(A) Emergency Management Advisory Council.
(1) In accordance with I.C. 10-14-3-17, there is established and confirmed a Daviess County Emergency Management Advisory Council, after confirmation by the Board of Commissioners, which shall consist of the following individuals or their designees:
(a) The President of the County Board of Commissioners;
(b) The President of the County Council;
(c) The Mayor of each city located in the county;
(d) An individual representing the legislative bodies of all towns in the county who shall be appointed by the Commissioners after receiving recommendations from such legislative bodies;
(e) Representatives of such private and public agencies or organizations which can be of assistance to emergency management as the Commissioners consider appropriate or as may be added later by the Advisory Council; and
(f) The commander of a local civil air patrol unit in the county, if existing, as appointed by the Commissioners, or the commander’s designee.
(2) Members of the Advisory Council shall serve at the pleasure of the appointing authority. Individuals who are members of the Advisory Council at the time this subchapter takes effect may remain as members and may continue to serve on the Advisory Council until their present terms expire. The Advisory Council shall exercise general supervision and control over the Emergency Management program in the county.
(3) The Advisory Council shall cause an Emergency Management Director to be selected in accordance with division (C) below, who shall have direct responsibility for the organization, administration, and operation of the emergency management program in the county, and who shall be responsible to the Chair of the County Advisory Council.
(4) The Advisory Council shall have and select a Chair, Vice-Chair, and Recording Secretary. The Advisory Council shall meet at least bi-annually.
(B) Organization of the Emergency Management Department.
(1) There is hereby established and confirmed a Department of Emergency Management within the executive branch of the county government for the purpose of utilizing to the fullest extent possible the personnel and facilities of existing county departments and agencies to prepare for and meet any emergency as defined in § 36.21 of this chapter. The Director of Emergency Management shall be responsible for its organization, administration, and operation. The Department shall consist of the following:
(a) An executive head of the Department of Emergency Management, who shall be known as the Director of Emergency Management, appointed in accordance with division (C) below;
(b) One or more Deputy Directors who may be appointed by the Director with the approval of the Advisory Council under the authority of the Board of Commissioners;
(c) Emergency management volunteers as deemed necessary and appointed by the Director in accordance with division (G) below;
(d) The employees, equipment, and facilities of all county departments and agencies suitable for, or adaptable to, emergency management and designated by the Commissioners to participate in the emergency management activity;
(e) Staff officers with responsibility for emergency support functions as established in the County Comprehensive Emergency Management Plan including warning, communications, radiological, health, emergency care, police, fire, light rescue, public education, and transportation, who may be appointed by the Director but which positions shall be, so far as possible, additional duty assignments to existing personnel; and
(f) Such assistants, clerical help, and other employees as deemed necessary to the proper functioning of the Department, who may be appointed by the Director.
(2) However, notwithstanding any other provision of this division (B), no compensated position may be established within the Department of Emergency Management nor any person appointed to such position without the authorization of the Commissioners and the County Council pursuant to I.C. 36-2-5-3(a) and the making of sufficient appropriations to pay such compensation. This provision does not give the County Council any power or approval over particular candidates for any positions, but refers only to its general statutory powers to determine the numbers of officers, deputies, and employees of county departments, classify positions, and adopt schedules of compensation. In addition, it is also the intent of this division (B) that emergency management and disaster assignments shall be as nearly consistent with normal duty assignments as possible.
(C) Director of Emergency Management. At any time that a vacancy exists or a term expires in the office of the Director, the Advisory Council shall select the Director of Emergency Management subject to the approval of the Commissioners. In the event the individual selected by the Advisory Council is not approved by the Commissioners, the Advisory Council shall select another individual to serve as Director which process shall be repeated until approval of the Director is obtained from the Commissioners. Qualifications for the Director will be determined by the Advisory Council subject to the approval of the Commissioners. The Commissioners may dismiss the Director for cause upon determining the Director to be inadequate to fulfill his or her responsibilities, which shall include dereliction of duties (including failure to provide the Indiana Department of Homeland Security Director required annual reports and documentation), malfeasance in office, incompetence, insubordination, or deliberate disregard of the directives of superior county or state authorities, or physical or mental incapacity to perform his or her duties.
(D) General powers and duties of Director.
(1) The Director, subject to the supervision, direction, and control of the Advisory Council, shall be executive head of the Department of Emergency Management and shall have responsibility for its organization, administration, and operation, including the following specific powers and duties:
(a) The Director shall be responsible for public relations, information, and education regarding all phases of emergency management.
(b) The Director shall be responsible for the development of a County Comprehensive Emergency Management Plan, and upon adoption, shall be responsible for such implementation, and revision of the plan as to maintain it on a current state of readiness at all times. This plan shall include all major cities within the county.
(c) The Director shall coordinate, with county political subdivisions, all activities for emergency management and shall maintain liaison and coordinate with all other affected agencies, public and private.
(d) The Director shall coordinate the recruitment and training of volunteer personnel and agencies to augment the personnel and facilities of the county for emergency management purposes.
(e) The Director may seek, negotiate, and enter into (with the approval of the Commissioners and to the extent consistent with the Indiana Department of Homeland Security Comprehensive Emergency Management Plan) mutual-aid arrangements with other public and private agencies for emergency management purposes, and take all steps in accordance with such arrangements to comply with or take advantage thereof in the event of an actual emergency affecting the parties.
(f) The Director may, when such offer has been approved by the Governor and the Commissioners, accept any offer of the federal government to provide for the use of the county any services, equipment, supplies, materials, or funds for emergency management purposes by way of gift, grant or loan.
(g) The Director, with the approval of the Commissioners, may seek and accept from any person, firm or corporation, any gratuitous offers to provide services, equipment, supplies, materials, funds, and licenses or privileges to use real estate or other premises, to the county for emergency management purposes.
(h) The Director may issue proper insignia and papers to emergency management workers and other people directly concerned with emergency management.
(2) The Director, in addition to the powers and duties expressly provided above, shall be construed to have all powers and duties of a local emergency management director as provided under I.C. 10-14-3.
(E) Deputy Director. If a Deputy Director has been appointed pursuant to division (B)(1)(b) of this section, he or she shall during normal times assist the Director in the performance of his or her duties. During an emergency, the Deputy Director shall assist the Director and fulfill the duties of the Director in the absence or inability of the Director to serve.
(F) Powers and duties of Commissioners. The powers and duties of the Commissioners pertaining to emergency management in times of normal county operation are to:
(1) Maintain general supervision and knowledge of the planning and administration for the Department of Emergency Management;
(2) Adopt the Comprehensive Emergency Management Plan for the county;
(3) Coordinate the emergency management activities and make assignments of emergency management duties to county forces in order to meet situations not covered in the normal duties and powers of such agencies. In addition, the Commissioners may take all necessary action to conduct tests of the emergency management plans. Emergency management tests may be conducted at any time with or without prior notification. All emergency tests conducted within the boundaries of the county shall be coordinated with the Department of Emergency Management, the County Sheriff’s Office; and
(4) Perform all other powers and duties reserved or assigned to them under this subchapter and under I.C. 10-14-3.
(G) Emergency management volunteers.
(1) The Director shall make sure that all emergency management personnel meet the following qualifications before he or she is sworn in as a member:
(a) Be at least 18 years of age;
(b) Not be convicted of a felony;
(c) Complete and have on file an application form; and
(d) Take an oath in writing as provided in I.C. 10-14-3-27.
(2) Upon satisfaction of the above requirements, the applicant is officially a member of the County Department of Emergency Management.
(H) Personnel. In general, any paid employees of the Department of Emergency Management shall have the same employment status and shall be governed by the same uniform personnel policies, rules, and procedures that apply to other county employees.
(I) Budget and finance. The Advisory Council shall advise the Director in the preparation of the budget. The County Council shall appropriate such funds as it may deem appropriate for the purpose of emergency management. All funds appropriated or otherwise available to the Department of Emergency Management shall be administered by the Director, subject to the approval of the Commissioners, in the same manner as provided by law or ordinance for other county funds, except as otherwise provided under § 36.23(F)(1)(i) through (F)(1)(k) of this chapter.
(J) Comprehensive Emergency Management Plan. Consistent with the requirements of federal preparedness assistance, the county does hereby adopt and establish the National Incident Management System (NIMS) as developed and administered by the Secretary of the Department of Homeland Security as the county standard for incident management. The county by doing so will seek a coordinated effort from all agencies to effectively and efficiently provide the highest level of incident management. Furthermore, the county recognizes the need to utilize standardized terminology, organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualifications, uniform standards for planning, training and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters. In a manner consistent with NIMS, a County Comprehensive Emergency Management Plan shall be developed by the Director and the Advisory Council and submitted to the Commissioners for consideration and approval. The Plan shall be developed so as to be in compliance and consistent with the requirements of applicable state and federal law and regulations. In the preparation of this Plan, as it pertains to county organizations, it is the intent that the services, equipment, facilities, and personnel of all existing departments and agencies shall be utilized to the fullest extent possible. In addition, all participating emergency service agencies that develop internal plans shall coordinate those plans with the Department of Emergency Management in order to include such plans with the County Comprehensive Emergency Management Plan. When approved, the county departments and agencies shall perform the functions and duties assigned by the Plan and maintain their portion of the Plan in a current state of readiness at all times.
(K) Countywide emergency management. Except as provided by § 36.20(C) and (D) of this chapter, the jurisdiction of the County Department of Emergency Management, the jurisdiction and applicability of the county’s Comprehensive Emergency Management Plan as adopted pursuant to division (J) above, and the exercise of any powers of the principal executive officer of the county and the Commissioners under this subchapter, shall be comprehensive and inclusive countywide and effective in both the incorporated and unincorporated areas of the county.
(Ord. 2014-3, passed 6-9-2014)