(A) At the meeting convened under § 32.38, the Commissioners may exercise any of their normal executive and legislative powers to the extent related to the emergency and necessary to deal therewith. In addition, however, they may also exercise any of the following special and extraordinary powers.
(1) The Commissioners may extend the period of a state of emergency declared by the Chief Executive Officer pursuant to § 32.37 to last more than seven days if necessary.
(2) The Commissioners may terminate the state of emergency, except for a state of emergency proclaimed by the Governor.
(3) The Commissioners may order the activation and implementation of the county’s comprehensive emergency management and disaster control plan that has been adopted pursuant to § 32.22, or such several component parts thereof as may be relevant to the emergency.
(4) The Commissioners may assemble and utilize emergency management forces, including personnel of the Department of Civil Defense, participating emergency services, and any other forces at the disposal of the Commissioners hereunder for emergency management purposes.
(5) The Commissioners may order volunteer forces to the aid of the county, state, or political subdivision thereof as soon as practicable. Those volunteer forces will be under the direction of the Department of Civil Defense.
(6) The Commissioners may, to the extent provided by state and federal law, command services from and/or requisition the use of equipment, facilities, supplies, or other property belonging to other organizations, corporations, or private persons as necessary to control the emergency and protect and provide for the safety and welfare of the public as provided by I.C. 10-14-3-17.
(7) The Commissioners may order the evacuation of all or part of the population from stricken areas of the county, and prescribe routes, modes of transportation, and destinations for such evacuation.
(8) The Commissioners may make provision for availability and use of temporary emergency housing, which housing need not necessarily comply with any minimum housing standards, building or zoning regulations, and the like, which would govern the use and location of premises for housing purposes during normal times.
(9) The Commissioners may suspend, for the duration of the state of emergency (or for a lesser period as they may determine), any provisions of or procedures prescribed by ordinances of the county if they would be impractical during the emergency, would interfere with the implementation and carrying out of emergency plans, or would be inimical to actions necessary to protect the public safety and welfare; provided, however, that except in accordance with division (A)(10) below, the Commissioners may not suspend any provisions of ordinances or procedures which are mandated by statute.
(10) In the event of enemy attack, or when a state of emergency has been proclaimed by the Governor, the Commissioners may also waive any procedures or requirements established by state statute or county ordinance pertaining to the appropriation and expenditure of public funds, the incurrence of obligations, the performance of public works, the entering into contracts, the employment of workers (permanent or temporary), or the utilization of volunteers, the rental of equipment, or the purchase and distribution of supplies, materials, and facilities.
(11) The Commissioners may assign special emergency duties and functions to any county offices, departments, and agencies irrespective of their usual duties and functions and any unexpended and unencumbered moneys budgeted and appropriated for the operation of such offices, departments, and agencies and not otherwise dedicated by law to different and specified purposes may, within the scope of each major budget and appropriation category (major object classification), be utilized and expended for the purpose of carrying out such special emergency duties and functions.
(12) The Commissioners may make and promulgate such emergency regulations as may be deemed necessary to protect life and property, preserve order, conserve critical resources, or implement and carry out the provisions of the county’s or state’s disaster plans, including, but not limited to, the power to order the roads closed, establish curfews, close business, or any action that they deem necessary to save lives and recover from a declared emergency. This power also includes the power to supplement, modify, or suspend any general contingency regulations which may have been incorporated as part of the county’s previously adopted Emergency Operations Plan. Any emergency regulations adopted under this section shall not be effective until promulgated by means of the filing of a signed, written declaration filed in the offices of the County Clerk and the County Auditor. In the event that such filing is impossible due to said emergency, such regulations shall be effective and enforceable notwithstanding said filing and shall have the full force and effect of law.
(13) The Commissioners may request the state or the United States, or their agencies and political subdivisions, to send aid (including financial assistance) if the situation is beyond the control of the regular and emergency county forces and resources.
(B) All actions and regulations under this section may be by executive order, and need not be made or adopted by ordinance or resolution but shall be consistent with and subordinate to any actions, orders, or regulations made by the Governor or a state agency implementing state emergency operations plans.
(Ord. 1989-11, passed 10-2-1989)