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Second Appeal Brief
PA ID# 000-UURAV-00; Louisiana State University Health Care Services Division Medical Center of Louisiana at New Orleans
PW ID# 20644; Direct Result of Disaster
Conclusion: The contract security services performed at Charity Hospital from August 2010 to June 2012 are neither work required as a direct result of a disaster as required by 44 C.F.R. § 206.223(a), nor an eligible emergency protective measure as defined by 44 C.F.R. § 206.225(a).
In August 2005, Hurricane Katrina caused extensive damage to Charity Hospital, which was closed immediately following the storm and has since remained closed. From August 2010 to June 2012, the Applicant secured the building contents by utilizing contract security services consisting of foot and mobile patrol officers around the vacant building, for a total cost of $592,920.32. FEMA prepared PW 20644 for zero dollars for this work, finding that the security services did not constitute an eligible emergency protective measure. In its first appeal, the Applicant argued that FEMA requested that the building contents be secured until the valuation process was completed. The Applicant also stated that the valuation process was not completed until December 2012. Upon review, the Regional Administrator denied the first appeal based on the finding that the security services provided five to seven years after the disaster did not meet eligibility requirements of an emergency protective measure. In its second appeal, the Applicant requests reconsideration, claiming that the security services were necessary to avoid damage resulting from theft and vandalism, as well as to protect the public from exposure to any dangerous material within the hospital.
Authorities and Second Appeals
- Stafford Act § 403
- 44 C.F.R. § 206.223(a).
- 44 C.F.R. § 206.223(e).
- 44 C.F.R. § 206.225(a)(1).
- 44 C.F.R. § 206.225(a)(3).
- PA Guide, at 23 (Oct. 1999).
- PA Guide, at 50.
- 44 C.F.R. § 206.223(a) states that to be eligible for financial assistance, an item of work must be required as the result of the major disaster. The PA Guide specifies that work must be required as a direct result of the declared disaster.
- The contract security services were performed to avoid theft and vandalism, and other potential consequences of such criminal acts five to seven years after the event. This work was not required as a direct result of the major disaster; therefore, the work is ineligible for financial assistance.
- 44 C.F.R. § 206.225(a)(1) provides that emergency protective measures to save lives, to protect public health and safety, and to protect improved property are eligible. 44 C.F.R. § 206.225(a)(3) further provides that eligible emergency protective measures must: (i) eliminate or lessen immediate threats to life, public health or safety; or (ii) eliminate or lessen immediate threats of significant additional damage to improved public or private property through measures which are cost effective.
- The contract security services provided five to seven years after the disaster did not serve to eliminate or lessen any immediate threat.
- The contract security services were performed to avoid theft or vandalism, which are not considered an immediate threat from a hurricane disaster event.