Gulf of Mexico Crisis: Time for a Change in Command
TUESDAY, 01 JUNE 2010 11:40 STEPHEN JIMENEZ, M.S.

*Opinion.* In all organizations there are those with what I will call
impeccable peacetime (non-crisis) qualifications whether they serve in the
military, civil government or in corporations.  Yet, in every major crisis
or series of crises these types of politically correct individuals are
usually to blame for preparedness or response  failures, or for the crises
themselves. And the blame is frequently falsely placed on the processes or
plans that are in place instead of individuals. This lack of accountability
has occurred in the current crisis.

When, the President is coming under fire from senior members of his own
political base such as James Carville, a Senior Democratic Political
Strategist, who is on the ground in the Gulf and other elected officials
throughout the region there is a major problem.  Recently, Carville made
several comments that sum up part of the problem.  These include:

“*The Obama administration's response to the BP oil spill
<http://abcnews.go.com/WNT/video/tapper-oil-crisis-white-house-10732040>has
been "lackadaisical," and that rather than place the blame on the previous
administration, it should've done more to deal with BP and "inept
bureaucrats…*" May 26th, 2010, ABC News, Good Morning America.

*"This is literally a war we're in” *and "There are foreign substances
invading our coastline." May 31st, 2010, ABC News, Good Morning America.

*"Man, you got to get down here and take control of this, put somebody in
charge of this thing and get this moving. We're about to die down here."* May
26th, 2010, ABC News, Good Morning America.

*“President needs to get the Attorney General to launch a criminal
investigation into this thing.” *May 26th, 2010, ABC News, Good Morning
America.

Further, throughout the Gulf of Mexico local emergency managers and elected
officials are crying out that the command and control system, information
sharing and time from requests being submitted to their getting action out
of BP and the federal government are broken. It is broken because of
substandard individuals, who either did not take this crisis seriously
enough, nor could not think strategically with regard to the impacts, where
this catastrophic disaster was heading, and actions need ahead of the
requirements.

The United States Government has had well over a month to clearly take
charge, coordinate and begin to get it under control.  It has not, even,
after the President‘s recent visit to the Gulf.  The time is now for the
President of the United States to act like a President, just like Abraham
Lincoln did during the American Civil War, and he needs to conduct a swift
and decisive a change of command that starts at the top with executives
within the Department of Homeland Security (DHS) and moves throughout many
middle level and other senior officials within DHS and the civil interagency
community, and includes private contractors.

The American people and elected officials are tired of the federal
government’s lack of competency.  We have heard that the government has not
been in charge, and then in charge all along. We have even had the White
House Press Secretary Gibbs supposedly going around and scolding others for
asking too many questions during the worst catastrophic environmental
disaster in U.S. history in a Republic!  We have had political pundits and
former political appointees like former Secretary of State Colin Powell, a
retired general, make poorly throughout statements, lacking technical or
operational merit about the possible need for the military to take over like
in Hurricane Andrew that further confuse the American people and companies.

Many in the media, including many in Washington D.C., people like Colin
Powell and quite a few civil servants do not get it, nor have the technical
knowledge to understand with regard to who is in charge, our laws, plans,
policies and procedures for such disasters, nor any disaster.  This is why I
previously wrote earlier in this crisis about the need for a coordinated
communications strategy to convey who is doing what, with whom and where
etc. This has not occurred.

And, with all respect to Colin Powell, the U.S. Department of Defense has
been involved in this disaster through what is called Defense Support to
Civil Authorities (DSCA) conducting a variety of missions, and all
Governor’s have the ability to call upon their National Guard under state
authority or to ask for the call up of such assets under Federal
authorities, and much more.   Further, in Hurricane Andrew, many of the
military called up could not perform the technical functions, nor had
knowledge of the nation’s laws, regulations, plans, other organizations as
the civilian professionals did.  Hence, there was basically only a
perception that the military was more effective overall.  Many, military
units, could only perform menial tasks such as debris removal as they were
not trained for these types of missions, while the civilian professionals
continued to do what they were doing before the military was called in to
take over.

The United States Government at the national level has more than adequate
plans, capabilities, funding and the ability to reach out within the
government, academia and the private sector for anything it needs.  The U.S.
Government is in control, regardless of BP and other companies gross civil
and/or possible criminal negligence, as defined in various laws, federal
regulations and under The National Oil and Substances Pollution Contingency
Plan (NCP) that is found under 40 Code of Federal Regulations (CFR) Part
300, and the Emergency Support Function (ESF) #10 Oil and Hazardous
Materials Response Annex to the National Response Framework (NRF).   This is
a Spill of National Significance (SONS), not a tanker truck overturned on a
highway or an oil tanker with a slow leak and finite amount of oil on board.

The problem is with personnel and leadership just like occurred during
Hurricane Katrina and almost twenty years ago during Hurricane Andrew and
poor communications.    Under the NCP it clearly states the structures, who
is in command, national response priorities, and other issues with oil
removals throughout Part 300 of 40 CFR. An example is:

“300.135(a) Authorizes the predesignated On-Scene Coordinator to direct all
federal, state, and private response activities at the scene or a discharge
or release.”
“300.135(d) Establishes the unified command structure for managing responses
to discharges through coordinated personnel and resources of the federal
government, the state government, and the responsible party.”
“300.322 Authorizes the OSC to determine whether the release poses a
substantial threat to the public health or welfare of the United States
based on several factors, including the size and character of the discharge
and its proximity to human populations and sensitive environments. In such
cases, the OSC is authorized to direct all federal, state, or private
response and recovery actions.  The OSC may enlist the support of other
federal agencies or special teams.”

Under existing national priorities for ESF #10 under the National Response
Framework and also under 40 CFR 300.317(b) NCP it states “Stabilizing the
situation to preclude the event from worsening is the next priority.”  The
government failed and this oil spill reached selected coastal areas.

The United States government pays tens of thousands of civil servants, many
salaries and benefits better than the private sector and hires contractors
to know these laws, regulations, policies, plans, and much more to include
how to execute operations during all types of routine or catastrophic
disasters.  And, the President appointed numerous individuals who supposedly
not only know this but have experience, and what the nation has received is
a failed response, poor communications with the public and other levels of
government, and excuses.

The U.S. national system works with a Lead Federal Agency in charge with
other Federal Departments and Agencies providing support within their own
areas of expertise and statutory authority. Unfortunately, it is clear we
have weak political appointees in addition to unaccountable civil servants
and contractors, who lack historical knowledge from other
disasters-regardless of the type-that are relevant for all disasters, lack
technical knowledge, cannot make timely decisions, and this operation at the
federal level is failing due to an inability to conduct effective
interagency (federal level), intergovernmental (federal to state to local)
and poor external affairs planning, coordination and operations from
national headquarters down to the field in a seamless and timely manner.

There were two major operations in this catastrophe with sub-operations
ongoing that have to be performed:

   - Seal the well.
   - Contain and dispose of the released oil.

Public Safety in government literature is stated as being "paramount." Not
one major task has been completed over a month later and the disaster has
increased in scope.  Unfortunately, the problem here is that the U.S.
Government and BP basically allowed this oil to reach the U.S. coastline.
Think about it. This would be like a foreign naval strike force approaching
the U.S. coast with an intent to strike the U.S., and they sat back in an
indecisive manner, conducted limited poorly coordinated operations, and
allowed them to strike and land on our shores.   Carville, is right, this is
like a war.   Unfortunately, many in the Obama administration and some in
the civil service do not get it.

I would hope in a war the President would fire generals who were losing
before the war was lost….  The time is now for the President to do the same
thing and to move out of their positions, terminate,  demote or re-assign
political appointees, civil servants and contractors with reprimands in
their Official Personnel Files (OPF) that have either failed as leaders,
been grossly negligent, or failed otherwise. This includes termination of
contracts for non-performance with companies failing in their contracts to
provide quality personnel to support the federal government.

America is appalled.  The struggling businesses and citizens in the Gulf of
Mexico region need results now, and are suffering financially and some will
suffer health consequences if this disaster is not controlled quickly.
Abraham Lincoln fired many a general, until, he found someone named Grant
who would give the Union victory. The President needs to stop political
campaigning and start governing, as another member of his party advised him
before the crisis, that includes being a leader in this crisis.  Leaders
delegate authority, but not responsibility.  They lead by example.  And,
they hire and fire individuals based upon results.

This Memorial Day weekend the President should have been exclusively in the
Gulf Region, and should have conducted a change in command.  And, BP’s Board
of Directors should be doing the same thing starting with that companies CEO
and working down the chain of command throughout middle management in the
field to include anyone who did not prepare this company for catastrophic
disasters and were dismissive of the fact such events can and do occur.  It
is always a matter of when and not if.

*Stephen Jimenez is a Senior Independent Political, Emergency Management and
Security Consultant. He possess more than twenty years of successful
professional consulting and civil service experience to include in senior
staff and leadership on homeland security, emergency management, defense
related policy development, international affairs, analysis, planning,
operations, training and exercises. This includes service during dozens of
major national disasters and special events, technical support for foreign
governments following international disasters and civil-military
antiterrorism and other operations in Iraq.*

*He is a recipient of  three awards including FEMA’s highest award the
Director’s Award for service immediately following the 9-11-01 terrorist
attacks and the Purple Heart.*

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