Wilderness Emergency Medical Services Institute

TEAM MEMBERING

Skills for the individual

CHAPTER 8: "THE LEGALITIES"

THE LAW, WHO WE ARE, WHO WE WORK FOR, WHAT WE CAN AND CAN'T DO

It's important to keep track of who you are in the overall legal picture. As a Search & Rescue member you're part of a unique and fortunate group. Let's review a few key points.

THE LAW

Arizona law assigns the duty of Search & Rescue to the County Sheriffs. This makes the Sheriff of each county the "LAWFUL AUTHORITY" of Search & Rescue operations. It's the sole right of the Sheriff to decide what, if any, response is to be made to a Search & Rescue problem.

Federal law assigns Search & Rescue Authority differently on various types of federal land. The National Park Service has the legal authority to engage in Search & Rescue operations within the confines of a national park, monument or memorial. The National Park Service maintains its own Search & Rescue teams, has its own procedures to be followed, and trains its personnel on a national level. When working in an NPS operation remember that it is the National Park Service's Operations Leader who is the Lawful Authority. To provide a framework for volunteers to work in, the NPS essentially delegates some authority to the Sheriff, and the Sheriff in turn delegates some authority to us. Note the emphasis on the word "some".

Other areas to pay attention to are various federal reservations. The military bases and bombing ranges are under military authority. Indian Reservations are also independent authorities. The Federal Fish and Wildlife Service has at times placed constraints upon our vehicular activities within wildlife refuges. During wildfires the federal agencies involved have certain emergency authorities available to them to restrict non- fire fighter entry into an area. There also some federal restrictions on the use of helicopters and fixed wing aircraft over federal lands.

WHY A VOLUNTEER TEAM?

Volunteers come into this picture for several reasons.

FINANCIAL: Maintaining a professional team of deputies, always on call and dedicated to Search & Rescue work, is very expensive. The cost of salary and benefits for one deputy starts at $60,000 a year. Then add in expensive mountaineering gear and police vehicles. Multiply this by at least 30 officers, a minimum size for an effective team. The wages and benefits alone would run $1,800,000 a year. I am told that first year startup costs for such a professional team would add another two or three million. Spending such a sum would not go over well with taxpayers, at least not when the same service is available for free.

PUBLIC RELATIONS: Beyond these monetary problems is the good will generated by a volunteer team in the community. A volunteer (low profile) team with a good public image shines most brightly on the Sheriff.

WE LIKE WHAT WE DO & CONSIDER IT IMPORTANT: Can you imagine a volunteer group that doesn't think this way?

WHO WE ARE

SARA is a privately held, charitable, non-profit, totally independent corporation chartered by the state. Neither SARA nor any SARA member can be ordered to do anything by any government agency. SARA can be ordered not to do certain things. Such as not to respond to a request for help, or even to cease a specific Search & Rescue activity. Within the limits laid out by Lawful Authority, SARA is free to respond to any call, regardless of location or of who requests us, at will. Any private person may request our help. SARA has in fact responded through-out Arizona, as well as to other states and Mexico. All with the proviso that the Lawful Authority of the area we are working in either requested us, or did not order us not to respond.

WHO WE WORK FOR

Search & Rescue operations have at times been sidetracked by the confusion among volunteers as to who is really in charge of the operation. We are not the "Sheriff's Team". We are our own team. We make our own decisions and manage our own resources. We decide what we will do with our people, and how we will do it. We work for the victim, the victims family, and we work for ourselves.

We work with the Sheriff and other agencies first and foremost because each group brings certain special abilities, authorities and resources to the aid of victims. If state law regarding Search & Rescue operations were very different, we would still seek to work with other agencies as we now do. The relationships we have work very well for us and victims.

These things being said, we are not about to ignore the concerns or ideas of the Sheriff's Search & Rescue Deputies. They are experienced and well trained people who are just as committed to saving victim's lives as any volunteer is. Their law enforcement training includes extremely valuable topics not available to volunteers. They have many resources at their disposal not available to volunteers. And, of critical importance, they have the authority and responsibility of the law to carry out Search & Rescue operations.

INTERAGENCY RELATIONS

SARA's working relationship with the Sheriff is essentially that of two independent agencies cooperating for the public good. We work together as professionals, as co-conspirators in the victims best interests. What is truly a fact to be proud of is that, in many individual cases, we work together as friends.

There we have some key phrases. Work as friends. Professionals. The Sheriff cannot afford to allow a team that does not maintain a professional level of performance to take part in Public Safety work. As long as we show that our hard earned reputation is based on a high level of professionalism, we needn't be concerned. But should the day come when volunteers lose sight of this, and start showing themselves unworthy of the Public Trust, then the Sheriff will be duty bound to refuse our services. Without a capable Search & Rescue team around, victim care would suffer greatly. And victims are the only legitimate reason for a Search & Rescue team to exist.

The most important factor in dealing with any agency is that of presenting a professional appearance. Be tactful always, and know who is in charge of your own organization. Remember that dealing with various federal authorities is a task that the Sheriffs Search & Rescue Deputy is especially well equipped to handle.

On to CHAPTER NINE...


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