§ 31.04  DEPARTMENT OF EMERGENCY MANAGEMENT.
   (A)   Re-establishment of Department. There is hereby re-established the County 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 disaster as defined in this chapter. The Director of Emergency Management shall be responsible for its organization, administration and operation.
   (B)   Staffing. The Department shall consist of the following: an executive head of the Department of Emergency Management, who shall be known as the Director of Emergency Management; a deputy director appointed by the Director, which position may be voluntary or paid; an assistant deputy director and radio officer, which will be voluntary; and emergency management volunteers, as deemed necessary and appointed by the Director.
      (1)   Qualifications of volunteers. In addition to the other requirements in this section, the Director shall ensure that all volunteer personnel meet the following qualifications before being placed on the roster as a member of the Department: be at least 18 years of age or older; have no felony or Class A misdemeanor convictions; have a completed and filed an application with the Department; and have signed and on file an oath as provided in I.C. 10-14-3-27(b).
      (2)   Other personnel. In addition to the staff and volunteers, the Department may exercise jurisdiction over such employees, equipment and facilities of all county departments and agencies suitable for, or adaptable to emergency management and designated by or appointed by the Director in accordance with the County Emergency Management Comprehensive Plan to participate in emergency management activity.
      (3)   Prohibition of political activity. Pursuant to I.C. 10-14-3-26, the Department and its employees are prohibited from participating in any form of political activity or being employed for political purposes. Political qualifications may not be a consideration for appointment to the Department nor a cause for dismissal, except as provided in division (E) of this section. Full-time employees of the Department may not participate in political activities.
      (4)   Oath. Pursuant to I.C. 10-14-3-27(b), each individual who is appointed to serve in the Department shall, before entering upon the individual’s duties, take an oath, in writing, in form and substance as set forth in I.C. 10-14-3-27(b) before a person authorized to administer oaths in the state. For the purposes of this section, the Executive Director of IDHS and the Director shall be authorized to administer the oath to emergency management and disaster personnel; and may delegate that authority to designated deputies and assistants as may be approved by the Executive Director of IDHS.
      (5)   Subversive activities. No person shall be employed by or associated in any capacity with the Department who advocates a change by force or violence in the constitutional form of government of the United States or the overthrow of any government in the United States by force or violence; or has been convicted of or is under indictment or information charging a subversive act against the United States.
   (C)   Budget. The Advisory Council shall advise the Director in the preparation of the budget. All funds appropriated or otherwise available to the Department of Emergency Management shall be administered by the Director.
   (D)   Funding. The County Council shall have general statutory powers to determine the numbers of officers, deputies and employees of county departments, classify positions and adopt schedules of compensation pursuant to I.C. 36-2-5-3(a). The County Council shall appropriate such funds, as it may deem necessary for the purpose of emergency management. Notwithstanding any other provision of 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 such position without authorization and sufficient funding from the County Council.
   (E)   Duties. The Department, subject to the direction and control of the Director, shall carry out the following specific duties:
      (1)   Write and implement the Comprehensive Emergency Management Plan, which shall conform to the guidelines contained in the most current state and federal guidance;
      (2)   Update the Comprehensive Emergency Management Plan as needed to keep it current, as required by I.C. 10-14-3-1 et seq.;
      (3)   Develop a program to test and exercise the Emergency Plan;
      (4)   Prepare and distribute to all appropriate officials in written form a clear and complete statement of the emergency responsibilities of all local agencies and officials and of the disaster chain of command;
      (5)   Work closely with officers and employees of incorporated and unincorporated areas of the county to develop a hazard mitigation program to eliminate or reduce potential hazards;
      (6)   Establish an incident management system and a unified command system to be used in a response to a disaster or emergency; and
      (7)   Undertake any other duties and responsibilities necessary, incidental or appropriate to implement the provisions of I.C. 10-14-3.
(Ord. 2013-01, passed 2-19-2013)