A person who refuses to comply with a governor-ordered evacuation could be arrested under the newly updated Kootenai County Emergency Operations Plan that will be considered by the Coeur d'Alene City Council when it meets at 6 tonight in the Library Community Room.

The plan provides the framework in which the county’s resources will respond to an emergency or disaster. The 208-page plan says its priorities are to save lives, protect property and the environment, and stabilize the community.

It identifies the top hazard to Kootenai County as wildfire, followed by winter weather, flooding, windstorm, earthquake and a cyber disruption or attack.

Other hazards ranked in the plan are power failure, pandemic, structural fire, landslide, drought, terrorism and civil unrest. 

"Under emergency or disaster conditions, law enforcement activities are the responsibility of the local law enforcement agency within each jurisdiction. In unincorporated Kootenai County, the Sheriff will exercise police authority," the plan states.

The plan also states, "Idaho Code 46‐1008 provides the Governor with the authority to direct and compel the evacuation of all or part of the population from any stricken or threatened area within the state if they deem this action necessary for the preservation of life or public safety."

It goes on to state that, "Those persons who refuse to comply with a Governor ordered evacuation may be arrested."

Councilor Dan Gookin said he is concerned someone could be arrested if they won't leave their property in an emergency and said he wants clarification on that part of the plan.

"We should not be arresting them," he said.

Under "Assumptions" in the plan, it states, "Most people at risk will evacuate using their own modes of transportation when local officials recommend they do so. However, some will refuse to leave their homes during voluntary or mandated evacuations, regardless of the threat."

The plan says that local disaster emergency may be declared "only by a mayor or the chairman of the county commissioners within their respective political subdivisions." 

Such a declaration, per the plan, provides "limited immunity" for emergency actions of public employees, authorizes orders to be issued to protect life and property, such as curfews and rationing water, and allows "critical equipment to be commandeered."

Gookin also said he has questions about the plan's notification system.

He said the plan's priority on notifying people of emergencies includes using TV and radio, which he said is fine, but he would also like notifications through text messages, emails or other smart-phone apps.

"I would like us to adequately consider people who don't have that technology," Gookin said.

Tom Greif, Coeur d'Alene fire chief, said the plan is about being prepared and having resources ready to respond during emergencies.

He said the city does not surrender any authority under the plan and can call in additional agencies in emergency situations if necessary.

The Kootenai County Office of Emergency Management director, in coordination with county and local shareholders, is responsible for ensuring that the county is prepared to respond to and recover from natural and human-caused emergencies. 

"The scope of this plan is not tactical nor does it focus on incident command at the field level. Rather, the EOP addresses overall coordination of the County’s response to an emergency, disaster," according to a staff report.