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Police Overtime

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1603-DR
ApplicantCity of New Orleans
Appeal TypeSecond
PA ID#071-55000-00
PW ID#xxx-xxxxx
Date Signed2006-06-23T04:00:00
xxx-xxx

Appeal Letter

June 23, 2006

Colonel Jeff Smith
Governor’s Authorized Representative
Louisiana Office of Emergency Preparedness
7667 Independence Blvd.

Baton Rouge, Louisiana 70806

Re: Second Appeal - City of New Orleans, PA ID 071-55000-00, Police Overtime, FEMA-1603-DR-LA

Dear Colonel Smith:

This is in response to a letter transmitted through your office dated February 21, 2006, from the City of New Orleans Office of Homeland Security and Public Safety (Applicant). By transmitting this appeal letter directly to FEMA Headquarters, the Applicant has waived their opportunity for a first appeal review by the Regional Director.
The Applicant is requesting that FEMA provide Public Assistance funding for overtime to the City of New Orleans Police Department (NOPD). The purpose is to maintain an increased law enforcement presence at specific sites within Orleans Parrish that support the Hurricane Katrina disaster recovery effort.
In support of its request, the Applicant describes Hurricane Katrina’s significant impact on the NOPD including the reduction in manpower in the law enforcement ranks and in the administrative and operational support roles. In total, the NOPD has lost approximately 20 percent of its pre-disaster staff. The demobilization of National Guard troops and the departure of other law enforcement entities have further increased the burden on the department.

The Applicant describes post-disaster security requirements at the facilities including NOPD headquarters, a NOPD special operations complex, a 911 communications center, an Emergency Operations Center, NOPD fueling locations, an auto impoundment facility, and the Riverwalk Parking Lot where NOPD vehicles were located for personnel living on the cruise ships. According to the Applicant, the security need at many of these locations is temporary until the repair of pre-existing technology can render the need for physical security unnecessary or until assets located at the sites are relocated.

After a thorough review of the request, I have determined that the Algiers and Broad Street Fueling locations require police security to ensure that police operations to protect public health and safety are not adversely affected by any disruptions to the fuel supply that might result from unauthorized use. In addition, I have determined that providing security at the Riverwalk Parking Lot, where police personnel living on the cruise ships stored their police weapons in their cars, was an eligible emergency protective measure. Therefore, by copy of this letter, I am requesting that the Disaster Recovery Manager prepare a Project Worksheet to extend eligible police overtime at the fueling locations until the automated card systems that control the fuel pumps become operational. Eligible police overtime for the Riverwalk Parking Lot is to be extended until the date that the cruise ships departed.
FEMA recognizes the tremendous impact to the NOPD, particularly in terms of staff losses and damaged facilities. However, the security requirements at the remaining facilities cited in your letter do not constitute immediate threats where lives or property are clearly at risk. Therefore, FEMA can not approve any additional funding of overtime for NOPD to provide security at these additional locations.
The Applicant’s appeal is partially approved. Please inform the Applicant of my decision. My determination constitutes a final decision of this matter pursuant to 44 CFR § 206.206.

Sincerely,
/S/
David Garratt
Acting Director of Recovery
Federal Emergency Management Agency

cc: William E. Peterson
Regional Director
FEMA, Region VI