COUNCIL QUESTIONS TERROR EMERGENCY PROCEDURES

Newsday

For a city focused on battling terrorism, the Bloomberg administration's controversial shift in emergency protocols makes sense, Police Commissioner Ray Kelly insisted yesterday.

A more-complete document describing the changes is expected to be released in the next few weeks, officials said.

City Council members who questioned Kelly said the new protocols, as outlined so far, remain muddled and confusing for emergency professionals as well as for the public.

Fire unions and veteran Fire Department officials, such as former Chief Dan Nigro, offered the most stinging criticism of the changes, which were announced last month just prior to hearings by the national 9/11 commission.

In some cases the protocols give shared authority to heads of different agencies without putting one clearly in charge.

Before a council panel yesterday, Kelly, Fire Commissioner Nicholas Scoppetta and Emergency Management Director Joseph Bruno took turns defending what's now called the Citywide Incident Management System.

After Sept. 11, 2001, "we have to be prepared that certain types of critical incidents could also represent a potential terrorist attack," Kelly said.

For example, a new command system makes the Police Department the "primary agency" for incidents involving the spread of hazardous materials, which figure to be either planned attacks or rehearsals or diversions for them.

"In addition to rescue, in such an event, site security is paramount," he said. "It in no way diminishes the authorities or expertise of other responding agencies. ... It does make sense in the world we find ourselves in."

"Life safety and rescue," added Scoppetta, "takes precedence over everything else. The mayor has been very clear on this." He called the protocol "a very good framework to begin with."

Without offering specific scenarios, Kelly alluded to "sequential events" that can complicate the very nature of emergency planning and response.

That still drew warnings from council members that key areas in the command structure requiring decisions are left to a "consensus" among commanders.

In one of the more contentious exchanges, Council Fire and Criminal Justice Services Committee Chairwoman Yvette Clarke (D-Brooklyn) asked if Fire Department lifesaving operations could be halted by police.

"The answer to that generally would be no," said Bruno.

All three Bloomberg administration officials downplayed potential disputes. They portrayed badge battles occurring among lower department ranks and insisted that top officials work well together.

"Almost without exception there is absolutely no conflict," Bruno said.

Testimony in the hearing, meanwhile, spotlighted the fact that the process of setting forth agreements among services itself remains incomplete.

Bruno said a full document spelling out the protocols will be issued before October. "We're working on it," he said. "If we did nothing we still have the two best agencies in the world."

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