(A) There is hereby established a Department of Emergency Management within the Executive Branch of the Dearborn County government for the purpose of utilizing to the fullest extent possible the personnel and facilities of existing Dearborn County departments and agencies to prepare for and meet any disaster, as defined in this chapter. The Director of Emergency Management shall be responsible for its organization, administration and operation.
(B) The Department of Emergency Management shall consist of the following:
(1) The Director of Emergency Management;
(2) A Deputy Director appointed by the Director with the approval of the Advisory Council. The Deputy Director shall fulfill the duties of the Director in the absence or incapacity of the Director to serve and assist the Director in the performance of the Director’s duties;
(3) Emergency management volunteers, as deemed necessary and appointed by the Director. In addition to the other requirements in this chapter, the Director shall ensure that all volunteer personnel meet the following qualifications before being placed on the roster as a member of the Department:
(a) Be at least 18 years of age or older;
(b) Not be convicted of a felony; and
(c) Have completed and have on file with the Department an A-l 1 application form;
(4) The employees, equipment and facilities of all Dearborn County departments and agencies suitable for, or adaptable to emergency management and designated by the Emergency Plan to participate in emergency management activity;
(5) Staff officers with responsibility for communications and warning, radiological, health and medical care, law enforcement, fire and search and rescue, public works and public information in accordance with the Comprehensive Emergency Management Plan;
(6) The assistants, clerical help and other employees as deemed necessary and appointed by the Director in accordance with the Comprehensive Emergency Management Plan.
(C) Pursuant to I.C. 10-14-3-27(a), no person shall be employed or associated in any capacity in any emergency management organization established under this chapter who:
(1) Advocates a change by force or violence in the constitutional form of the government of the United States or the overthrow of any government in the United States by force or violence; or
(2) Has been convicted of or is under indictment or information charging any subversive acts against the United States.
(D) Pursuant to I.C. 10-14-3-27(b), each individual who is appointed to serve in an organization for emergency management shall, before entering upon the individual’s duties, take a loyalty oath, in writing, before a person authorized to administer oaths in the state.
(1) The loyalty oath shall be substantially as follows:
“I,______________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Indiana against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates, the overthrow of the government of the United States or of this state by force or violence; and that during such time as I am a member of the Dearborn County Department of Emergency Management I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence.”
(2) In accordance with I.C. 10-14-3-27(c), the Executive Director of the IDHS and the County Emergency Management Director may administer this loyalty oath and may delegate the authority to administer the loyalty oath to designated deputies and assistants approved by the Executive Director of the IDHS.
(E) Pursuant to I.C. 10-44-3-26, the Department shall not:
(1) Participate in any form of political activity; or
(2) Be employed directly or indirectly for political purposes.
(F) The Dearborn County Council shall not have any power of approval over particular candidates for any position, but the Dearborn County Council shall have general statutory powers to determine the number of officers, deputies, and employees of Dearborn County departments, classify positions and adopt schedules of compensation pursuant to I.C. 36-2-5-3(a). Notwithstanding any other provision in this chapter, with the exception of the Director, a compensated position may not be established within the Department of Emergency Management nor shall any person be appointed to the position without authorization and sufficient funding from the Dearborn County Council.
(BC Ord. 2013-002, passed 1-15-13)