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Legal Aspects of Emergency Services Management


Introduction
The Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 (Stafford Act) oversees the capability of our country to prepare adequately in responding to any disasters. The Act is fundamental in making sure that there is well coordinated foundation of a national response to these disasters. However, there are a number of shortcomings that have been identified, and through a deeper understanding of the gaps and pitfalls, I am going to analyze and make viable decisions as to whether we should be for, or against the act, when dealing with preparedness, response as well as disaster recovery. In my reflexive essay, I will argue against the reformation of Stafford Act. I will provide reasons in a bid to provide support for my argument.
One of the main reasons as to why I am against the Stafford Act is due to its failures in anticipating some of the most devastating disasters in the past, for instance; Hurricane Katrina (Farber, 2006). During this disaster, there was inadequate response because the Federal Emergency Management Agency (FEMA) was slow in addressing the issue. Due to this, there was a lot of loss of lives and property, something that could have been mitigated proactively. Due to the failures of FEMA, and it being the custodian of the Stafford Act, it also reflects the inefficiency of the Act generally. Basing on this I can say that by reformation of the Act, we might be exposed to a similar situation in the future, something that we might live to regret. Because of the above incident the Act has been widely criticized and it would take a lot of time before people again reinstall their belief and trust in it.
Despite the fact the federal government paid reimbursement of local expenditures as required by law, it is also important to note that much of the infrastructure like transport and communication, as well as other amenities are destroyed, something that would also force the government to spend a lot, in a bid to restore the previous status. Destruction of property, also leads to loss of employment spots, leading to a massive loss of jobs. This is something should not occur. These are some of the loopholes that I would suggest for a more efficient Act in place other the Stafford Act.
Another reason as to why I am against the reformation of the Act is because of its lack of appropriate structures, which give a participatory platform for all stakeholders, in this case, the community. The end result of this is the disagreements that occur between the FEMA officials the community on replacement of infrastructure (Hunter, 2009). There is need for an all inclusive Act to be formulated that will guard the interests of all parties. It is important for everyone to be satisfied with the efforts that the federal government makes in a bid to make the lives of the affected get back to the normal standards. This means that an Act that does not represent all interests is seen as inappropriate. The Act should be in a position to evaluate the true value of the losses, and compensate aggrieved parties accordingly, something that is not common with FEMA.
There is also a lack of flexibility with this Act, as FEMA takes a long time before settling some of the issues the aggrieved parties face. This is often seen with the long process that it takes for cash needed to be reimbursed. During the long wait, the affected pass through hardships to survive. I would suggest for a more time conscious Act, that can be able to address issues in the shortest time possible. According to Cathy (2010), FEMA should recognize some of the immediate issues to be addressed, like food shelter and clothing before embarking on the long term solutions. 
This is not covered within the Stafford Act. To add on this, the Act prohibits any assistance to the affected except from those utilities that are publicly owned or non profit. There is a need for an Act that can be all inclusive where anyone is able to give a helping hand for emergency situations. This is something that can be helpful especially in immediate situations, which FEMA might not address.   
It is also important that this Act lacks the catastrophic for disaster housing plans that meets the needs of the community. This leads to a lack of satisfaction and therefore poor living conditions. The affected people are forced to work extra hard to make up for their loss of property. If the Stafford Act were to be effective, it would help mitigate these disasters. I believe the reformation of the Stafford Act, would not hinder, or even clean up as well as recovery in Deepwater Horizon BP Oil Spill in the Gulf of Mexico (Cathy, 2010). This is because of the late responses that the Act is characterized with, and by the time it gets accessible to the site, lots of marine life will have been lost.
Conclusion
In general the Stafford Act is meant to provide solutions to emergency cases whenever a disaster faces people, or places. However what I don’t understand is the length at which FEMA which is the custodian of the Act takes to provide responses to these issues. In my opinion, I believe that this Act lacks the efficiency that is needed for an emergency situation, and I am against its reformation. I would suggest for a more efficient Act, that is fast in case of an emergency, and one which can satisfy all stakeholders in terms of solution provision.



References
Cathy, F.X. (2010). Potential Stafford Act Declarations for the Gulf Coast Oil Spill: Issues for Congress New York: DIANE Publishing
Farber, D. A. (2006) Disasters and the Law: Katrina and Beyond Aspen elective series Elective Series Ohio: Aspen Publishers Online
Hunter, N. D. (2009). The law of emergencies: Public health and disaster management. Boston, MA: Butterworth-Heinemann