Jurisdictional Issues and Using the Law to Enhance Cross-Jurisdictional Coordination

1. Jurisdictional Issues and Using the Law to Enhance Cross-Jurisdictional Coordination [name of speaker] [title of speaker] [date] Photo Source: IStock.com/Jacob Ammentorp Lund

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

3. Learning Objectives • Understand how the law can assist with collaboration and coordination for emergency preparedness, response, and recovery. • Describe different types of intergovernmental agreements to enhance cross-jurisdictional coordination. • Describe recommendations for successful intergovernmental agreements.

4. Federal – Tribal Relationship: Government – to – Government • Trust relationship • Potential Impact on Disaster Preparedness: United State government agencies assist and support Tribal Nations in preparing for, responding to, and recovering from emergencies Photo Sources: http://digital.library.okstate.edu/kappler/Vol2/treaties/six0023.htm; CC BY-SA missyyannalfo https://flic.kr/p/6SxsJT

5. State – Tribal Relationship: Government – to – Government • Regulatory Authority:Generally speaking, state governments do not have regulatory authority on Tribal lands • Collaboration: Tribes and states often partner and work together • Potential Impact on Disaster Preparedness: Poor Tribal – state relationships can affect disaster operations Photo Source: CC BY-SA Rodrigo Miguel RR https://flic.kr/p/VDHHmK

6. Collaboration and Coordination Photo Source: https://www2.census.gov/geo/maps/special/AIANWall2010/AIAN_US_2010.pdf

7. Cross-Jurisdictional Coordination Photo Sources: IStock.com/narak0rn; IStock.com/MR-MENG;CC BY-SA Craig Taylor https://flic.kr/p/8pnLax; IStock.com/Jacob Wackerhausen; IStock.com/Model-la

8. Cross-Jurisdictional Coordination (cont.) • California Rural Indian Health Board Cross-Jurisdictional Sharing Research Project • A study of cross-jurisdictional sharing arrangements between Tribes and counties in California conducted by the California Rural Indian Health Board (CRIHB) Photo Source: IStock.com/Pinkypills

9. Reasons to Enter into Intergovernmental Agreements • Address cross-jurisdictional goals and resolve outstanding differences, before a disaster strikes or a public health emergency occurs • Leverage collective resources in manpower, equipment, funding, etc. • Resolve legal uncertaintybefore an emergency occurs • Establish and specify roles, responsibilities, and authorities • Foster increased trust, communication, and an understanding of mutual priorities Photo Source: IStock.com/BrianAJackson

10. Intergovernmental Agreements • Olympic Regional Mutual Aid Agreement • 7 Tribes, 3 states located in the Olympic peninsula of Washington • Can be invoked for public health emergencies and other public health collaborations (e.g., vaccination clinics, trainings, etc.) • Tribes have two options under the Mutual Aid Agreement: • Temporarily grant authority to local jurisdiction • Maintain authority and request technical assistance

11. Recommendations for Successful Intergovernmental Agreements • Mutual respect and understanding • Shared purpose • Established relationship between the partners • Designated personnel foreach party to ensure consistent and frequent communication • Neutral convening organization Photo Source: IStock.com/aydinynr

12. Summary • The law can assist with collaboration and coordination for emergency preparedness, response, and recovery. • Intergovernmental agreements can enhance cross-jurisdictional coordination and provide the opportunity to address issues and resolve disputes in advance before a disaster or emergency occurs. • Recommendations to ensure successful intergovernmental agreements include mutual respect and understanding, having a shared purpose or goal, and having an established relationship in place prior to entering into an agreement. Photo Source: IStock.com/nzphotonz

13. Questions?

14. Resource Library tlpp.pitt.edu

15. Contact Tina Batra Hershey, JD, MPH Assistant Professor, Health Policy & Management Associate Director for Law and Policy, Center for Public Health Practice Graduate School of Public Health Adjunct Professor of Law University of Pittsburgh tbh16@pitt.edu For more information and resources, visit: tlpp.pitt.edu

16. Acknowledgement Funding for this activity was made possible (in part) by the Centers for Disease Control and Prevention and ChangeLab Solutions under Cooperative Agreement Numbers NU38OT000307 and NU38OT000141.  The views expressed in written materials or publications and by the speakers and moderators do not necessarily reflect the official policies of the Department of Health and Human Services, nor does the mention of trade names, commercial practices, or organizations imply endorsement by the U.S. Government.