The End of the Beginning: #UBLawResponds Puerto Rico Recovery Assistance Legal Clinic has just commenced our journey

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For those of you who have followed this blog, you know that in January 2018, #UBLawResponds Student Attorneys from the University at Buffalo School of Law’s Puerto Rico Recovery Assistance Legal Clinic had an amazing service-learning adventure. After more than five weeks of classwork and preparation starting mid-December 2017 in Buffalo, these students, myself, and other UB staff were ready to travel to Puerto Rico. There we met experts, stood with law students and proficient faculty from University of Puerto Rico’s Law School, worked with other UPR experts, assisted community partners on legal brigades, and gathered on-the-ground data, stories, and experience to help draft papers and reports that we hope will inform ways forward after the devastation of Hurricane Maria.

While in Puerto Rico, #UBLawResponds Student Attorneys helped local lawyers file over 80 FEMA appeals and provide other legal assistance. #UBLawResponds Student Attorneys raised money and purchased supplies and solar lamps for more than 800 families, delivered on multiple humanitarian brigades to strong people in distant places who have been without water, power, and other basic supplies for more than four months. #UBLawResponds Student Attorneys met with local experts to plan long-term community-based research projects. You may have read about some of these adventures through Student Attorney blog posts.

What those blog posts may not have made clear, however, is the amazing fact that #UBLawResponds Student Attorneys worked from early morning to late at night (often past midnight) every day. They were fierce in their commitment to (but gentle in their delivery of) both access to justice and basic supplies. The dedication of UB’s students made my heart sing (hace latir mi corazón).

I have met with each of these amazing Student Attorneys since our return. To a person, they remain committed to ensuring that the work of this clinic will continue. You will have a chance to read their final papers and reports for this course on this website next month. But that will not be the conclusion of the overall work.

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When this formal course wraps up later this month, it will only be the end of this first chapter. In other words … it will be the end of the beginning.

The mission that the students drafted during our January class has not changed:

Because recovery goes beyond disaster relief, #UBLawResponds provides practical legal research and thoughtful pro bono service, through an ongoing collaborative effort to empower a resilient Puerto Rico.

 

El camino a la restauración va más allá de responder a los efectos de un desastre natural. La misión de la clínica legal de la Universidad del Estado de Nueva York es contribuir al proceso de empoderamiento de Puerto Rico proveyendo servicios de investigación legal gratuitos con aplicaciones prácticas en colaboración con la comunidad puertorriqueña y sus aliados. 

Stay tuned. #PRSeLevanta, #UBLawResponds stands with them.

When Some is Better Than None: FEMA Accountability after Huracán María

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What is accountability, really? We’ve all tossed the word around and heard it used. Usually one hears “accountability” and thinks of “responsibility.” According to Merriam-Webster’s online dictionary, accountability is defined as follows: “the quality or state of being accountable; especially : an obligation or willingness to accept responsibility or to account for one’s actions.”[1]

Now what does accountability have to do with Puerto Rico and Hurricane María? This concept of accountability is central to the failures we have seen in Puerto Rico since it was hit by María. The people of Puerto Rico are our brothers and sisters—they are our fellow United States citizens. As a student in the University at Buffalo School of La Puerto Rico Recovery Assistance Legal Clinic [ hotlink], I have been looking closely at these issues since December. These people were in need of—and many are still in need of—basic life necessities, like water, shelter, electricity, and food.

Now, here is where the accountability comes in: when a natural disaster affects our country, we have government agencies in place to step up and help our citizens. The main agency responsible for coordinating relief efforts is the United States Federal Emergency Management Agency. FEMA is charged with establishing contracts with vendors to provide needed services: food, water, tarps, electricity. Hurricane María struck the island of Puerto Rico on September 20, 2017, resulting in a humanitarian crisis. Now that we are in February 2018, it’s easier to step back and look at the efficacy of our government’s response in helping our fellow citizens. FEMA was responsible for—and should be held accountable for accountable—in securing contracts to help these people.

So, how did FEMA’s response chock up? Unfortunately, not very well, when one looks beyond “official” statistics. The three essential contracts needed immediately in Puerto Rico were all secured with small companies with no proven track record of providing such services—and then the contracts were cancelled before any progress was made. The $30 million contract to provide tarps? Cancelled. The $300 million contract to reconstruct the destroyed electrical infrastructure on the island? Cancelled. The $156 million contract to provide 30 million meals? Cancelled. 2018 is already here and no contracts have been established to replace these services.

But who is accountable for these cancellations—FEMA or the contractors that did not follow through? The accountability lays with FEMA. The agency has drawn large amounts of criticism for hiring new, start-up companies with either proven track records of not being able to fulfill large contracts or no track records at all. Regarding the meals contract, Democrat Elijah Cummings, D-Md., summed up the problem pretty well: “one of the primary reasons FEMA failed to deliver these meals is because it inexplicably awarded a contract worth approximately $156 million to deliver 30 million emergency meals to a tiny, one-person company with a history of struggling with much smaller contracts.”[2] With multiple bids, why would FEMA rely on such unestablished businesses?

And it’s not necessarily fair to fully blame the businesses who took on these contracts for not fulfilling their part of the deal. First of all, FEMA should have picked more appropriate candidates to begin with. Secondly, one has to ask, how committed was FEMA to actually making sure these vital supplies made it to Puerto Rico? According to the owner of Tribute, LLC., the company hired to provide 30 million meals, FEMA cancelled her meals contract over a dispute about providing self-heating meals. Tiffany Brown, the owner of the company claims that she informed FEMA from the beginning that the meals would not be self-heating and the heating packets would be sent along with the meals. Brown claims that she “notified FEMA in [an] Oct. 19 email that 36,000 meals were en route – with the meals packaged separately from the heating component – a FEMA official told her that was not acceptable and told her not to deliver the meals.”[3]

This statement begs the question: wouldn’t 36,000 meals with separate heating packets be better than no meals at all? Apparently FEMA didn’t think so.

The work in Puerto Rico must continue. #UBLawResponds will be joining other legal experts to continue to seek FEMA accountability. You can support our ongoing work here.

 

[1] https://www.merriam-webster.com/dictionary/accountability
[2] http://abcnews.go.com/Politics/fema-contractor-scapegoat-controversy-canceled-contract/story?id=52915221
[3] http://abcnews.go.com/Politics/fema-contractor-scapegoat-controversy-canceled-contract/story?id=52915221

Helping Overcome Darkness: Observations on the Creation of the Puerto Rico Recovery Assistance Legal Clinic

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“Look at how a single candle can both defy and define the darkness.”  – Anne Frank

I can remember when the October surprise storm hit Buffalo in October of 2006.  The wet snow came on Thursday, October 12. By Friday, October 13th, there were trees limbs everywhere. We had no power and we were shoveling out snow. It also happened to be the weekend of my wedding. A year of planning and then all I felt was panic that none of it would happen. We were lucky, despite a few small glitches our wedding went on as planned. However, we were without power for 13 days.  Our street was the last to get it back on … those 13 days living on generator power felt like forever.

I cannot imagine that there are people in Puerto Rico who have been living without power for 139 days since Hurricane Maria devastated the island.  Without power – powerless. Absence of light – darkness.

It saddens me to know that the people of Puerto Rico who are citizens of the very same United States of America that I call home would feel such a sense of powerlessness in their own country. That we are not supporting them. That they are living in darkness.

Within days of starting in my new position in the department of Clinical Legal Education, Hurricane Maria hit. Professor Kim Diana Connolly had an idea that seemed crazy and completely impossible to achieve: bring a group of students to Puerto Rico to help with the recovery and provide access to justice to people who need it most in the aftermath of a horrible disaster. The idea of the University at Buffalo School of Law Puerto Rico Recovery Assistance Legal Clinic was born.

As part of the administrative support team, I did not have time to think about how crazy it was, I just had to get to work. Approvals needed to be gotten, complex paperwork and negotiations had to be completed, donors had to be nurtured and encouraged, students had to be recruited and selected…and the rest of my job responsibilities had to be met!

Fast forward to January 2 and the students who had been selected started class and it was time to make sure that we had everything prepared that they would need when the hit the ground in Puerto Rico. Daily classes for six hours each, coordinating guests and documents and still making arrangements for the trip,… and the rest of my job responsibilities still had to be met!

As I look back at the first few weeks of January, I do not know where all the time went.  It was a whirlwind of working on getting electronics, making reservations for flights, accommodations, meeting space. Then all of the sudden it was January 19 – my last day in the office with Professor Connolly before the group’s departure on January 21.  Business cards printed, polo shirts packed, name badges ready, banners and signage and electronics were ready to go. I felt a sense of pride that the things that I helped to organize and prepare would be just a small part of helping #UBLawResponds and our students drive out some of the darkness. That I was a small part of helping people feel as though they were no longer powerless that they had the tools to begin the process of rebuilding their lives.

We are all just a single candle…. but even just one candle can light up the dark and bring hope. I’m grateful to have had the chance to help our student attorneys and Professor Connolly bring hope, power, and light to Islands inhabited by our fellow citizens. #PuertoRicoselevanta #UBLawRespondsstandswithyou