Not Sure How the Joint Information Center Can Survive This

June 7, 2010

I do not see how the Joint Information Center (JIC), as it has been conceived and implemented the past ten years, will be able to survive the Deepwater Horizon event. If I am right, this will have very significant consequences for how major environmental events are managed in the future as well as how NIMS (National Incident Management System) will be implemented in the future.

To understand the very serious implications of what is happening today, we have to go back to the Incident Command System and how it developed, particularly in the oil industry. ICS began in the early 1970s with the fire services on the West Coast. When a number of fire of agencies came together to fight a fire they found the coordination pretty difficult. Who was in charge? Who was deciding what trucks and resources should be deployed where? How and where did the critical event information come in? What do you do when one battalion chief in a podunk department won’t take orders from someone of lower rank who has been given authority in the combined response? And how does everyone know what responsibilities go with each job?

From a media and public communication standpoint, the problem was also serious. Who has the authoritative information? What is the public to think when one fire department PIO says the fire is 200 acres and another says it is 2000 acres?

The answer to this was the Incident Command System with it single command structure incorporating multiple agencies, its standardized jobs and job descriptions, its management principles such as span of control, and its insistence that rank or position outside of the response mean nothing when it relates to making assignments and reporting structure. It was brilliant and effective and has proven so in multiple responses since then. For communication, the same approach applied. The Joint Information Center, made up of PIOs from various agencies participating, established its own organization structure and information flows with the idea being to provide the single point of information, the single voice for the response. It too was effective and incredibly helpful in getting information out–relatively quickly, accurately, and without conflict or confusion.

When the Oil Pollution Act of 1990 was passed after the ExxonValdez event in 1989, the Incident Command System along with the Joint Information Center was mandated for the oil industry. From that point on, the government agencies involved in a response–federal, state, local and tribal–would work in close collaboration with the Responsible Party–legally defined as the owner of the oil, not the one who caused the problem–under the Unified Command structure. Ultimately, it was the federal agency in the response, the Coast Guard for on the water events and EPA for on the land events, that held the trump card because they and only they had the option of “federalizing,” the event, that is pushing everyone else aside and taking direct control of all response activities.

OPA 90 further mandated that each company with facilities or vessels at risk of major incidences had to practice an ICS event, and every three years a “worst case scenario” event. I have been involved in planning, managing and evaluating many of these over the past ten years. The industry has spent hundreds of millions, perhaps several billion, in training, drilling, creating plans and driving this system deep into their organizations. As a result of all this work, industry response professionals and agency response managers learned to work together side-by-side in close collaboration. Extensive technology was developed to support the complex operations, technologies aimed at managing the ICS process with all its forms and procedures as well as managing the Joint Information Center and all its processes and requirements. That was the system I created, called PIER for Public Information Emergency Response. The Joint Information Center proved very effective in providing a coordinated information response enabling the media (and increasingly the public directly through incident websites) to get the best possible information, as quickly as possible from a single authoritative source.

Of course, that “single voice” didn’t necessarily play to the media’s interest in the blame game they inevitably must play. Here were the key players all standing side-by-side, providing the same information, not pointing fingers, not accusing the others, but working in concert in the public’s interest to get the job done.

In 2004 the Department of Homeland Security, under a presidential directive to create a national response structure, implemented the Incident Command System as that national response plan. It was one of the smarter things government has done. They didn’t reinvent the wheel, instead used something that was working exceptionally well and that many federal, state, local agencies and a few private companies had adopted and trained on already. DHS has invested billions in making this system effective and making certain that agencies at all levels use this system and prepare their responders to work in it effectively.

So far, so good. So why is it threatened?

The Deepwater Horizon event (that is what it was officially named by Unified Command at the beginning and all events require an official and single name), began as a typical NIMS/ICS event. BP, as the largest shareholder of the well with three owners, was named the Responsible Party. That means they were responsible for paying the bill and participating in the Unified Command structure. Unified Command was formed with the Federal On-Scene Coordinator as the Coast Guard and other agencies participating in accordance with OPA 90 and NIMs. A National Incident Commander was named as this was the first Spill of National Significance since that was designated again as part of OPA 90.

As is called for in all the plans, a Joint Information Center was set up as soon as Unified Command was formed. All the agencies came together, including BP, to unify the communications operation using PIER as the communication system that all would operate on. the years of experience that the Coast Guard and BP had with the system was a strong benefit in getting the JIC off to a strong start. Under NIMS and ICS rules, Unified Command has the final authority over all information released. No one involved in the response–no government agency, no private party, no contractor, no research vessel, no one — is to communicate outside of that structure. It is the only way of insuring a “single voice” and maintaining information discipline. The Sago Mine disaster was one example of where the loss of information discipline was exceedingly painful and caused unnecessary distress when JIC rules were broken. On the PIER JIC website, the logos of all the response agencies were displayed along with BP as the Responsible Party (RP in ICS lingo).

That is, until Sec. Napolitano arrived a couple of days into the event. Suddenly all agency logos were removed, the event was renamed the BP Oil Spill, and the messaging from Unified Command starting taking on a strategic intent to innoculate any federal agency from any blame and to focus all media scrutiny and public outrage on BP. While the logos returned a few hours later, I’m assuming after the Secretary was informed of how the National Incident Management System that her agency promulgates is supposed to work, and the original incident name response, the use of Unified Command for political messaging has never stopped from that point.

As I pointed out earlier, this messaging has gone through a couple of phases. First, the administration tried to avoid any blame by saying it was all on BP and it was the administration’s job to hold them accountable and put a boot on their neck. This was in direct opposition to the reality on the ground which was a Unified Command response all along, under the direct control of the coordinated federal agencies. But not a single reporter picked up on this. This shows how hopelessly out of touch the media are with the realities of NIMS and what Unified Command means. No one, none, challenge this strategy by even asking what the National Incident Commander was there for or asking what the role of a Federal On-Scene Coordinator was. Nor did they seem able to put two and two together to ask a question that if BP was doing everything, why are so many people in uniform so visible?

But what the administration apparently didn’t anticipate, aside from the fundamental dishonesty of this message, is that the calls would increase for the federal government to take over the response. Why are they letting BP run this thing when it clearly is failing? Why isn’t Obama stepping in to take charge. The pressure mounted until on May 28 at a press conference the president announced that well, actually, the federal government was in charge all along. Oh, said the press corp. The first question (and one of the first insightful ones) was if that is the case, why did the EPA send the letter to BP asking them to find different dispersants if the federal government was managing the response, including the use of dispersants all along? Exactly.

In the days since May 28, BP has been pushed from the scene publicly as far as communication is concerned. Now the federal government stands alone in the media appearances. And Unified Command messages have become more and more political in tone even while they continue to do their best to get the relevant information out about the event and the response activities. What do I mean by taking over the Unified Command messaging? Here is the primary release from the Unified Command on June 4:

Speaking alongside federal officials and Gulf Coast governors, the President sharply criticized BP for spending money on a public relations campaign.
“I don’t have a problem with BP fulfilling its legal obligations,” the President said. “But I want BP to be very clear—they’ve got moral and legal obligations here in the Gulf for the damage that has been done. And what I don’t want to hear is, when they’re spending that kind of money on their shareholders and spending that kind of money on TV advertising, that they’re nickel-and-diming fishermen or small businesses here in the Gulf who are having a hard time.”

I have no objection whatsoever to this kind of messaging being issued by the White House media machine–it is perfectly appropriate for the president to say whatever he wants. But to use Unified Command as an adjunct to the White House communication operation means that Unified Command will likely never again be trusted by any private company or public agency that does want its reputation to reside in the hands of the administration.

What makes this doubly troublesome is the fact that BP has been very aggressive in claims management and a Unified Command release a day or two before this reported that BP had to date paid every claim it had been able to process. Not a single claim was denied and the announcement had just been made that BP had agreed to additional loss of income payments going forward. The accusation about nickling and diming was unfair and inappropriate if done from the Rose Garden, but to be done using the communication machinery of Unified Command will likely have long term devastating consequences.

Further, BP’s so-called PR campaign is to focus attention on the response website. While the media has been playing the administration’s game in lockstep, even while desperately seeking every day for a scoop to further inflame public outrage, those who get their information from the response website do have a substantially different picture of the response than those who get their information only from the media. I discovered this anecdotally when discussing the response. If someone was entirely negative about BP and the response, I asked if they had been to the website or subscribed to the updates. Those who had been to the site regularly were more critical of the media coverage, and those who had not were only critical of the response. Why wouldn’t BP in those circumstances want the public to know about this information source. The media was not pointing people to the site. Why would the administration find it a problem to want people to get their information directly rather than filtered through the media whose job is to get eyes on their screen every day on this story? And especially when the administration has highjacked the Joint Information Center and is using it for their political messages?

Yes, I am deeply disturbed about the future of the National Incident Management System, ICS, and the JIC. Since I am personally involved right now in writing plans for several of the major urban areas of the nation for how they come together in a major event to communicate in a coordinated way, it is a very relevant issue. What do I say to the Mayor’s office of a major city when they realize that if it is in the current administration’s best interest to focus the media’ blame game on them to avoid any blame falling on the administration, how can I convince them that they should stay within the information discipline bounds of NIMS? Since I’m also writing plans for other major oil companies, how can those plans be focused on participation in the JIC when it is most likely in a major event for that very tool to be used to an extreme degree against them and even used to criticize their own efforts to communicate how they are responding?

If there are others working on such plans and wondering what this means for your agencies,your regions or your company’s crisis communication plans under the National Incident Management System, I’d like to hear from you. Hopefully you can reassure me that it is not a significant issue, that I am reading this wrong, that once the “BP Spill” is over that life under NIMS will return to normal. However, if you are also concerned perhaps we can begin the discussion at some senior policy levels as to how to prevent this catastrophe (not talking about the spill here) from happening again.


8 Responses to “Not Sure How the Joint Information Center Can Survive This”

  1. Joel Says:

    I think the Administration action is more and indictment of SecDHS than anything else. A similar attempt to short cut the existing system took place during H1N1 response where DHS component agencies were tasked with daily reports on all activity (not just DHS components, but HHS, DoEd, etc) in their area. SecDHS seems to operate from a position of wanting to be the IC when anything kicks off and that may flow from the current interpretation of the SecDHS as THE Principal Federal Official for all Events of National Significance.

  2. John C Says:

    BP is, in my view, assuming its responsibilities. PR and transparency are part of the process. White House must understand that government does not have the capablity to stop and mitigate spill. RP “might” have that capability and is doing what it can. National Strategies i.e. NATIONAL SECURITY and HOMELAND SECURITY call for a partnership with the private sector. The 2010 Gulf Spill requires honoring that partnership i.e. treating partners like partners and not as criminals. OPA 90 is mostly civil and not criminal. Criminal sanctions are predicated on willfully not dislcosing/gross negligence ….probably not the case here.

  3. JIC being run out of WH. This is great post. HSPD-5 revision will be out following President’s speech to nation on 6/15/10!

  4. Brad Johnson Says:

    This disaster is exposing a fundamental flaw in the logic of not just the JIC, but the entire logic of OPA, when it comes to spills of national significance. At some point the interests of the American people (and thus the government) come into irrevocable conflict with the corporate shareholders (and thus the responsible party).

    Quite simply, it becomes untenable for the criminal to be in charge of the crime scene.

    The specific breakdowns and public-relations wars are of course manifestations of the specific actors involved, but the underlying conflict is a systemic problem.

    There’s also a fundamental information flow problem with the concept of the single-information-point control system, when dealing with a disaster of this overwhelming scale.

  5. […] questions would be asked during a bioterror event. Unified Command is nice to say in an EOC, but as Gerald Baron has been reminding us, those who write the news have no idea what that means and will look for someone […]

  6. […] (because I think we’ve learned the major lesson about over-planning for worst-case only), is what Gerald Baron has been seeing in the Deepwater Horizon clean up. Political machinations, by government and corporation, have […]

  7. […] I’ve also enjoyed reading about the limitations of the Joint Information Centre and the political aspects of the emergency info work done on the Gulf oil spill by Gerald Baron:… […]

  8. […] most informative post on the topic can be found here.  Baron gives a good historical account of how ICS found its way into oil spills (response to the […]

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