Open Door Policy — 02/08/2010

Rep. Joe Dorman (D)

OPEN DOOR POLICY

By Joe Dorman

***(Editor’s Note: Joe Dorman is the Oklahoma House District 65 Representative and ‘The Lawton Town Crier’ appreciates Mr. Dorman’s many contributions to our site, most notably his “Open Door Policy,” and his guest appearances on the “Lawton Town Crier” podcast. His views do not necessarily reflect the views of the Lawton Town Crier, or other contributors.)***

Our area suffered the worst ice storm in the memory of all I have visited with over the past week. Power was still out for several homes at the time I wrote this column. Line workers were out attempting to fix the fallen poles and lines as quickly as possible, but the damage was extensive over southwest Oklahoma, and especially in our area.

My study for examining better ways to deal with emergencies in Oklahoma was postponed from last Friday due to the weather, so it could not have worked out better that we will have the problems we faced fresh on our minds. This meeting was rescheduled to February 19 at OSU-OKC. If you would like details, please contact Pam in my office at (800) 522-8502. I look forward to hearing from local experts and FEMA representatives on how better we can deal with disaster situations in the future and better ways.
There is no local FEMA office in Oklahoma. The Region 6 office, the closest to us, is in the Dallas area. I’ve been on the phone with our state Office of Emergency Management trying to figure out all the details on how to make sure cost is covered in as many areas as possible for our citizens, towns and counties.
There are several different levels of assistance available once they are approved. The first stage is to get a disaster declaration approved for the state. Governor Henry submitted this the day the storms were coming in and we received approval from the White House for aid quicker than any previous disaster in state history according to what I was told by OEM.
This first stage included aid for shelters and assisting with public efforts, such as the cots and water and working with the Red Cross/Salvation Army for immediate response to help affected communities.
The next level is for clean-up and rebuilding. The reimbursement rate is that FEMA will cover 75% of the costs, while the state will cover 12% and the affected entity will be responsible for the remaining 12.5% (which they would have to pay all of this without the declaration). We are working with all the parties to make sure they don’t spend anything unnecessary or which won’t be covered by a match unless they know that in advance. This level only applied to cities, counties and non-profits, such as the electric cooperatives.
FEMA will not cover the cost of chainsaws, generators, tree removal, lost food or any costs associated with staying at home during the storm or recover at this point. Unless the individual assistance is approved by FEMA when they do damage assessment, none of these personal reimbursements will be covered.
Here is some information from the Office of Emergency Management:
WATCH OUT FOR SCAM ARTISTS
Unfortunately in disaster situations, scam artists are often ready to take advantage of the misfortunes of others. People should be especially alert for phone or door-to-door solicitors who hand out flyers and promise to speed up the insurance or building permit process and those who ask for large cash deposits or advance payments in full. Whether they are architectural, engineering, electrical, or general contractors, most service providers in the building industry are honest, but all too often disasters attract scam artists. Some claim to be state or FEMA certified, when, in fact, neither the state nor FEMA certifies or endorses any contractor. If you suspect contractor fraud, contact the Oklahoma Attorney General’s Consumer Protection Unit at (405) 521-2029 or online at www.oag.state.ok.us or contact your local Better Business Bureau.

Tips for hiring contractors include:
Get a written estimate. Compare services and prices before making a final decision. Also, read the fine print. Some contractors charge a fee for a written estimate, which is often applied to the cost of subsequent repairs they make.
Check references. Contractors should be willing to provide names of previous customers. Call several former customers who had similar work done to make sure they were satisfied with the job.
Ask for proof of insurance. Make sure the contractor carries general liability insurance and workers’ compensation. If the contractor is not insured, the homeowner may be liable for accidents that occur on the property.
Use reliable, licensed contractors. Call your local Better Business Bureau (and other local sources) to inquire about a business before signing a contract.

Insist on a written contract. A complete contract should state clearly all tasks to be performed, all associated costs and the payment schedule. Never sign a blank contract or one with blank spaces. Make sure the contract clearly states who will apply for the necessary permits or licenses. Have a lawyer review the contract if substantial costs are involved, and keep a copy for your records.

Get guarantees in writing. Any guarantees made by the contractor should be written into the contract. The guarantee should state clearly what is guaranteed, who is responsible for the guarantee and how long the guarantee is valid.
Obtain a local building permit, if required. Permits may be required for site work other than demolition, and for reconstruction. Contact your local government for permit information.
Make final payments when the work is completed. Do not sign completion papers or make the final payment until the work is completed to your satisfaction. A reputable contractor will not threaten you or pressure you to sign if the job is not finished properly.

Pay by check. Avoid on-the-spot cash payments. The safest route is to write a check to the contracting company. A reasonable down payment is 30 percent of the total cost of the project to be paid upon initial delivery of materials.
If necessary, cancel a contract in the proper manner. This should be done within three business days of signing. Be sure to follow the procedures for cancellation that are set out in the contract. Send the notification by registered mail with a return receipt to be signed by the contractor.

Consumers should be wary of contractors who:
Lack proper identification. Ask to see the laminated photo identification card; if they don’t have it, they are probably not legitimate.

Go door-to-door. People going door-to-door to damaged homes, or phoning victims and claiming to be building contractors, could be frauds. If callers solicit personal information such as Social Security or bank account numbers, they are not legitimate.

Offer to increase the amount of your disaster damage assessment. This is not wise and is a sure sign of a scam.
Ask for cash up front. Under no circumstances provide cash up front to contractors.

FEDERAL/STATE DECLARATIONS
Oklahoma remains under an emergency disaster declaration. The emergency declaration authorizes federal resources to assist state and local governments as they continue to respond to the severe winter storm. These resources include industrial size generators, bottled water, cots and blankets. The need for additional federal disaster aid to cover further response and recovery costs is currently being assessed. Oklahoma also remains under a State of Emergency, as declared by Gov. Henry on Jan. 27. The State of Emergency allows state agencies to make emergency purchases and acquisitions needed to expedite the delivery of resources to local jurisdictions. The executive order provides a formal mechanism for local governments to seek reimbursement for recovery costs through the state’s disaster public assistance program if conditions warrant.

PRICE GOUGING STATUTE IN EFFECT
Oklahoma’s price gouging statute is in effect in all of Oklahoma’s 77 counties due to the State of Emergency. The price gouging statute prohibits an increase of more than 10 percent in the price of most goods and services when a State of Emergency has been declared. Anyone who suspects price gouging is urged to contact the Attorney General’s Consumer Protection Unit at (405) 521-2029.

RESOURCE REQUESTS
More than 100 generators have been deployed through the State EOC to provide power to critical facilities like shelters, water treatment plans and hospitals in communities impacted by the storm. The Oklahoma National Guard and U.S. Army Corps of Engineers delivered the generators. Resources to support local efforts, including bottled water, blankets, cots and meals ready to eat (MREs) which were secured through the federal government, continue to be deployed through the State EOC. Please note these generators are not for residential use.

I hope this information helps each of you prepare for the recovery efforts. I will continue to gather information and provide as much as possible in my columns.

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