Could a parish emergency office bar responders from an accident scene without a declared emergency?

Plain-English summary

An Allen Parish constable asked whether the parish homeland security and emergency preparedness office could take over an accident scene and exclude other responders, especially when the situation was not a declared disaster. The Attorney General concluded the office's broad control over local responders' access depended on a formal emergency declaration by the parish president.

Outside a declaration, the opinion said the sheriff's office, fire department, and ambulance services retained authority to enter the accident scene for their statutory or contractual duties. Even during a declaration, the cited Act did not let the parish office direct or control a state agency, so state police could perform their statutory duties. The AG also identified statutory duties of cooperation during a declared emergency.

Currency note

This opinion was issued in 2006. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy.

Common questions

What had to happen before the parish office could control scene access?

The AG said the parish president had to formally declare a local emergency under the cited Act.

Could state police be excluded under the parish declaration?

The opinion said the Act did not let the parish president or parish agency direct or control a state agency; state police could enter to perform their statutory duties.

Who could enter an ordinary accident scene without a formal declaration?

The AG identified the sheriff's office, fire department, and ambulance services as retaining jurisdiction to enter for their statutory or contractual duties.

Background and statutory framework

The opinion read LSA-R.S. 29:727(D)'s local declaration authority with LA. R.S. 29:727(F)(7)'s power to control movement into and within an affected area. It distinguished a declared local emergency from an accident outside that declaration and quoted the Act's call for local resources and interagency cooperation.

Citations

• LSA-R.S. 29:727(D) (local declaration).
• LA. R.S. 29:727(F)(7) (access and movement authority).
• LA. R.S. 29:727(F)(2) (use of local resources).

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/05-0257

Original opinion text

December 28, 2006
OPINION NUMBER 05-0257

64-B Military Department
84 - Parishes
Honorable Kevin P. Doise
Constable Ward 2, Allen Parish The Parish Office of Homeland Security and
P.O. Box 1074
Emergency preparedness, under the direction of the
parish president, has authority to take over the scene Kinder, LA 70648 of a disaster only in the event of a formal declaration of emergency by the parish president pursuant to LA. R.S.
Dear Mr. Doise: 29:722 et seq.

We are in receipt of your request for an Attorney General opinion. You question whether in the event of an emergency, the Parish Office of Homeland Security and Emergency Preparedness has the right to take over the scene of an accident and refuse other emergency personnel from entering the scene. As per your conversation with our office and pursuant to your request letter, you are searching for a clear definition of the legal jurisdiction and responsibilities of the Parish Office of Homeland Security and Emergency Preparedness in emergency situations not classified as disasters within a given parish.

The Louisiana Homeland Security and Emergency Assistance and Disaster Act (“Emergency and Disaster Act”), LSA-R.S 29:722 et seq., provides that, local disasters or emergencies may be declared by the parish president pursuant to LSA-R.S. 29:727(D). The Emergency and Disaster Act also provides for the creation of a homeland security and emergency preparedness agency, under the direct control of the parish president. Such an agency is responsible for emergency or disaster mitigation, preparedness, response, and recovery. Id.

Under the direction and control of the parish president, the parish office of homeland security and emergency preparedness can “[c]ontrol ingress and egress to and from the affected area, the movement of persons within the area, and the occupancy of premises therein.” LA. R.S. 29:727(F)(7) (2006). However, the statute is clear that none of the powers conferred upon the parish agency or parish president shall be construed to direct or control the activities of a state agency. Therefore state police, as a governmental entity listed in your letter, could enter the scene of an emergency without restriction to carry out their statutory duties.

With respect to the other parish law enforcement or first response entities, the parish office of homeland security would only have total jurisdiction to control the ingress and egress of an emergency scene if a local emergency had been

Page 2

Opinion Number 05-0257
Honorable Kevin P. Doise, Constable
Page: -2-

declared by the parish president. The provisions of section 727 of the Emergency and Disaster Act shall be carried out by the parish president during a declared local emergency. LA. R.S. 29:722 et. seq., see also R.S. 29:727(E). Outside of a formally declared emergency by the parish president, the sheriff’s office, fire department and ambulance services would have jurisdiction to enter the scene of an automobile accident, as you described in your letter, to perform their statutory or contractual duties.

It is important to note that the Emergency and Disaster Act encourages cooperation among governmental agencies during a declared emergency. The parish president is mandated to “[u]tilize all available resources of the local government as reasonably necessary to cope with the local disaster or emergency.” LA. R.S. 29:727(F)(2) (2006). Additionally, the Act mandates cooperation among other federal, state and local governmental entities. LA. R.S. 29:729(B)(11) (2006).

We hope this opinion has sufficiently addressed your concerns. If our office may be of further assistance, please do not hesitant to contact us.

Sincerely,

CHARLES C. FOTI, JR.
ATTORNEY GENERAL

By: ___
MYERS P. NAMIE
Assistant Attorney General

Page 3

Opinion Number 05-0257
Honorable Kevin P. Doise, Constable
Page: -3-

SYLLABUS

OPINION 05-0257

64-B Military Department
84 - Parishes

The Parish Office of Homeland Security and Emergency preparedness, under the direction of the parish president, has authority to take over the scene of a disaster only in the event of a formal declaration of emergency by the parish president pursuant to LA. R.S. 29:722 et seq.

Honorable Kevin P. Doise
Constable Ward 2, Allen Parish
P. O. Box 1074
Kinder, Louisiana 79648

DATE RECEIVED:

DATE RELEASED: December 28, 2006

Myers P. Namie
Assistant Attorney General