issue from one case to the next, it is still, however, the assisting
authority that is the employer of the personnel who are sent
out. The municipalities are normally expected to resolve these
issues through collaboration and cooperation. As previously
discerned, it was never the intent of the lawmakers that
the individual municipalities would be able to deal with all
emergencies that arise.
The municipal structure for providing rescue services is a
municipal administration even though one conducts emergency
response operations. At the same time, the Swedish Civil Protec-
tion Act provides this structure with a number of authorities, obli-
gations and a certain amount of responsibility in certain types of
situations. The reasoning behind the relationships between em-
ployers and employees, delegation structure, etc., however, does
not exclude that one in various ways must adapt responsibility
relationships to the situation at hand in conjunction with con-
ducting municipal emergency response operations. A delegation
structure must include the capability to create a flexible manage-
ment system, which in turn should be based on the needs for as-
sistance that arise during emergencies. One should keep in mind
that an incident commander’s authorities are primarily directed
towards thirdparties, while labour laws are directed towards
one’s own organisation.
Certain types of decisions shall be documented. This primarily
applies to decisions with a clear connection to legislation, or so
called authoritative decisions, and decisions that concern the indi-
vidual, such as decisions on infringement on the rights of others,
requests to perform official duty and decisions concerning the
termination of rescue services. Here one can speak of the exercise
of public authority (administrative law 1986:223 and Andersson
et al., 2002). Exercise of public authority means that an authority,
or entity that represents an authority, exercises its authorities to
make decisions concerning individual citizens on benefits, rights,
obligations, disciplinary actions, dismissals or other comparable
matters. This concerns both positive and negative decisions for
the individual. What is decisive here is that the authority’s ac-
tions are supported in law and that the individual (citizen) is in a
position of dependency in relation to the authority.
In the exercise of public authority, both measures taken and
measures not taken, i.e. failure on the part of the autho-
rity or the representative of the authority to take measures
axel boer
(Axel Boer)
#1