§ 10-14-3-19 — Mobile support units

Indiana § 10-14-3-19

• Jurisdiction: Indiana
• Title 10: PUBLIC SAFETY
• Art. 14: EMERGENCY MANAGEMENT
• Ch. 3: Emergency Management and Disaster Law

Text

(a) The governor, or the executive director
at the request of the governor, may establish the number of mobile
support units necessary to respond to a disaster, public health
emergency, public safety emergency, or other event that requires
emergency action. A mobile support unit may consist of one (1) or
more individuals. The executive director shall appoint a commander for
each unit who has primary responsibility for the:
(1) organization;
(2) administration; and
(3) operation;
of the unit. Mobile support units shall be called to duty for training, an
exercise, or a response upon orders of the governor or the executive
director and shall perform the units' functions in any part of Indiana or
in other states, upon the conditions specified in this section. The term
of this duty shall be for a limited period of not more than sixty (60)
days. However, the executive director may renew the duty orders for
successive periods of not more than sixty (60) days if necessary for the
mobile support unit to participate in or respond to the event. Members
serving on the mobile support units are immune from discipline or
termination by the members' employers for serving in the units.
(b) An individual selected to serve as a member of a mobile support
unit may be unemployed, retired, self-employed, or employed:
(1) in any capacity, including:
(A) emergency management;
(B) fire services;
(C) emergency medical services;
(D) law enforcement;
(E) public health;
(F) medicine;
(G) public works; or
(H) mental health; and
(2) by any employer, including:
(A) the federal government;
(B) the state;
(C) a political subdivision; or
(D) a business or organization.
(c) While on duty for training, an exercise, or a response, an
individual serving as a member of a mobile support unit, whether
within or outside Indiana:
(1) if the individual is an employee of the state or a political
subdivision of the state, whether serving within or outside the
political subdivision, has the:
(A) powers;
(B) duties;
(C) rights;
(D) privileges; and
(E) immunities;
and shall receive the compensation and benefits incidental to the
individual's employment; and
(2) if the individual is not an employee of the state or a political
subdivision of the state, is:
(A) entitled to the same rights and immunities that are provided
for an employee of the state; and
(B) notwithstanding section 15(c) of this chapter, considered to
be a temporary employee of the state for purposes of the
worker's compensation law (IC 22-3-2 through IC 22-3-6) and
the worker's occupational diseases law (IC 22-3-7).
An individual described in this subsection is considered an emergency
management worker for purposes of section 15 of this chapter.
(d) If a mobile support unit is deployed outside Indiana under the
emergency management assistance compact, an individual serving as
a member of the mobile support unit who is not an employee of the
state is considered an employee of the state for purposes of the
compact.
(e) Personnel of mobile support units, while on duty, are subject to
the operational control of the authority in charge of emergency
management activities in the area in which the personnel are serving.
(f) The state may reimburse a political subdivision for:
(1) the compensation paid and actual and necessary travel,
subsistence, and maintenance expenses of an employee of the
political subdivision while the employee is serving as a member
of a mobile support unit;
(2) all payments for death, disability, or injury of an employee
incurred in the course of duty while the employee was serving as
a member of a mobile support unit;
(3) all losses of or damage to supplies and equipment of the
political subdivision or the employee incurred while the employee
was serving as a member of a mobile support unit; and
(4) the cost of a backfill employee necessary for the political
subdivision to fill the position and perform the duties of an
employee deployed on a mobile support unit to assist another state
under the Emergency Management Assistance Compact, but only
if and to the extent the cost of the backfill employee represents an
extra cost to the political subdivision.
(g) For an individual of a mobile support unit who is not an
employee of the state or a political subdivision, the state may:
(1) compensate the individual:
(A) at a rate of pay approved by the executive director;
(B) by reimbursing the individual for the actual and necessary:
(i) travel;
(ii) subsistence; and
(iii) maintenance;
expenses of the individual of the mobile support unit incurred
while the individual is on duty as a member of a mobile support
unit; and
(C) for all losses of or damage to supplies and equipment of the
individual incurred while the individual is on duty as a member
of a mobile support unit; or
(2) reimburse the individual's employer for:
(A) the compensation paid and the actual and necessary:
(i) travel;
(ii) subsistence; and
(iii) maintenance;
expenses of the employee while the employee is on duty as a
member of a mobile support unit; and
(B) all losses of or damage to supplies and equipment of the
employer or the employee incurred in the course of duty while
the employee was on duty as a member of a mobile support
unit.
(h) An officer or employee of the state by virtue of employment is
subject to assignment:
(1) on a permanent basis to a mobile support unit in accordance
with the state:
(A) emergency management program; and
(B) emergency operations plan; or
(2) on a temporary basis to an emergency management activity to
meet a particular need in the event of an emergency.
Refusal to accept and perform the duties of an assignment constitutes
grounds for dismissal from state employment.
[Pre-2003 Recodification Citation: 10-4-1-12.]

Legislative History

As added by P.L.2-2003, SEC.5. Amended by P.L.84-2006, SEC.1; P.L.1-2007, SEC.98; P.L.71-2013, SEC.4.