HomeMy WebLinkAboutEmergency Management Ordinance - 3-18-1997Otter Tail County
EMERGENCY MANAGEMENT ORDNANCE
Section 1.Policy and Purpose
Subdivision 1.Because of the existing possibility of the occurrence
of disasters of unprecedented size and destruction resulting from
natural causes,or from hazardous material mishaps of catastrophic
proportions, or from hostile action or sabotage;and in order to insure
that preparations of this County are adequate to deal with such
disasters and,generally,to protect the public peace,health,and
safety,to provide for the common defense,and to preserve the lives
and property of the people of this County, itis hereby found and
declared to be necessary:
a) To comply with provisions of Minnesota Statutes,Chapter 12,
Section 12.25,which requires that each political subdivision of
Minnesota shall establish a local organization for emergency
management.
b) To provide for the exercise of necessary powers during
emergencies and disasters.
c) To provide for the rendering of mutual aid between this County and
other political subdivisions of this County and State and other
Counties and States with respect to the carrying out of emergency
preparedness functions.
d) To establish a County emergency management organization
responsible for County planning and preparation for emergency
government operations in time of disasters.
Section 2.Definitions
Subdivision 1."Disaster"means a situation that creates an actual or
imminent serious threat to the health and safety of persons,^or a
situation which has resulted or is likely to result in catastrophic loss to
property or the environment,and for which traditional sources of relief
and assistance within the affected area are unable to repair or prevent
the injury or loss.
Subdivision 2."Emergency"means an unforeseen combination of
circumstances which calls for immediate action to prevent a disaster
from developing,occurring, or worsening.
Subdivision 3."Imminent"means clear and present danger to life
and/or property rights as a result of an emergency or disaster.
POLICY AND
PURPOSE
DEFINITIONS
Otter Tail County,EMERGENCY MANAGEMENT ORDINANCE
Subdivision 4."Emergency Managemenf means the preparation for
and the carrying out of all emergency functions,other than functions
for which military forces are primarily responsible,to prevent,minimize
and repair injury and damage resulting from natural or man-made
disasters,from acute shortages of energy,or from incidents that pose
radiological or other health hazards.These functions include,without
limitation:communications,warning services,fire-fighting services,
police services,medical and health services,rescue,engineering,'
radiological,chemical and other special weapons defense,evacuation
ofpersons from stricken areas,establishing special travel routes and
no travel zones,emergency transportation,emergency human
services,existing or properly assigned functions of plant protection,
temporary restoration of public utility services,implementation of
energy supply emergency conservation and allocation measures,and
other functions related to civil protection,together with all other
activities necessary or incidental for carrying out of the foregoinq
functions.
Subdivision 5."Minnesota Incident Management System",known also
as the Incident Command System,means the manner in which each of
the specific and specified problems or incidents resulting from the
disaster are managed.Normally location specific,each incident is
managed by an on-scene incident commander responsible for the
coordinated,all agency direction atthat location.
Subdivision 6."The Emergency Management Organization"created
in accordance with Minnesota Statutes,Chapter 12,means the staff
element responsible for County planning and coordination for disaster
preparedness,response,recovery,and mitigation activities;for
coordinating for and providing support to the on-scene incident
commander(s)and supporting engineering and human services
elements;and for conducting County liaison and coordination withstate,federal,and local jurisdictions relative to accomplishing the
above and assures implementation of state and federal proqram
requirements.
Subdivision 7."Hazard mitigation"means an action taken to reduce
or eliminate the long-term risk to human life and property from natural
and other types of hazards.
Section 3.Establishment of an Emergency Management
Organization
$"^visTio"1-There is nereby created by and with the governmentofotterTailCountyanemergencymanagementorganizationwhich
shall be under the supervision and control of the County Director of
batety and Emergency Services,hereinafter called the "director"The
director shall be appointed by the Board of County Commissioners for
an indefinite term and may be removed by them at any time The
March 18,1997
ESTABLISH AN
EMERGENCY
MANAGEMENT
ORGANIZATION
Otter Tail County,EMERGENCY MANAGEMENT ORDINANCE
director shall serve at a salary determined by the Board of
Commissioners and shall be paid his/her necessary expenses.
Working within the officeof the County Coordinator, the director shall
have direct responsibility for the organization, administration, and
operation of the emergency management organization, subject to the
direction and control of the Board of County Commissioners.
(MinnesotaStatutes Chapter12.25,Subdivision 1)
Subdivision 2.The Otter Tail County emergency management
organization shall have jurisdiction throughout the county outside of a
city or of a town that has a local emergency management organization
established as per Minnesota Statutes,Chapter 12.25,Subdivision 1.
(Minnesota Statutes Chapter 12.25,Subdivision 2(b))
Subdivision 3. In addition,in accordance with Chapter 12.25,
Subdivision 2(c),the Otter Tail County emergency management
organization shall:
(a)coordinate the activities of and assist in the training of
emergency management organizations of political subdivisions
throughout the county;
(b)plan for the emergency operations of county government in
cooperation with the county attorney,who shall give legal advice to the
county organization,and with other appropriate county government
officials and private sector representatives;
(c)acquire equipment necessary in conjunction with these
activities;
(d)expend funds provided by the county board out of general
revenue funds for such purposes.
(MinnesotaStatutes Chapter12.25, Subdivision2(c))
Section 4.Powers and Duties of the Director
Subdivision 1.The director shall make studies and surveys of the
manpower,industries,resources,and facilities of the County as
deemed necessary to determine their adequacy for emergency
management and to plan for their most efficient use in time of an
emergency or disaster.The director of Emergency Services shall
establish those economic stabilization systems and measures,service
staffs,boards and sub-boards required in accordance with state and
federal plans and directions subject to approval ofthe County Board.
(Minnesota Statutes Chapters 12.21,Subdivision 3(4);12.25,Subdivision 2(c)(2))
Subdivision 2.The directorshall prepare a comprehensive
Emergency Plan forthe emergency preparedness ofthe County
including municipal and unincorporated areas and shall present such
planto the Board forits approval.Whenthe Board has approved the
planby resolution,itshall be the dutyof all County agencies and all
emergency preparedness of the County to perform the duties and
functions assigned by the planas approved.Theplanmaybe
modified in like manner from time to time.The director shall coordinate
the emergency management activities ofthe County to the end that
March 18,1997
POWERS AND
DUTIES OF THE
DIRECTOR
Otter Tail County,EMERGENCY MANAGEMENT ORDINANCE March 1Q>-,997
they shall be consistent and fully integrated with the emergency plan of
the State and Federal Governments and correlated with emergency
plans of neighboring and otherpolitical subdivisions within theState.
(Minnesota Statutes Chapter 12.25,Subdivision 2(c)(1),(2);Subdivision 5)
Subdivision 3.Consistent with the state emergency services law,
the director shall coordinate the activity of municipal emergency
management organizations within the County and assist in
establishing and conducting training programs as required to assure
emergency operational capability inthe several services.
(Minnesota Statutes Chapter 12.25,Subdivision 2(c)(1))
Subdivision 4.The director shall additionally plan for the emergency
operations of County government in cooperation and coordination withthecountyattorneyand,in accordance with the State and County
Emergency Plans,shall institute such training programs,public
information programs,and conduct practice warning alerts and
emergency exercises as may be necessary to assure prompt and
effective operation of the County Emergency Plan when a disaster
0CCUrS'(Minnesota Statutes Chapter 12.25,Subdivision 2(c)(1),(2))
Subdivision 5.The director shall acquire equipment necessary in
connection with the duties and activities outlined in this ordnance and
shall expend the funds provided by the County board out of the
general revenue funds for such purposes.The director shall make
every effort to first utilize the personnel,services,equipment,supplies
and facilities of existing departments and agencies of the County The
officers and personnel of ail such departments and agencies shall
cooperate with and make every effort to extend services and facilities
to the County Emergency Management organization and to the
Governor upon request.The head of each department or agency incooperationwiththedirectorshallberesponsiblefortheplanningand
programming of such emergency activities as will involve the utilizationoffacilitiesofthedepartmentoragency.
(Minnesota Statutes Chapters12.23;12.25,Subdivision 2(c)(3),(4);12.26)
Subdivision 6.The director,with the consent of the Board shall
represent the County onanyregional orstate conference for
emergency management.The director shall develop proposed mutual
aid agreements with other political subdivisions of the state for
reciprocal emergency management aid and assistance in an
emergency too great to be dealt with unassisted,and shall present
such agreements to the Board for its action.Such arrangements shallbeconsistentwiththeStateEmergencyPlanMnnesotaStatutesChapters12.03,Subdivision 1(3);12.25,Subdivision 2(c)(1);12.27;12.33)
Subdivision 7,The director shall,in cooperation with the affectedCountydepartmentsandagencies,assist in the recruiting,organizingandtrainingofsuchemergencymanagementpersonnelthatmayberequiredonavolunteerbasistocarryouttheemergencyplansoftheCountyandState.To the extent that such emergency personnel are
Otter Tail County,EMERGENCY MANAGEMENT ORDINANCE
recruited to augment a regular County department or agency for
emergencies,they shall be assigned to such departments or agencies
and shall be under the administration and control of said department
Or agency.(Minnesota Statutes Chapters 12.22,Subdivision 2a;12.34;12.35)
Subdivision 8.The director shall carry out all orders,rules,and
regulations issued by the Governor with reference to emergency
management.(Minnesota Statutes Chapter 12.28)
Subdivision 9.The director shall act as principal staff officer,aide,
and advisor to the Chairperson of the County Board or such other
official to whom responsibility has been delegated for the direction
and control of all County operations during an emergency,assuring
coordination among the operating departments,non-govemmental
groups,and with State,Federal,and local governments and
jurisdictions.(Minnesota Statutes Chapter 12.25)
Subdivision 10.The director shall prepare and submit such reports
on emergency preparedness activities as may be requested from time
to time by the County Board.(Minnesota Statutes Chapter 12.25,Subdivision 1)
Section 5.Local Emergencies
Subdivision 1.Alocal emergency may be declared onlybythe Chair
ofthe County Board of Commissioners or, inhis or her absence,the
Vice-Chair,and thereafter the next senior members of the Board as
determined bylengthoftenure in office.A local emergency shallnot
be continued in excess of three days except byor with the consent of
the County board.Any orderor proclamation declaring,continuing,or
terminating a local emergency shall be given prompt and general
publicity and shallbe filed promptly bythe County Auditor and
Recorder.(Minnesota Statutes Chapter 12.29,Subdivision 1)
Subdivision 2. A declaration of local emergency shall invoke
necessary portions ofthe response and recovery aspects of applicable
local or inter-jurisdictional disaster plans,and may authorize aid and
assistance under these plans.(Minnesota Statutes Chapter 12.29,Subdivision 2)
Subdivision3.No jurisdictional agencyor official may declare a local
emergency unless expressly authorized by the agreement under which
the agency functions.Interjurisdictional agencies,however,will
provide aidand services inaccordance with the agreement under
Which they function.(Minnesota Statutes Chapter 12.29,Subdivision 3)
Section 6.Emergency Regulations.
Subdivision 1.Whenever necessary to meet a declared emergency
orto prepare for suchan emergency for which adequate regulations
March 18,1997
LOCAL
EMERGENCIES
EMERGENCY
REGULATIONS
Otter Tail County,EMERGENCY MANAGEMENT ORDINANCE March 18,1997
have notbeenadoptedbythe Governor orthe County Board,the
Board may by resolution promulgate regulations,consistent with
applicable State or Federal law orregulation,respecting:the conduct
of persons and theuse of property during emergencies;the repair,
maintenance,and safeguarding of essential public services,
emergency health,fire,andsafety regulation,drills,orpractice periods
required for preliminary training,and all other matters which are
required to protectpublicsafety, health, and welfareindeclared
emergencies.(Minnesota Statutes Chapter 12.02,Subdivision 1(2);12.21)
Subdivision 2.Every resolution ofemergency regulations shall be in
writing,dated,and shall refer to the particular emergency to which it
pertains,if so limited,and shall be filed in the Office of the County
Coordinator,which copy shall be kept posted and available for public
inspection during business hours.Notice of the existence ofsuch
regulation and its availability for inspection at the County Coordinator's
Office shall be conspicuously posted at the front of the County court
house or at other headquarters of the County or at such other places in
the affected areas asthe Board shall designate in the resolution.
(Minnesota Statutes Chapter 12.29.Subdivision 1)
Subdivision 3.The County Board may rescind any such regulation
by resolution at any time.If not sooner rescinded,every such
regulation shall expire at the end ofthirty days after its effective date or
at the end ofthe emergency to which it relates,whichever comes first
Any resolution,rule,or regulation inconsistent with an emergency
regulation promulgated bythe Governor or by the Board shall be
suspended during the period oftime and to the extent such conflict
exists.In all instances,the health and safety of the public and
preservation oflife and property are of highest precedence.
(Minnesota Statutes Chapter 12.31,Subdivision2)
Subdivision 4.During adeclared emergency and notwithstanding
any statutory prohibition,the County Board is empowered to enter into
contracts and incur obligations within or without the boundaries of theCountythatarenecessarytocombatsuchdisasterbyprotectingthehealthandsafetyofpersonsandpropertyandprovidingemergency
assistance to the victims of such disaster.The County may exercise
such powers in the light ofthe exigencies of the disaster without
compliance and with the time consuming procedures and formalities
prescnbed by law pertaining to the performance of public work
entenng rental equipment agreements,purchase of supplies and
matenals,limitations upon tax levies,and the appropriation and
expenditure of public funds including,but not limited to,publication of
resolutions,publication of call for bids,provisions of personnel lawsandrules,provisions relating to low bids,and requirement for budgets.
(Minnesota Statutes Chapters 12.37)
Section 7.Emergency Management AGovernmental Function EMERGENCY
MANAGEMENT A
Otter Tail County,EMERGENCY MANAGEMENT ORDINANCE March 18,1997
Subdivision 1.All functions thereunder and all other activities ^Y^m
relating to emergency management are declared government functions.FUNCTION
The provisions of this section shall not affect the right of any person to
receive benefits to which he would otherwise be entitled under this
ordinance or under the worker's compensation law,orunder any
pension law,nor the right of any such person to receive any benefits or
compensation under any act of the Congress of the United StatesK(Minnesota Statutes Chapter 12.35,Subdivision 2)
Section 8.Participation in Labor Disputes or Politics
Subdivision 1.The emergency management organization shall not
be a political entity or participate in any form of political activity,nor
shall it be employed directly or indirectly for political purposes,nor shall
itbe employed in a labor dispute.(Minnesota Statutes Chapter 12.44)
Section 9.Effective Date
This ordinance shall take effect on the date of approvaljind adoption
by the Board of Commisspojiersjfor the Countyj^etferTail,Minnesota.
Approved
Attest
Cojbnty Coordinator
Signed and enacted asthe Otter Tall County Emergency Management Ordinance,March 18,1997
PARTICIPATION
IN LABOR DISPUTE
OR POLITICS
EFFECTIVE DATE
APPROVAL