 from William Jardine's Naturalist's Library volume on exotic moths. Three beautifully patterned, multicolored moths and a brown and red caterpillar are handcolored, the botanical background is etched in. Caterpillar... More about 1.2. Heptolus lignivora. - New South Wales 3. Caterpillar of Do. Do 4. Zeuzera minea. - Bengal.
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1.2.3.4.5. Metamorphoses of Oiketicus Kirbyi 6. Cryptothelea Macleayi.
1858. Black and white engraving, sheet 6 1/2 x 4 inches. Very good condition. Plate 9 from William Jardine's Naturalist's Library volume on exotic moths. Shows 2 moths, one in 5 stages of metamorphoses. Engraved by Lizars.	More about 1.2.3.4.5. Metamorphoses of Oiketicus Kirbyi 6. Cryptothelea Macleayi.
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1882. Lithograph with original handcolor, sheet size 10 1/2 x 8 inches. Very good condition: small dampstain to top edge, well outside of image area. An attractive composition of four multicolored moths and three beautifully patterned multicolored caterpillars and a pupa on a floral background (which includes pink flowers). Plate... More about European Butterflies and Moths.
Metamorphoses of Cryptophasa irrorata. - New South Wales.
1858. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Very good condition: slight foxing. Plate 10 from William Jardine's Naturalist's Library volume on exotic moths. Various stages of metamorphosis including two multicolored moths, a red and green caterpillar and a pupa which are handcolored, the botanical background is etched in. Engraved by Lizars.	More about Metamorphoses of Cryptophasa irrorata. - New South Wales.
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1858. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Very good condition. Plate 7 from William Jardine's Naturalist's Library volume on exotic moths. A beautifully patterned, green, red, brown, white and blue moth, a red, yellow and green caterpillar and a purple pupa are handcolored, the botanical background... More about Philampelus Vitis.
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Ca. 1840. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Large foxing spots, otherwise very good condition. Plate 8 from one of William Jardine's Naturalist's Library volumes. A beautifully patterned green, pink, black and white moth and a striking black, white, pink and yellow caterpillar, the botanical background... More about Spotted Elephant Hawk-moth.
Item Details for Spotted Elephant Hawk-moth.
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Ca. 1840. Engraving with original handcolor, sheet 6 1/2 x 4 inches. Very good condition: light foxing. Plate 6 from one of William Jardine's Naturalist's Library volumes. A beautifully patterned blue, pink, yellow, black and white moth with curly antennae and a striking green and yellow caterpillar with one yellow... More about Unicorn Hawk moth.
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Bock, I. C. (engraved by).
No date. Ca. 1780. Copperplate engraving, thick wove paper sheet 10 x 7 3/4 inches, very good condition. An exquisitely engraved and colored antique print showing two butterflies, Anceus and Bianor, with appealing detail. Probably from the German entymologist Johann Christoph Esper's Die Schmetterlinge in... More about Papil. exotic.
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No date. Ca. 1780. Copperplate engraving, thick wove paper sheet 10 x 7 3/4 inches. Faint 1/8 mark to mid lower margin and residue from tissue guard along left edge (all outside image area). Very good condition. An exquisitely engraved and colored antique print showing two... More about Papilion. exotic.
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No date. Ca. 1780. Copperplate engraving, thick wove paper sheet 10 x 7 3/4 inches. Faint mark upper left edge. Very good condition. An exquisitely engraved and colored antique print showing two butterflies: Glaucus and Polydorus. Probably from the German entymologist Johann Christoph Esper's Die Schmetterlinge... More about Papilion. exotic.

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K.S.A. 22-4104 Deputization of employees of other state to return violators.
K.S.A. 22-4105 Written deputization; evidence of.
K.S.A. 22-4106 Agreements with officials of other states authorized.
K.S.A. 22-4110 Interstate compact for adult offender supervision.
K.S.A. 22-4111 Kansas council for interstate adult offender supervision; membership; meetings; responsibilities; compensation.
22-4104. Deputization of employees of other state to return violators.
The secretary of corrections is hereby authorized and empowered to deputize any person regularly employed by another state to act as an officer and agent of this state in effecting the return of any person who has violated the terms and conditions of parole, postrelease supervision, assignment to a community correctional services program or probation as granted by this state. In any matter relating to the return of such person, any agent so deputized shall have all the powers of a law enforcement officer of this state.
History: L. 1970, ch. 129, § 22-4104; L. 1973, ch. 339, § 89; L. 1986, ch. 123, § 26; L. 1992, ch. 239, § 275; July 1, 1993.
22-4105. Written deputization; evidence of.
Any deputization pursuant to this act shall be in writing and any person authorized to act as an agent of this state pursuant hereto shall carry formal evidence of his deputization and shall produce the same upon demand.
History: L. 1970, ch. 129, § 22-4105; July 1.
22-4106. Agreements with officials of other states authorized.
The secretary of corrections is hereby authorized, subject to the approval of the secretary of administration, to enter into contracts with similar officials of any other state or states for the purpose of sharing an equitable portion of the cost of effecting the return of any person who has violated the terms and conditions of parole, postrelease supervision assignment to a community correctional services program or probation as granted by this state.
History: L. 1970, ch. 129, § 22-4106; L. 1973, ch. 339, § 90; L. 1986, ch. 123, § 27; L. 1992, ch. 239, § 276; July 1, 1993.
22-4110. Interstate compact for adult offender supervision.
(c) In addition, this compact will: Create a Interstate Commission which will establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections or other criminal justice agencies which will promulgate rules to achieve the purpose of this compact; ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial, and legislative branches and criminal justice administrators; monitor compliance with rules governing interstate movement of offenders and initiate interventions to address and correct non-compliance; and coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.
(d) The compacting states recognize that there is no ‘‘right’’ of any offender to live in another state and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and By-laws and Rules promulgated hereunder. It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and are therefore public business.
(1) ‘‘Adult’’ means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.
(2) ‘‘By-laws’’ means those by-laws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission’s actions or conduct.
(3) ‘‘Compact Administrator’’ means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.
(4) ‘‘Compacting State’’ means any state which has enacted the enabling legislation for this compact.
(5) ‘‘Commissioner’’ means the voting representative of each compacting state appointed pursuant to Article III of this compact.
(6) ‘‘Interstate Commission’’ means the Interstate Commission for Adult Offender Supervision established by this compact.
(7) ‘‘Member’’ means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.
(8) ‘‘Non-compacting state’’ means any state which has not enacted the enabling legislation for this compact.
(9) ‘‘Offender’’ means an adult placed under, or subject, to supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.
(10) ‘‘Person’’ means any individual, corporation, business enterprise, or other legal entity, either public or private.
(11) ‘‘Rules’’ means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.
(12) ‘‘State’’ means a state of the United States, the District of Columbia and any other territorial possessions of the United States.
(13) ‘‘State Council’’ means the resident members of the State Council for Interstate Adult Offender Supervision created by each state under Article III of this compact.
(a) The compacting states hereby create the ‘‘Interstate Commission for Adult Offender Supervision.’’ The Interstate Commission shall be a body corporate and joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers and duties set forth herein; including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.
(b) The Interstate Commission shall consist of Commissioners selected and appointed by resident members of a State Council for Interstate Adult Offender Supervision for each state. In addition to the Commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations: Such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general and crime victims. All non-commissioner members of the Interstate Commission shall be exofficio (nonvoting) members. The Interstate Commission may provide in its by-laws for such additional, ex-officio, non-voting members as it deems necessary.
(c) Each compacting state represented at any meeting of the Interstate Commission is entitled to one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the by-laws of the Interstate Commission.
(d) The Interstate Commission shall meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.
(e) The Interstate Commission shall establish an Executive Committee which shall include commission officers, members and others as shall be determined by the By-laws. The Executive Committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the Compact. The Executive Committee oversees the day-to-day activities managed by the Executive Director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its by-laws and as directed by the Interstate Commission and performs other duties as directed by Commission or set forth in the By-laws.
(b) Each compacting state retains the rights to determine the qualifications of the Compact Administrator who shall be appointed by the state council or by the Governor in consultation with the Legislature and the Judiciary.
(c) In addition to appointment of its commissioner to the National Interstate Commission, each state council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by each member state including but not limited to, development of policy concerning operations and procedures of the compact within that state.
(1) To adopt a seal and suitable by-laws governing the management and operation of the Interstate Commission.
(2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.
(3) To oversee, supervise and coordinate the interstate movement of offenders subject to the terms of this compact and any by-laws adopted and Rules promulgated by the compact commission.
(4) To enforce compliance with compact provisions, Interstate Commission rules, and by-laws, using all necessary and proper means, including but not limited to, the use of judicial process.
(5) To establish and maintain offices.
(7) To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs.
(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.
(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel.
(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same.
(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.
(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.
(13) To establish a budget and make expenditures and levy dues as provided in Article X of this compact.
(14) To sue and be sued.
(15) To provide for dispute resolution among compacting states.
(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.
(17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.
(18) To coordinate education, training and public awareness regarding the interstate movement of offenders for officials involved in such activity.
(19) To establish uniform standards for the reporting, collecting, and exchanging of data.
(b) Officers and Staff. (1) The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the By-laws. The chairperson or, in his or her absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission. The Officers so elected shall serve without compensation or remuneration from the Interstate Commission; PROVIDED THAT, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
(c) Corporate Records of the Interstate Commission. The Interstate Commission shall maintain its corporate books and records in accordance with the By-laws.
(d) Qualified Immunity, Defense and Indemnification. (1) The Members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; except, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of any such person.
(2) The Interstate Commission shall defend the commissioner of a compacting state, or the commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; except, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.
(3) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities, provided, that the actual or alleged act, error or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
(b) Except as otherwise provided in this compact and unless a greater percentage is required by the By-laws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.
(c) Each Member of the Interstate Commission shall have the right and power to cast a vote to which that Compacting State is entitled and to participate in the business and affairs of the Interstate Commission. A Member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a State Council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The By-laws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication shall be subject to the same quorum requirements of meetings where members are present in person.
(e) The Interstate Commission’s by-laws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such Rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.
(9) specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or proceeding.
(g) For every meeting closed pursuant to this provision, the Interstate Commission’s chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant provision AUTHORIZING CLOSURE OF THE MEETING. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
(b) Rulemaking shall occur pursuant to the criteria set forth in this Article and the By-laws and Rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C.S. section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C.S. app. 2, section 1 et seq., as may be amended (hereinafter ‘‘APA’’). All Rules and amendments shall become binding as of the date specified in each Rule or amendment.
(4) promulgate a final Rule and its effective date, if appropriate, based on the rulemaking record. Not later than sixty days after a Rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located for judicial review of such Rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, (as defined in the APA), in the rulemaking record, the court shall hold the Rule unlawful and set it aside.
(x) mediation, arbitration and dispute resolution.
(f) The existing Rules governing the operation of the previous compact superceded by this Act shall be null and void twelve (12) months after the first meeting of the Interstate Commission created hereunder.
(g) Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule.
(2) The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
(2) The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and non-compacting states. The Interstate Commission shall enact a By-law or promulgate a Rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
(c) Enforcement. The Interstate Commission, in the reasonable exercise of it’s discretion, shall enforce the provisions of this compact using any or all means set forth in Article XII (b), of this compact.
(b) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of Interstate movement of offenders in each compacting state and shall promulgate a Rule binding upon all compacting states which governs said assessment.
(d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its By-laws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
(b) The Compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2001, or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of non-member states or their designees will be invited to participate in Interstate Commission activities on a non-voting basis prior to adoption of the compact by all states and territories of the United States.
(a) Withdrawal. (1) Once effective, the compact shall continue in force and remain binding upon each and every compacting state; except, that a compacting state may withdraw from the compact (‘‘withdrawing state’’) by enacting a statute specifically repealing the statute which enacted the Compact into law.
(3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within sixty days of its receipt thereof.
(iii) suspension and termination of membership in the compact. Suspension shall be imposed only after all other reasonable means of securing compliance under the By-laws and Rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or Chief Judicial Officer of the state; the majority and minority leaders of the defaulting state’s legislature, and the State Council.
(2) The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission By-laws, or duly promulgated Rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of suspension. Within sixty days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the Governor, the Chief Justice or Chief Judicial Officer and the Majority and Minority Leaders of the defaulting state’s Legislature and the State Council of such termination.
(c) Judicial Enforcement. The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the Federal District where the Interstate Commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated Rules and By-laws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.
(2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be wound up and any surplus funds shall be distributed in accordance with the By-laws.
(2) All compacting states’ laws conflicting with this compact are superseded to the extent of the conflict.
(b) Binding Effect of the Compact. (1) All lawful actions of the Interstate Commission, including all Rules and By-laws promulgated by the Interstate Commission, are binding upon the compacting states.
History: L. 2002, ch. 21, § 1; July 1.
22-4111. Kansas council for interstate adult offender supervision; membership; meetings; responsibilities; compensation.
(10) two representatives, one shall be appointed by the speaker of the house of representatives and one shall be appointed by the minority leader of the house of representatives.
(b) The appointments shall be made within 30 days after the effective date of this act. The initial meeting of the council shall be convened within 60 days after the effective date of this act by the secretary of corrections at a time and place designated by the secretary of corrections. The council shall elect a chairperson and may elect any additional officers from among its members necessary to discharge its duties.
(c) Meetings of the council subsequent to its initial meeting shall be held and conducted in accordance with policies and procedures established by the council.
(d) The council shall meet upon call of its chairperson as necessary to carry out its duties under this act.
(e) Each member of the council appointed by the governor or the attorney general shall be appointed for a term of four years. All other members shall be appointed for a term of two years and shall continue to serve during that time as long as the member occupies the position which made the member eligible for the appointment. Each member shall continue in office until a successor is appointed and qualifies. Members shall be eligible for reappointment, and appointment may be made to fill an unexpired term.
(f) The council shall oversee and administer the state’s participation in the interstate compact for adult offenders supervision, K.S.A. 2002 Supp. 22-4110, and amendments thereto, and shall develop policies concerning the operations and procedures of the compact within the state. The council shall appoint the compact administrator.
(g) Each member of the council shall receive compensation, subsistence allowances, mileage and other expenses as provided for in K.S.A. 75-3223, and amendments thereto, for each day or part thereof actually spent on council activities.
(h) The provisions of this section shall take effect and be in force from and after the later of July 1, 2002, or upon enactment into law by the 35th jurisdiction of the interstate compact for adult offenders supervision.
History: L. 2002, ch. 177, § 3; L. 2012, ch. 16, § 23; July 1.


1. What is a disaster?
State law defines a disaster as an “occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or man-made cause, including fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination, volcanic activity, epidemic, air contamination, blight, drought, infestation, explosion, riot, hostile military or paramilitary action, extreme heat, other public calamity requiring emergency action, or energy emergency [a temporary statewide, regional, or local shortage of petroleum, natural gas, or liquid fuel energy supplies that makes emergency measures necessary to reduce demand or allocate supply].” Tex. Government Code §§418.004(1) and (3).
2. What steps is the city required to take to prepare for a disaster?
Each city is required to maintain its own emergency management agency or participate in a local interjurisdictional emergency management agency. See 37 TAC §7.1. The mayor is required to notify the Texas Division of Emergency Management (TDEM) of the manner in which the city is providing an emergency management program and the person designated to head that program. Id. at §7.3.
A city must prepare, keep current, and distributed to appropriate officials a local emergency management plan or an interjurisdictional emergency management plan that is developed in conjunction with another city or county. Id. at §7.12. The purpose of an emergency management plan is to provide for disaster mitigation, preparedness, response and recovery. See Tex. Government Code §418.106(a). Each emergency management plan must be signed by the mayor, and must include, at a minimum: (1) wage, price, and rent controls and other economic stabilization methods; (2) curfews and other movement restrictions; (3) limitations on utility use in areas affected by a disaster; and (4) rules governing entrance to and exit from the affected area, and other security measures. Id. at §418.106(b); 37 TAC §7.12. The mayor, as the emergency management director of the city, may designate a person to serve as the emergency management coordinator. See Tex. Government Code §418.1015. In many cities, the emergency management coordinator is responsible for developing the emergency management plan and coordinating emergency management training. The Governor’s Texas Division of Emergency Management (TDEM) provides plan documentation templates and guidelines for each plan and annex at the Texas Department of Public Safety's Plans Units website. The plan, and any changes, must also be sent to the Governor’s Texas Division of Emergency Management (TDEM). See 37 TAC §7.12. Each plan must be reviewed annually and updated at least once every five years. See 37 TAC §7.12. For more information on emergency management, city officials may review the TDEM’s Texas Emergency Management Executive Guide (PDF).
In addition, as a condition to receiving federal funds, grants, training, and reimbursement of disaster recovery costs, a city must adopt and implement the National Incident Management System (NIMS) as its incident management system. See id. at §7.13. NIMS is an incident management system that enables organization across the country to work together during incidents of all kinds and sizes.
3. Who is required to complete disaster management training?
An appointed public officer of a city who has management or supervisory responsibility and: (1) whose position description, job duties, or assignment includes emergency management responsibilities or (2) who plays a role in emergency preparedness, response, or recovery is required to take a three-hour training on emergency management. See Tex. Government Code §§418.005(a) and (b). The League has interpreted this provision to mean that police chiefs and marshals, as well as a fire chief whose office is created by a home rule charter, should take the training. Other fire chiefs may also wish to take the training out of abundance of caution or after consultation with the city attorney. Any other city officer should take the training if his or her position is created by a home rule charter and has specific emergency management duties as part of the job description. The training must be completed before the 180th day after the public officer takes the oath of office, if required, or when the person assumes his or her responsibilities as a public officer. See id. at §418.005(b).The mayor or the person serving as the emergency management coordinator is also required to complete disaster management training. Id. §§418.101(b) and 418.1015(c).
Additionally, city personnel with a direct role in emergency preparedness, incident management or response are required to complete certain NIMS training depending on their incident command system role. 37 TAC §7.12.
4. Where can a city official get training in emergency management?
The Governor’s Division of Emergency Management provides emergency management training. Regional liaison officers are also available to assist city officials with their training and other emergency management needs. Currently, the Division of Emergency Management provides these classes at no charge and will pay for a city official’s travel expenses to attend one of its classes. A public officer who completes the training shall be provided with a certificate of course completion. See Tex. Government Code §418.005(e). Such certificate shall be maintained and made available for public inspection. Id.
Training on NIMS is also offered by the TDEM and may be taken in-person or online. A listing of NIMS classes can be found at the Texas Department of Public Safety's NIMS Training page.
5. Can a member of the public view a city’s emergency management plan or disaster-related information maintained by the city?
(a) Any information maintained by the city for purposes of emergency management or disaster planning that relates to physically or mentally disabled individuals or individuals with special needs is also confidential. Id. at §418.175.
(c) Information that is collected, assembled or maintained by or for a city for the purpose of preventing, detecting, responding to, or investigating an act of terrorism or related criminal activity and: (1) relates to the staffing requirement of an emergency response provider, including a law enforcement agency, a fire-fighting agency, or an emergency services agency; relates to a tactical plan of the provider; or (3) consists of a list or compilation of pager or telephone numbers, including mobile and cellular telephone numbers, of the provider. Id. at §418.176.
(d) Information collected, assembled or maintained by or for a city for the purpose of prevention, detecting or investing an act of terrorism or related criminal activity and relates to an assessment of the risk or vulnerability of persons or property, including critical infrastructure, to an act of terrorism or related criminal activity. Id. at 418.177.
(e) Information related to the construction or assembly of an explosive weapon or a chemical, biological, radiological or nuclear weapon of mass destruction or indicates the specific location of a chemical, biological agent, toxin or radioactive material that is more than likely to be used in the construction or assembly of such weapon or unpublished information relating to a potential vaccine or a device that detects biological agents or toxins. Id. at §418.178.
(f) Encryption codes and security keys for a public communication system if the information is collected for the purpose of preventing, detecting or investing an act of terrorism or related criminal activity. Id. at §418.179.
(g) Information, other than financial information, in possession of the city that is: (1) a part of a report to an agency of the United States; (2) relates to an act of terrorism or related criminal activity; and is specifically required to be kept confidential by federal law, an information sharing agreement or to obtain federal funding. Id. at §418.180.
(g) Information that identifies the technical details of particular vulnerabilities of critical infrastructure to an act of terrorism is confidential. Id. at §418.181.
(h) Information, including access codes and passwords, that related to the specifications, operating procedures, or location of a security system used to protect public or private property from an act of terrorism or related criminal activity. Id. at §418.182.
1. Can the enforcement of city ordinances be suspended during or after a disaster?
In addition, the mayor may suspend the provisions of any regulatory ordinances if strict compliance with the provisions, orders or rules, would in any way prevent, hinder or delay necessary action in coping with a disaster. Id. at §418.016.
The governor may temporarily suspend or modify for a period of not more than 60 days any public health, safety, zoning or intrastate transportation, or other law or regulation if by proclamation the governor considers the suspension or modification essential to provide temporary housing or emergency shelter for disaster victims. See Tex. Government Code §418.020(c). Additionally, upon declaration of a state of disaster, enforcement of the regulation of on-premise outdoor signs by a city located in a county within or adjacent to a county within a disaster area specified by the declaration is suspended to allow certain insurance carriers or licensed agents to erect temporary claims service signage. See id. at §418.016(b). The signage may be erected for not more than 30 days or until the end of the disaster declaration, whichever is earlier, and must be removed at the end of this time period. Id. A temporary claims service sign shall: (1) be less than forty square feet in size; (2) be less than five feet in height; and (3) not be placed in the right of way. Id. at §418.016(c).
1. What is the legal standard for holding an emergency meeting?
A city that experiences an emergency or an urgent public necessity may conduct a meeting without providing the 72-hour notice requirement that is generally required to conduct a meeting under the Open Meetings Act. An emergency or urgent public necessity exists only if immediate action is required because of: (1) an imminent threat to public health and safety; or (2) a reasonably unforeseeable situation. See Tex. Government Code §551.045(b). The sudden relocation of a large number of residents from the area of a declared disaster to a governmental body’s jurisdiction is considered to be a reasonably unforeseeable situation for a reasonable period immediately following the relocation. Id. at §551.045(e).
2. What notice must the city provide for an emergency meeting?
The city must post notice of an emergency meeting or an addition of an emergency item to an already existing agenda to a properly posted meeting at least two hours before the scheduled time of the meeting. Id. at 551.045(a). The notice must clearly identify the emergency or urgent public necessity justifying the emergency meeting. Id. at 551.045(c). The city must also provide notice of the emergency meeting or emergency item to members of certain members of the news media prior to the scheduled time of the meeting. Id. at §§551.045(e) and 551.047. If the emergency meeting is due to the sudden relocation of a large number of residents from the area of the declared disaster to the city, notice to the media must be provided not later than one hour before the meeting. Id. at §551.045(e).
3. Is a quorum needed to conduct an emergency meeting?
A quorum is generally required at an emergency meeting before city council can conduct any city business. However, a quorum is not required if: (1) the city is wholly or partly located in the area of a disaster declared by the president of the United States or the governor; and (2) a majority of the members of city council are unable to be present at a meeting of city council as a result of the disaster. See Tex. Government Code §418.1101.
4. Can a city council hold an emergency meeting via telephone conference?
A city council may hold a meeting via telephone conference if an emergency or public necessity exists and it is impossible or difficult for a quorum of the city council to meet at one location. See Tex. Government Code §551.125(b). A notice of the meeting must be posted, specifying the location of the meeting as the same place where the meetings of the city council are usually held. Id. at §552.125(d). However, the notice need not specify that the meeting will be held by telephone conference. See Tex. Attorney Gen. Op. No. JC-352 (2001). The meeting must be set up to provide two-way communication during the entire meeting and the identity of each speaker must be clearly stated prior to the speaker speaking. Id. at §551.125(f). Additionally, all portions of the meeting, other than closed executive sessions, must be audible to the public at the location of the meeting, must be recorded, and the recording made available to the public. Id. at §551.125(e).
5. What if a disaster prevents a city council from holding a meeting that was otherwise properly posted?
If a catastrophe prevents a city council from holding an otherwise properly posted meeting, the council may convene at a convenient location within 72 hours of the properly posted meeting if the action is taken in good faith and not done to circumvent the Open Meetings Act. See Tex. Government Code §551.0411(b). A catastrophe is defined as a condition or occurrence that interferes physically with the ability of a governmental body to conduct a meeting, including a fire, flood, earthquake, hurricane, tornado, wind, rain, snow storm, power failure, transportation failure, interruption of communication facilities, epidemic, riot, civil disturbance, enemy attack or other actual or threatened act of lawlessness or violence. Id. at §551.0411(c). If the city council is unable to convene the meeting within 72 hours, it may only subsequently convene the meeting if it provides 72-hour notice of the meeting. Id. at §551.0411(b).
6. What happens if the city must cancel its noticed meeting for adopting the budget and tax rate due to a disaster?
Texas law contains no specific disaster-related exceptions from the general process of adopting city budgets and tax rates. However, a city may request the governor waive or suspend any budget and tax rate deadlines imposed by state law. See Tex. Government Code §418.016(e). The governor is authorized to waive or suspend such deadlines if the waiver or suspension is reasonably necessary to cope with a disaster. Id. If a local law, such as a charter requirement, ordinance or resolution, imposes a budget or tax rate adoption deadline on the city, the mayor may suspend such deadline if: (1) the city is wholly or partially located in an area declared as a disaster by the United States president or the governor; and (2) the mayor (or the governing body in the absence of a mayor) proclaims the city is unable to comply with the requirement because of the disaster. Id. at §418.1075(a). The deadline may not be suspended for more than 30 days after the date the mayor or the governing body, if applicable, makes the proclamation. Id. at §418.1075(b).
1. What authority does a city have in dealing with a disaster?
The mayor is authorized to declare a local state of disaster or request that the governor declare a state of emergency if a disaster has occurred or is imminent. See id at §§418.108(a) and 433.001. A declaration of a local disaster must be given general publicity and promptly filed with the city secretary. Id. at §418.108(c). The declaration of a local disaster activates applicable provisions of local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. Id at 418.108(d). A disaster declaration lasts for no more than seven days unless continued by city council. Id. at §418.108(b).
The mayor may order the evacuation of all or part of the population from a stricken or threatened area within the city limits if the mayor believes it is necessary for the preservation of life or other disaster mitigation, response or recovery. Id. at §418.108(f). The mayor may compel persons who remain in the evacuated area to leave and authorize the use of reasonable force to remove persons from the area. Id. at §418.185(b). A person who knowingly disobeys a mandatory evacuation order, and who engages in or fails to take action a reasonable person would have taken that results in the undertaking of a governmental rescue effort is civilly liable to a governmental entity that conducts the rescue for the cost of the rescued. Id. at §418.185(d). The mayor is also authorized to control access to and from a disaster area under the mayor’s jurisdiction and control movement of persons and occupancy of premises in such area. Id at §418.108(g).
In a city located wholly or partially in an area of a disaster declared by the United States president or the governor, the mayor may proclaim the city’s inability to comply with a deadline imposed by local law, including a deadline relating to a budget or property tax because of a disaster. Id. §418.1075.
With respect to disease management, a city can take any action that is necessary to promote health and suppress disease, including quarantine, examining and regulating hospitals, regulating ingress and egress from the city, and fining those who do not comply with the city’s rules. See Tex. Health & Safety Code §§122.005 (Type A general law cities) and 122.006 (home rule cities).
The mayor serves as the governor’s designated agent in the administration and supervision of disaster management duties set out in state law. See Tex. Government Code §418.1015(b). On the local level, the mayor may exercise the same powers granted to the governor under Chapter 418 of the Government Code (the Texas Disaster Act). Id. Accordingly, the mayor may commandeer or use any private property if the mayor finds it necessary to cope with a disaster, subject to compensation requirements. Id. at §418.017(c). The mayor may also suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives, and combustibles. Id. at §418.019.
1. May a city request emergency assistance from or provide emergency assistance to another local government?
Texas law allows local government entities to provide emergency assistance to one another under mutual aid agreements or the Texas Statewide Mutual Aid System (the “system”). See Tex. Government Code §§418.107(c) and 791.027. A city may provide emergency assistance to another local government, whether or not the local governments have previously agreed to contract to provide that kind of assistance if: (1) in the opinion of the presiding officer of the requesting local government, a state or civil emergency exists in the local government that requires assistance and the presiding officer requests the assistance; and (2) before the emergency assistance is provided, the governing body of the local government providing the assistance authorizes that local government to provide assistance by resolution or other official action. See Tex. Government Code §791.027(a). A “local government entity” is 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.” Tex. Government Code §418.004(10). “Mutual aid” refers to any activity related to the prevention or discovery of, response to, or recovery from a terrorist attack, a natural or manmade disaster, hostile military or paramilitary action, or extraordinary law enforcement emergency performed under the system or a written mutual aid agreement. See id. at§§418.004(11) and 421.001(3). If a request for mutual assistance is made to a city, the city manager or the highest ranking officer of the city, with the approval and consent of the mayor or the mayor’s designee, may provide the requested assistance in accordance with the polices, ordinances, and procedures established by the city’s governing body. See Tex. Government Code §418.115(b).
2. What financial resources are available to cities to aid in the recovery process?
A city is expected to use its own resources and the resources available to it through mutual aid assistance before requesting assistance from the state. 37 TAC §7.23. A city may need to tap into reserve funds if appropriations for disaster preparation or recovery were not included in the city’s original budget. To add funds to the original budget, a city would need to amend its budget. State law allows a city to increase its budget only if there a “grave public necessity to meet an unusual and unforeseen condition that could not have been included in the original budget through the use of reasonably diligent thought and attention...” Tex. Local Government Code §102.009(b) (note that under section 102.101 of the Local Government Code, a city may amend its budget at any time for city purposes, provided total budget expenditures under the budget are not increased). If the city amends its original budget to authorize an emergency expenditure, the city must file a copy of the order or resolution amending the budget with the city secretary, and attach such order or resolution to the original budget. Id. at §102.009(c). The amended budget must also be filed with the county clerk office. Id. at §102.009(d).
If local resources are exhausted and assistance is needed outside a mutual aid agreement, the mayor is authorized to request such resources from other political subdivisions or the state. See 37 TAC §§7.23 and 7.25. Before a city can request assistance from the state, a city must request assistance from the county where the city is located. See id. at §7.23. A request for recovery assistance must be in writing and must indicate that the disaster is of such magnitude that local resources are inadequate to deal with it and the affected locality cannot recover without state or federal assistance. Id. at §7.4. Additionally, the mayor must have declared a local state of disaster before she or he can request disaster recovery assistance from the state. Id. at §7.41. An estimate of the extent of damages sustained to public and private property including homes and business date on the number of people who are deceased, injured or displaces must be attached to the request for assistance along with a copy of the declaration of a local disaster. Id. at 7.43.
A city that participates in disaster preparation or disaster recovery is eligible for funding from the state disaster contingency fund to pay for costs incurred by the city in preparing for and recovering from a disaster. Tex. Government Code §418.073(c). A city that receives funding from the disaster contingency fund to pay for costs associated with disaster recovery and that subsequently receives reimbursement from the federal government, an insurer, or another source shall reimburse the disaster contingency fund. Id. at §418.073(f). A city that is experiencing financial hardship as a result of a disaster may also use funds provided to the city from the disaster contingency fund for purposes of providing local matching funds for FEMA qualifying projects. Id. 418.073(h).
1. Is the city required to pay employees while the city is closed due to a disaster?
The answer depends on whether the employee is an exempt employee or nonexempt employee under the Fair Labor Standards Act (FLSA). Generally, a city is not required to pay nonexempt employees if the city is closed, even if such employees would normally be scheduled to work. See 29 C.F.R. § As a result, whether the city is closed for part of a day, part of a week, or a full week or more, the FLSA does not require the city to pay these employees for time they did not work. However, in instances where a nonexempt employee receives a fixed salary for fluctuating workhours (e.g. an employee who has agreed to work an unspecified number of hours for a specified salary), the city must pay such employee his or her full weekly salary for any week in which any work was performed. See 29 C.F.R. §778.306.
The city is required to pay an exempt employee his or her full salary if the employee works any part of a workweek in which the city is closed or cannot be reopened due to inclement weather or disaster for less than a workweek. See 29 C.F.R. §541.602. For example, if the city is closed for only part of a week, and the exempt employee worked during that any part of that week, the city must a city is required to pay an exempt employee the employee’s full salary if the employee’s worksite is closed or cannot be reopened due to inclement weather or disaster for less than a full workweek. 29 C.F.R. §541.602. If the city is closed for a full workweek and an exempt employee performs no work during that workweek, the city is not required to pay the exempt employee. See 29 C.F.R. §541.602.
2. Can a city penalize an employee who leaves his place of employment to participate in an emergency evacuation order?
Texas law prohibits an employer from discharging or discriminating against an employee who leaves the employee’s place of employment to participate in a general public evacuation ordered under an emergency evacuation order or a local disaster declaration. See Tex. Lab. Code §22.002. An employer who violates this provision is liable for any loss of wages and employer-provided benefits incurred by the employee as a result of the violation. Id. at §22.003. However, this provision does not apply to emergency services personnel, including fire fighters, police officers, emergency medical technicians, and other individuals who are required to provide services for the benefit of the general public in emergency situations, provided that adequate emergency shelter is provided for such individuals. Id. at §22.004.
1. What is the process for procuring goods or services during or after a disaster?
Generally, a city must competitively procure goods or services that require an expenditure of more than $50,000. See Tex. Local Government Code §252.021(a). However, state law allows a city to procure goods or services without following a competitive procurement process if: (1) the procurement is made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the city’s residents or to preserve the property of the city; (2) the procurement is necessary to preserve or protect the public health or safety or the city’s residents; or (3) the procurement is necessary because of unforeseen damage to public machinery, equipment or other property. Id. at §252.022(a)(1)-(3).
Although Section 252.022 relieves the city from complying with the regular competitive procurement process, it does not exempt the city from complying with the requirements related to performance and payment bonds. Performance bonds are required for construction projects that exceed $100,000, and payment bonds are required for construction projects that exceed $50,000. See Tex. Government Code §2253.021.
2. Are purchases made in response to a disaster eligible for reimbursement?
To be eligible for reimbursement, purchases made by a city must comply with federal procurement laws. Although a city may procure goods and services, under state law, without competitive bidding as an emergency, such exception does not necessarily result in compliance with federal procurement rules. Federal law may be more stringent than state law with respect to procurement and emergency exceptions. The Federal Emergency Management Agency’s (FEMA) Procurement Disaster Assistance Team (PDAT) provides assistance with adhering to federal procurement standards and FEMA policies and guidance associated with FEMA’s Public Assistance grants. If a city plans on filing a reimbursement claim with FEMA, the city should work with FEMA and its city attorney to competitively procure goods and services in accordance with federal regulations to reduce the likelihood of disallowance of such claim.
1. What happens if city records are destroyed during a disaster?
*If records are maintained electronically, hopefully backups can be brought online and computer equipment can be salvaged or replaced quickly. In the case of physical records, it is essential to examine the condition of offices, warehouses, and other locations where records are stored as soon as possible. Unfortunately, some physical records just aren’t going to be salvageable or will be too costly to send to a conservation lab for restoration. For some ideas on how to begin triaging records, the Texas State Library and Archives Commission (TSLAC) has a webinar with some suggestions. In cases where the records cannot be recovered, city officials need to document the types of records affected, the volume of records lost, and when the records were due for destruction. For non-permanent records, this internal documentation is sufficient. But for any permanent records, TSLAC will need to be notified. City officials should submit an SLR 501: Request for Authority to Destroy Unscheduled Records (PDF) to TSLAC. It is helpful to TSLAC if the city can include photos, a letter describing the circumstances that lead to the damage, or any other evidence that supports the information you will provide on the form.
Now, the INTENDED use for these forms is either to obtain permission and legal authority to destroy unique records that do not appear on a local government’s approved retention schedule, which otherwise would be permanent OR to request permission from TSLAC to destroy the paper original of a record a local government wants to microfilm.
That being said, if permanent records are damaged/rendered unsalvageable from conditions beyond your control, submit this form to TSLAC in order to officially document and note the event, any pertinent details, and number/ type of records that were destroyed.
This does not absolve you of legal responsibility for following the retention period set by your schedules; it just provides evidence about the nature of the records’ destruction. By doing this in the normal course of business, it shows that information was not intentionally withheld or destroyed.
If you have any questions about our forms or the process, please contact TSLAC at 512-463-7610 or by email.
1. This is an example of a frequently asked question?
2. This is an example of a frequently asked question?
3. This is an example of a frequently asked question?
4. This is an example of a frequently asked question?
5. This is an example of a frequently asked question?
1. Why is the Texas Municipal League Career Center so successful?
The Texas Municipal League (TML) Career Center benefits both employers and job seekers with easy navigation, instant access to job postings, and complete and timely information. The TML Career Center is the number one destination on the TML website. Frequently, the TML Career Center produces better results than local newspapers for both employers and job seekers.
The number of visits average around 150,000 a month as well as 1,200 active jobs per day.
2. As an employer, what are the benefits?
Job openings are posted immediately, and each employer has the ability to track each job posting. Once your job has been posted, you can make edits as needed, see how many times it has been viewed, or even close the job. Past job openings are archived, so they can be reused if you need to re-post a position. Contact the Career Center for more information.
3. As a job seeker, what are the benefits?
The Texas Municipal League Career Center allows you to create a profile that can include multiple resumes, which you are then able to submit electronically. When searching for a job, you can identify the location where you would like to work, select from numerous job categories, and input keywords to specify the type of opportunity you are seeking. You also have the option to browse all jobs and/or browse jobs by a particular employer. Contact the Career Center for more information.
4. Who can submit a Texas Municipal League Career Center job opportunity?
Any Texas Municipal League member city may post a job opportunity at no charge. Private sector companies may post job opportunities at a cost of $150 for a 30-day posting.
Texas Municipal League reserves the right to screen all submissions and deny any considered inappropriate. Contact the Career Center for more information.
5. What if I want to make changes or cancel a Career Center job opportunity?
You have direct access to your posting. You will need to log in and go to My Jobs. To make changes, click on Action/Edit. To cancel, click on Stop (this allows the job to be available for future postings). Contact the Career Center for more information.
6. Do you have any suggestions before I place my job opportunity?
Double check your job opportunity for accuracy and spelling.
After your job opportunity has been posted, view it online and click on the links to verify they work correctly.
Do not use all caps. This is the internet version of shouting and generally does not look professional.
Contact the Career Center for more information.
7. What about Items for sale - can they be submitted as well?
Items for Sale will have their own Classifieds link and are submitted through the Sales Submission Form.
8. If I have additional questions, what should I do?
You can ask for help by emailing the Career Center or by calling 512-231-7400.