(A) In time of normal county operations, the powers and duties of the County Board of Commissioners, pertaining to emergency management, shall be:
(1) Maintaining general supervision over the planning and administration for the Department;
(2) Adopting the Comprehensive Emergency Management Plan;
(3) Coordinating emergency management activities consistent with the Comprehensive Emergency Management Plan;
(4) Making assignments of county personnel to emergency management activities consistent with the Comprehensive Emergency Management Plan;
(5) Making assignments of county personnel to emergency management duties in order to meet situations not covered in the normal duties and powers of such agencies, consistent with the Comprehensive Emergency Management Plan;
(6) Taking all necessary action, in coordination with the Department, to conduct tests of the Comprehensive Emergency Management Plan; and
(7) Educating themselves as to their responsibilities under the Comprehensive Emergency Management Plan.
(B) As allowed by I.C. 36-2-2-8 and I.C. 5-14-1.5-5(d), a special meeting of the County Board of Commissioners shall be called as soon as possible after the disaster emergency that affects the county has been declared, either by the Governor or by the principle executive officer of the county, to perform their legislative and administrative functions as the situation may demand.
(1) As required by I.C. 36-2-2-8(b) and I.C. 5-14-1.5-5(d), the following conditions must be met for this meeting:
(a) The notice for the meeting must include a specific statement of the purpose of the meeting;
(b) News media that have requested notice of meetings must be given the same notice as is given the members of the County Board of Commissioners;
(c) The public must be notified of this meeting by posting a copy of the notice at the principal office of the County Board of Commissioners, or, if no such office exists, at the building where the meeting is to be held;
(d) The County Board of Commissioners may not conduct any business at this meeting that is unrelated to the disaster emergency declaration; and
(e) All other such requirements that are applicable to a meeting that is called to deal with an emergency.
(2) In addition, such a meeting may:
(a) Be held in any convenient and available place;
(b) Continue without adjournment for the duration of the disaster emergency; and
(c) Be recessed for reasonable periods of time as necessary and permitted by the circumstances.
(C) At the meeting convened under division (B) above, the County Board of Commissioners may exercise any of its normal executive and legislative powers to the extent related to the emergency, and necessary to deal therewith.
(1) In addition to the powers enumerated in division (C) above, the Board of Commissioners may also exercise any of the following special, and extraordinary, powers:
(a) The County Board of Commissioners may extend the period of a local disaster emergency declared by the principle executive officer of the county, pursuant to § 35.15(A), to last more than seven days, if necessary;
(b) The County Board of Commissioners may terminate the local disaster emergency;
(c) The County Board of Commissioners may assemble, and utilize, emergency management resources, including:
1. Personnel of the Department of Emergency Management;
2. Participating emergency services; and
3. Any other resources at the disposal of the Board hereunder for emergency management purposes.
(d) The County Board of Commissioners may order volunteer forces which have been activated, pursuant to the Comprehensive Emergency Management Plan, to the aid of the county, state, or political subdivisions thereof as soon as practicable. These volunteer forces shall be under the direction of the Department of Emergency Management.
(e) In order to control the local disaster emergency and provide for public health, safety, and welfare, the County Board of Commissioners may, to the extent permitted by I.C. 10-14-3-31, and subject to its provisions, command services and/or requisition the use of:
1. Equipment;
2. Facilities;
3. Supplies; or
4. Other property.
(f) The County Board of Commissioners may order the evacuation of all, or part, of the population from stricken areas of the county, and prescribe:
1. Routes;
2. Modes of transportation; and
3. Evacuation destinations.
(g) The County Board of Commissioners may make provisions 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.
(h) Except in accordance with division (C)(1)(i) below, the County Board of Commissioners shall not suspend any provisions of ordinances or procedures, which are mandated by statute.
(i) In the event of a disaster emergency that has been declared by the Governor, the County Board of Commissioners, in accordance with I.C. 10-14-3-17(j)(5), may waive any procedures or requirements of statute, or of county ordinances reflecting statutory requirements and mandates, pertaining to:
1. The performance of public works;
2. The entering into contracts;
3. The incurring of obligations;
4. The employment of permanent and temporary workers;
5. The utilization of volunteer workers;
6. The rental of equipment;
7. The purchase, and distribution, of supplies, materials, and facilities; and
8. The appropriation and expenditure of public funds.
(j) The County Board of Commissioners may assign any special emergency duties and functions to county:
1. Offices;
2. Departments; and
3. Agencies.
(k) Any unexpended and unencumbered monies budgeted and appropriated, but not otherwise dedicated by law to different 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.
(l) Pursuant to I.C. 10-14-3-22, the County Board of Commissioners may make, amend, and rescind such orders, rules, and regulations as may be necessary for emergency management purposes, and to supplement the carrying out of the provisions of this chapter. Such orders, rules, and regulations:
1. Cannot be inconsistent with any orders, rules, or regulations promulgated by the Governor, or by any state agency exercising a power delegated to it by the Governor;
2. Cannot be inconsistent with the county’s emergency management program or Comprehensive Emergency Management Plan;
3. Shall have full force and effect of law when filed in the office of the County Clerk; and
4. Are enforceable by any local or state law enforcing authority in accordance with I.C. 10-14-3-24.
(m) The County Board of Commissioners may, in accordance with the Comprehensive Emergency Management Plan, 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.
(2) All actions taken by the County Board of Commissioners under this division (C) shall be:
(a) Adopted by ordinance or resolution, pursuant to I.C. 10-14-3-22; and
(b) Consistent with, and subordinate to, any actions, orders, or regulations made by the Governor, or a state agency, implementing the State Comprehensive Emergency Management Plan.
(Ord. 2005-24, passed 7-19-2005)