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  1. #1
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    Default Need help locating a story.

    I got a request from an old friend to see if I had this story. I don't. I remember reading somewhere about this incident but I guess I didn't save the email.

    I am looking for the story about the Fire Chief who was arrested for not being NIMS compliant. I do not remember the circumstances behind why he was arrested, ie: incident or death or what. I seem to remember seeing something about this several months ago somewhere. As I said, I don't know or understand that he was or how he could have been arrested for not being NIMS compliant unless there was something more to too it.

    If anyone remembers or or has this story or knows what it was about please let me know. You can email me at firemedic_19@yahoo.com.

    Thanks,


  2. #2
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    Quote Originally Posted by pmed19 View Post
    I got a request from an old friend to see if I had this story. I don't. I remember reading somewhere about this incident but I guess I didn't save the email.

    I am looking for the story about the Fire Chief who was arrested for not being NIMS compliant. I do not remember the circumstances behind why he was arrested, ie: incident or death or what. I seem to remember seeing something about this several months ago somewhere. As I said, I don't know or understand that he was or how he could have been arrested for not being NIMS compliant unless there was something more to too it.

    If anyone remembers or or has this story or knows what it was about please let me know. You can email me at firemedic_19@yahoo.com.

    Thanks,
    I can't imagine a chief being criminally arrested for failure to follow NIMS. Aside from not receiving grants, assistance, and so forth, the most I could see is some kind of civil action; but criminal arrest and detention?

  3. #3
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    As I said. I don't remember the exact circumstances. Just remember hearing about it. There has to be someone out there that has seen it too.

  4. #4
    Forum Member wcfpd2601's Avatar
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    Jeremy,
    I haven't heard of this. I also don't see how it is possible if it was just due to NIMS compliance. NIMS compliance is not a law. It is an unfunded mandate to get grant funding.

    There have been arrests made for people "cheating" on tests to become NIMS compliant. There have also been audits done after departments have received grants and have claimed to have been NIMS compliant, which was a requirement. Maybe there was an issue regarding that?

    If you find the article you have my email, please forward it to me.

    SP
    The success of a fire department depends on the willingness of its members to put aside their differences and work for the benefit of the dept/community.

  5. #5
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    i think it was from texas about a year ago. he did not go to jail for not being compliant he went to jail for falsifying test to be compliant. his men never took the test but they got certs saying they did

  6. #6
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    Quote Originally Posted by elk1544 View Post
    i think it was from texas about a year ago. he did not go to jail for not being compliant he went to jail for falsifying test to be compliant. his men never took the test but they got certs saying they did
    That sounds like the one. I need this article if anyone can find it.

  7. #7
    Forum Member JayDudley's Avatar
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    Default Directive HSPD-5

    Wasn't this Presidential Directive passed and all departments had to be NIMS compliant.
    Respectfully,
    Jay Dudley
    Retired Fire
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  8. #8
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    Yes it was. But I don't think that makes it an arrestable offense based on just not being NIMS compliant. I am interested in what the actual story was. It would have bearing i'm sure if the dept. is not NIMS compliant and something happened as a direct result of that fact.

  9. #9
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    Ok, let me try to clarify a few things here; first off to be NIMS compliant you need to do 2 things, neither of which has anything to do what classes have been taken, have your ordnance on file with the state and have completed nimcast. No one would have been arrested for not being compliant but may have for lying about it on a grant application for which they were awarded funds, even then arrest would be unlikely but repayment would be demanded for which I have heard of happening.

  10. #10
    Forum Member kprsn1's Avatar
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    pmed, haven't heard about anyone being arrested but have seen this one... http://www.firerescue1.com/firefight...in-2002-LODDs/. If you google it you will find an article posted called "NIMS Directives and Liability." Essentially suggests that since the federal government mandated NIMS, it now opens liability for those that don't follow the protocols.
    Last edited by kprsn1; 05-25-2010 at 11:52 PM.
    SFPD Member MABAS Division 47
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  11. #11
    Forum Member wcfpd2601's Avatar
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    I have seen that article before. My take on it...it is like any other policy or directive adoption, if you say you are going to do it and don't you can be held liable.

    Understand I think NIMS is a good thing...I teach all the classes, and it is a big part of my work at my full-time job (keeping us NIMS compliant). Although I think it is a huge mistake...no one (other than the Feds) MUST be NIMS compliant. You will lose out on a lot of opportunities if you're not (i.e Grant funding and assistance), but you don't have to be. The way that they are getting everyone to do it is by dangling the carrot in front of you...again...grants. Here is the excerpt form NIMS/HSPD 5...

    HSPD–5 requires all Federal departments and agencies to adopt NIMS and to use it in their individual incident management programs and activities, as well as in support of all actions taken to assist State, tribal, and local governments. The directive requires Federal departments and agencies to make adoption of NIMS by State, tribal, and local organizations a condition for Federal preparedness assistance (through grants, contracts, and other activities). NIMS recognizes the role that NGOs and the private sector have in preparedness and activities to prevent, protect against, respond to, recover from, and mitigate the effects of incidents.

    Again, it is a VERY smart move to become NIMS compliant and stay that way...which means completing any new compliance activities for the fiscal year.

    As mentioned before, audits are being done. If you say you are compliant and receive a grant then get audited and are not compliant, they will want the money back. As trainer stated, the State has to have a copy of your resolution and NIMSCAST must be submitted every year (by Sept 30).

    My two cents...
    The success of a fire department depends on the willingness of its members to put aside their differences and work for the benefit of the dept/community.

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