ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM
FOR EMERGENCY INCIDENT MANAGEMENT IN MICHIGAN
WHEREAS, under Section 1 of Article V of the Michigan Constitution of 1963, the executive power is vested in the Governor;
WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, each principal department of state government is under the supervision of the Governor unless otherwise provided by the Constitution;
WHEREAS, under Section 8 of Article V of the Michigan Constitution of 1963, the Governor is responsible to take care that the laws be faithfully executed;
WHEREAS, under Section 3 of the Emergency Management Act, 1976 PA 390, MCL 30.403, the Governor is responsible for coping with dangers to the State of Michigan or the People of the State of Michigan presented by a disaster or emergency;
WHEREAS, under Section 7a of the Emergency Management Act, 1976 PA 390, MCL 30.407a, the Michigan Department of State Police is responsible for coordinating within this state the emergency management activities of county, municipal, state, and federal governments;
WHEREAS, the President of the United States in a Homeland Security Directive issued on February 28, 2003 (“HSPD-5”), directed the Secretary of the United States Department of Homeland Security to develop and administer a National Incident Management System;
WHEREAS, HSPD-5 requires the National Incident Management System (“NIMS”) to provide a consistent nationwide approach for federal, state, and local governments to work effectively and efficiently together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity, and to provide for interoperability and compatibility among federal, state, and local entities;
WHEREAS, HSPD-5 also requires the National Incident Management System to include a core set of concepts, principles, terminology, and technologies covering the Incident Command System, multi-agency coordination systems, unified command, training, identification and management of resources (including systems for classifying types of resources), qualifications and certification, and the collection, tracking, and reporting of incident information and incident resources;
WHEREAS, collective input and guidance from all governmental homeland security partners, including federal, state, local, and the governments of federally-acknowledged Indian tribes within this state, is vital to the development, effective implementation, and utilization of a comprehensive National Incident Management System;
WHEREAS, it is necessary and desirable that all federal, state, and local emergency agencies and personnel, and the emergency agencies and personnel of the governments of federally-acknowledged Indian tribes within this state, coordinate efforts to effectively and efficiently provide the highest levels of incident management;
WHEREAS, to facilitate the most efficient and effective incident management, it is critical that federal, state, local, and tribal governments build upon and expand existing efforts to utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters;
WHEREAS, standardized procedures under the National Incident Management System for managing personnel, communications, facilities, and resources will improve Michigan’s ability to utilize federal funding to enhance state, local, and tribal governmental readiness, maintain first responder safety, and streamline incident management processes;
WHEREAS, the incident command system components of the National Incident Management System are already an integral part of various incident management activities throughout the State of Michigan, including current emergency management training programs;
WHEREAS, the National Commission on Terrorist Attacks upon the United States (the 9-11 Commission), has recommended that emergency response agencies nationwide adopt the Incident Command System (ICS);
WHEREAS, it is necessary and proper to undertake all prudent measures to detect, prepare for, prevent, protect against, respond to, and recover from violence or threats of violence from terrorist attacks, emergencies, and disasters;
NOW, THEREFORE, I, Jennifer M. Granholm, Governor of the State of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, direct the following:
1. The National Incident Management System (“NIMS”) shall be the state standard for incident management in Michigan.
2. State departments and agencies shall adopt NIMS within their departments and agencies and shall provide assistance as requested by the Department of State Police related to the implementation and maintenance of NIMS.
3. Consistent with the authority vested in the Department of State Police under the Emergency Management Act, 1976 PA 390, MCL 30.401 to 30.421, the Department of State Police is responsible within state government for implementing NIMS and monitoring compliance with this Directive. When implementing NIMS, the Department of State Police shall do all of the following:
a. Incorporate NIMS into existing emergency management and disaster preparedness training programs and exercises.
b. Ensure that federal preparedness funding, including, but not limited to, the Department of Homeland Security Grant Program and the Urban Area Security Initiative (UASI) funds, support the implementation and maintenance of NIMS at the state, local, and tribal levels in accordance with the eligibility and allowable uses of the federal preparedness funding.
c. Incorporate NIMS into the Emergency Management Plan for the State of Michigan.
d. Promote intrastate mutual aid agreements.
e. Coordinate and provide technical assistance regarding NIMS to local and tribal governments.
f. Institutionalize the use of the Incident Command System (“ICS”).
4. The Department of State Police, in consultation with the Homeland Protection Board and the Homeland Security Advisory Council created under Executive Order 2003-6, shall provide guidance on the implementation of NIMS by local and tribal governments throughout Michigan.
5. The Department of State Police, in consultation with the Homeland Protection Board and the Homeland Security Advisory Council created under Executive Order 2003-6, shall develop processes and procedures to ensure the on-going management and maintenance of NIMS by this state and local and tribal governments located within this state.
6. The Department of State Police shall make adoption of NIMS a requirement, to the extent permitted by law, for the provision of emergency management or disaster preparedness assistance through grants, contracts, or other activities.
This Directive is effective immediately.
Given under my hand this 29th day of September, in the year of our Lord, two thousand and five.
JENNIFER M. GRANHOLM