(A) Establishment; staffing; oath; and prohibition of political activity.
(1) There is hereby established 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 disaster as defined in this subchapter. The Director of Emergency Management shall be responsible for its organization, administration and operation.
(2) 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 § 32.19(C);
(b) 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 Director’s duties;
(c) Emergency management volunteers, as deemed necessary and appointed by the Director. In addition to the other requirements in this subchapter, the Director shall ensure that all volunteer personnel meet the following qualifications before being placed on the roster as a member of the Department:
1. Be at least 18 years of age or older;
2. Not be convicted of a felony; and
3. Have completed and have on file with the Department an application form.
(d) The employees, equipment and facilities of all county departments and agencies suitable for, or adaptable to emergency management and designated by the Plan to participate in emergency management activity;
(e) 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; and
(f) Such assistants, clerical help and other employees as deemed necessary and appointed by the Director in accordance with the Comprehensive Emergency Management Plan.
(3) 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 subchapter who:
(a) 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
(b) Has been convicted of or is under indictment or information charging any subversive act against the United States.
(4) 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 an oath, in writing, before a person authorized to administer oaths in this state.
(a) The 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 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.”
(b) For the purposes of this section and §§ 32.20 through 32.25, the Executive Director of IDHS and the Director shall be authorized to administer the oath provided in division (A)(4)(a) above of this section 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) Pursuant to I.C. 10-14-3-26, the Department and its employees are prohibited from participating in political activity as follows.
(a) The Department shall not participate in any form of political activity nor shall it be employed for political purposes.
(b) Political considerations shall not be a consideration for appointment to the Department nor a cause for dismissal except as provided in divisions (A)(3) and (A)(4) above.
(c) Full-time employees of the Department shall not participate in political activities.
(6) It is the intent of this division (A)(6) that emergency management and disaster assignments under the Plan shall be as consistent with normal duty assignments as possible.
(7) The County Council shall not have any power of approval over particular candidates for any position, but 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). Notwithstanding any other provision of this subchapter, 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.
(B) Duties. The Department, subject to the direction and control of the Director, shall prepare and implement the Comprehensive Emergency Management Plan, including the following specific duties:
(1) 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 in accordance with I.C. 10-14-3-17;
(2) 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;
(3) Write and implement the Comprehensive Emergency Management Plan, which shall conform to the guidelines contained in the most current state and federal guidance documents (the county cannot receive state and/or federal matching funds unless this is done), and the requirements established under § 32.22, herein. As part of the preparation of this Plan, the Department shall:
(a) Identify and analyze the effects of hazards that threaten the county;
(b) Inventory manpower and material resources from governmental and private sector sources that would be available in a disaster or emergency;
(c) Establish a system to alert key officials in event of a disaster or emergency;
(d) Identify resource deficiencies and work with appropriate officials on measures to correct them;
(e) Develop and maintain an emergency communications system, thus assuring proper functioning of emergency communications throughout the county, including all cities and towns;
(f) Take all actions necessary to ensure the continuity of government procedures and systems in the event of a disaster;
(g) Establish and maintain a shelter and reception and care system for both people and animals;
(h) Develop a training program for emergency response personnel ensuring that mitigation, training and exercising have been performed for all such personnel; and
(i) Coordinate with industry to develop and maintain industrial emergency plans and capabilities in support of the Comprehensive Emergency Management Plan.
(4) Update the Comprehensive Emergency Management Plan as needed to keep it current, as required by I.C. 10-14-3-17;
(5) Develop a program to test and exercise the Emergency Plan; and
(6) Designate local travel advisories pursuant to I.C. 10-14-3-29.5.
(a) Designate the travel advisory as falling into one of the following categories.
1. Advisory. The lowest level of local travel advisory, means that routine travel or activities may be restricted in areas because of a hazardous situation, and individuals should use caution or avoid those areas.
2. Watch. Means that conditions are threatening to the safety of the public. During a watch local travel advisory, only essential travel, such as to and from work or in emergency situations, is recommended, and emergency action plans should be implemented by businesses, schools, government agencies and other organizations.
3. Warning. The highest level of local travel advisory means that travel may be restricted to emergency management workers only. During a warning local travel advisory, individuals are directed to:
a. Refrain from all travel;
b. Comply with necessary emergency measures;
c. Cooperate with public officials and disaster services forces in executing emergency operations plans; and
d. Obey and comply with the lawful directions of properly identified officers.
(b) These travel advisories do not restrict persons who are traveling to:
1. Maintain a safe rail system;
2. Restore utility service;
3. Provide any other emergency public service;
4. Traveling to and from work; and
5. Traveling for any medical or home emergency.
(c) Further and more specific restrictions, including parking restrictions, may be included in a warning local travel advisory. If the Emergency Management Agency Director or the Principal Executive Officer of a political subdivision determines that conditions within the political subdivision have created the need for travel advisory restrictions without a local disaster emergency declaration under I.C. 10-3-29, the Emergency Management Agency Director or the Principal Executive Officer may issue an advisory or a watch level travel advisory. A warning level travel advisory may be issued only after a local disaster emergency is declared under I.C. 10-14-3-29.
(C) Budget and finance.
(1) The Advisory Council shall advise the Director in the preparation of the budget.
(2) The County Council shall appropriate such funds, as it may deem necessary for the purpose of emergency management.
(3) All funds appropriated or otherwise available to the Department of Emergency Management shall be administered by the Director.
(Ord. 2013-06, passed 6-27-2013)