Sec. 28-1a. Department of Emergency Management and Homeland Security. Commissioner. Qualifications and duties. Organization of department. Regulations. Interagency memorandum of understanding. Transfe
Sec. 28-1a. Department of Emergency Management and Homeland Security.
Commissioner. Qualifications and duties. Organization of department. Regulations. Interagency memorandum of understanding. Transfer of functions, powers,
duties and personnel to department. (a) There is established a Department of Emergency Management and Homeland Security. Said department shall be the designated
emergency management and homeland security agency for the state. The department
head shall be the commissioner, who shall be appointed by the Governor in accordance
with the provisions of sections 4-5, 4-6, 4-7 and 4-8 with the powers and duties prescribed
in said sections. The commissioner shall possess professional training and knowledge
consisting of not less than five years of managerial or strategic planning experience in
matters relating to public safety, security, emergency services and emergency response.
No person possessing a record of any criminal, unlawful or unethical conduct shall be
eligible for or hold such position. Any person with any present or past political activities
or financial interests that may substantially conflict with the duties of the commissioner
or expose such person to potential undue influence or compromise such person's ability
to be entrusted with necessary state or federal security clearances or information shall
be deemed unqualified for such position and shall not be eligible to hold such position.
The commissioner shall be the chief administrative officer of the department and shall
have the responsibility for providing a coordinated, integrated program for state-wide
emergency management and homeland security. The commissioner may do all things
necessary to apply for, qualify for and accept any federal funds made available or allotted
under any federal act relative to emergency management or homeland security.
(b) With reasonable conformance to applicable federal statutes and administrative
regulations of the Federal Emergency Management Agency and the requirements of the
Connecticut emergency operations plan, the commissioner shall organize the department and the personnel of the department as may be necessary for the effective discharge
of the authorized emergency management, civil preparedness and homeland security
missions, including, but not limited to, the provisions of the Connecticut emergency
operations plan and the national plan for civil preparedness. Any department personnel
may be removed by the commissioner for security reasons or for incompetence, subject
to reinstatement by the Employees' Review Board. The commissioner may enter into
contracts for the furnishing by any person or agency, public or private, of services necessary for the proper execution of the duties of the department. Any such contract that has
a cost of three thousand dollars or more shall be subject to the approval of the Attorney
General.
(c) The commissioner shall be responsible for: (1) Coordinating with state and local
government personnel, agencies and authorities and the private sector to ensure adequate
planning, equipment, training and exercise activities by such personnel, agencies and
authorities and the private sector with regard to homeland security; (2) coordinating,
and as may be necessary, consolidating homeland security communications and communications systems of the state government with state and local government personnel,
agencies and authorities, the general public and the private sector; (3) distributing and,
as may be appropriate, coordinating the distribution of information and security warnings to state and local government personnel, agencies and authorities and the general
public; and (4) establishing standards and security protocols for the use of any intelligence information.
(d) The commissioner may adopt such regulations, in accordance with the provisions of chapter 54, as necessary to implement the duties of the department.
(e) The commissioner shall, in consultation with the bargaining unit representing
state police, enter into an interagency memorandum of understanding with the Department of Public Safety and the Military Department to provide for (1) the temporary
assignment and retrenchment rights of state police and employees of the Military Department to work in the department, and (2) interagency information sharing. Any such
personnel temporarily assigned shall act under the direction of the commissioner. The
Department of Public Safety and the Military Department, respectively, shall retain
administrative control over such personnel.
(f) The commissioner may request and may receive from any federal, state or local
agency, cooperation and assistance in the performance of the duties of the department,
including the temporary assignment of personnel necessary to perform the functions of
the department. Any such personnel temporarily assigned shall act under the direction
of the commissioner. The federal, state or local agency shall retain administrative control
over such personnel. For purposes of section 5-141d, such personnel temporarily assigned shall be deemed to be acting as state employees while assigned to, and performing
the duties of, the department.
(g) The functions, powers, duties and, as determined to be necessary by the commissioner, personnel of the Division of Homeland Security within the Department of Public
Safety and the Office of Emergency Management within the Military Department shall
be transferred to the Department of Emergency Management and Homeland Security
in accordance with the provisions of sections 4-38d, 4-38e and 4-39.
(P.A. 77-614, S. 510, 610; P.A. 88-135, S. 5; May Sp. Sess. P.A. 92-12, S. 2, 10; P.A. 93-206, S. 4, 16; P.A. 99-190,
S. 1, 9; P.A. 04-219, S. 13; P.A. 05-265, S. 1; 05-287, S. 6; P.A. 06-196, S. 156.)
History: P.A. 88-135 substituted office of "emergency management" for office of "civil preparedness"; May Sp. Sess.
P.A. 92-12 deleted phrase "for administrative purposes only" and required said office to be the designated civil defense
organization for state; P.A. 93-206 placed office of emergency management within division of fire, emergency and building
services, effective July 1, 1993; P.A. 99-190 transferred the Office of Emergency Management from the Division of Fire,
Emergency and Building Services within the Department of Public Safety to the Military Department, effective July
1, 1999; P.A. 04-219 eliminated former provisions and substituted provisions establishing Department of Emergency
Management and Homeland Security within the Office of Policy and Management for administrative purposes only,
requiring commissioner to be department head and specifying qualifications and duties of commissioner in Subsec. (a),
requiring commissioner to organize department and personnel as necessary for effective discharge of authorized emergency
management, civil preparedness and homeland security missions, authorizing removal of any department personnel by
commissioner for security reasons or incompetence and authorizing commissioner to enter into contracts for the furnishing
of services necessary for the proper execution of the duties of department in Subsec. (b), specifying responsibilities of
commissioner in Subsec. (c), authorizing commissioner to adopt regulations in Subsec. (d), requiring commissioner to
enter into interagency memorandum of understanding with Department of Public Safety and Military Department in Subsec.
(e), and requiring transfer of functions, powers, duties and personnel of Division of Homeland Security within Department
of Public Safety and Office of Emergency Management within Military Department to new department in Subsec. (f),
effective January 1, 2005; P.A. 05-265 amended Subsec. (e)(1) to provide that the assignment of personnel is temporary,
to require that any such personnel temporarily assigned act under the direction of the commissioner, deleting reference to
"all such assigned employees" and "sole" direction, and to require Department of Public Safety and Military Department
to retain administrative control over such personnel, added new Subsec. (f) allowing commissioner to request and receive
cooperation and assistance in the performance of the duties of department from any federal, state or local agency, and
redesignated existing Subsec. (f) as Subsec. (g), effective July 13, 2005; P.A. 05-287 amended Subsec. (a) to delete provision
placing Department of Emergency Management and Homeland Security within the Office of Policy and Management for
administrative purposes only, effective July 13, 2005; P.A. 06-196 made technical changes in Subsec. (c), effective June
7, 2006.