FEMA has reversed some staff cuts under new leadership, but a lawsuit contends DHS continues to exert unlawful control over workforce decisions.
A court case challenging now-reversed workforce cuts at the Federal Emergency Management Agency is forging ahead, with plaintiffs in the case arguing the Department of Homeland Security is still unlawfully making staffing decisions for FEMA.
The ongoing lawsuit was originally filed in January after FEMA began not renewing scores of staff known as Cadre of On-Call Response/Recovery Employees (COREs).
The lawsuit alleged DHS and then-Homeland Security Secretary Kristi Noem were violating laws including the Post-Katrina Emergency Management Reform Act of 2006. The law restored some of FEMA’s autonomy and restricts DHS’s ability to make sweeping overhauls at the emergency management agency.
Under new Homeland Secretary Markwayne Mullin, however, FEMA has reversed course and offered new appointments to approximately 180 COREs who were let go in January. FEMA also reinstated staff who were suspended during Noem’s tenure.
Justice Department lawyers in recent weeks have moved to dismiss the FEMA case, arguing the reversals under Mullin make the lawsuit moot.
But lawyers for the group of federal unions and nonprofits that sued to stop the staffing cuts this week argued DHS “will likely carry on with unlawful actions eliminating CORE positions in service of a plan to restructure and downsize FEMA, absent court order.”
The groups state that DHS has not restored FEMA’s authority over hiring or CORE renewals under Mullin.
“Indeed, the recent actions under new DHS leadership establish that DHS continues to control FEMA decision-making including whether or for how long to renew CORE positions,” they continued.
They point to a sworn declaration by Khaalis Jackson, president of AFGE Local 4060, that details a May 19 all-hands meeting during which FEMA leaders said DHS had approved FEMA’s limited hiring campaign.
“At that meeting, FEMA leadership stated that DHS is still controlling decisions regarding FEMA CORE staffing,” Jackson’s declaration states. “They described decisions to renew CORE positions going forward, and that they were ‘working with the department’ to establish the renewal periods.”
FEMA leaders said COREs whose terms were up in May and June would be renewed for one year, while COREs renewed after June would be on a “case by case” basis, Jackson’s filing continues.
“They stated that DHS had to approve these plans, which were being ‘worked out’ with the department,” her declaration continues. “FEMA leadership also explained that DHS had yet to approve the most recent staffing plan for FEMA.”
Jackson goes on to state that the current situation is leaving FEMA CORE staff “in limbo,” and contributing to poor morale and the “ability of FEMA to perform its functions.”
Lawyers for AFGE and the other plaintiffs in the case also point to the recent FEMA Review Council’s report as evidence staffing cuts at FEMA could resume under DHS direction.
While the council’s report doesn’t explicitly call for cutting FEMA’s workforce – as a previous draft report had – it does call for shifting some FEMA responsibilities to the states and conducting a review of FEMA staffing.
The judge in the case has set a June 23 hearing to hear several issues, including the plaintiffs’ motion for a temporary restraining order and the government’s motion to dismiss the case.
The lawsuit comes as many House lawmakers have backed a bipartisan bill to move FEMA out from under DHS and make it an independent agency again. The legislation, called the Fixing Emergency Management for Americans Act, now has 83 co-sponsors, including 50 Republicans.
Meanwhile, the Senate Homeland Security and Governmental Affairs Committee is also considering the nomination of Cameron Hamilton to be FEMA administrator.
During a nomination hearing before the committee Wednesday, Hamilton told lawmakers DHS has approved hiring for roughly 350 positions at FEMA. He said Mullin “cares very deeply about ensuring that the workforce is sufficiently staffed commensurate to the responsibilities.
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