(A) Applicability of section. This section shall apply whenever:
(1) The Governor, pursuant to I.C. 10-14-3-12, has declared a disaster emergency affecting all or part of the county;
(2) The principal executive officer of the county, pursuant to I.C. 10-14-3-29(a) and division (C) below, is preparing to, or has declared a local disaster emergency affecting all or part of the county; and/or
(3) The County Board of Commissioners has implemented a test of the county’s Comprehensive Emergency Management Plan and procedures in accordance with and to the extent necessary or dispensable to such test.
(B) Special emergency powers and duties of principal executive officer: declaration of local disaster emergency.
(1) In the event of an actual or threatened disaster emergency affecting the county, if feasible, the principal executive officer of the county shall seek the advice and input of the Director as to the advisability of declaring a local disaster emergency.
(2) If the County Board of Commissioners, acting as the principal executive officer of the county, is the entity declaring the local disaster emergency, then the statutory requirements contained in I.C. 36-2-2-8 and I.C. 5-14-1.5-5 regarding special and emergency meetings of the County Board of Commissioner must be met.
(3) The principal executive officer of the county may, in the event of an actual or threatened disaster emergency affecting the county declare a local disaster emergency, pursuant to I.C. 10-14-3-29. This declaration shall:
(a) Be in writing;
(b) State the nature of the disaster;
(c) State the conditions that have brought the disaster about;
(d) State the area or areas threatened;
(e) State the area or areas to which the local disaster emergency declaration applies (this may include the entire county or only designated parts thereof); and
(f) State the effective period of the local disaster emergency declaration. The disaster declaration shall not be continued or renewed for a period in excess of seven days except by or with the consent of the County Board of Commissioners.
(4) The declaration of a local disaster emergency, as well as any continuation or termination of such declaration shall be:
(a) Announced or disseminated to the general public by the best means available; and
(b) Filed promptly in the offices of the County Clerk, the County Auditor and the Clerk of any incorporated municipality located in the declared disaster area.
(5) The declaration shall not be invalidated or ineffective if any of the filing and dissemination requirements cannot be complied with due to the prevailing adverse circumstances.
(6) Upon a declaration, the county’s Comprehensive Emergency Management Plan or such component parts thereof as may be relevant to the emergency shall be activated and implemented.
(7) Declaration of a local disaster emergency is not necessary if the Governor, pursuant to I.C. 10-14-3-12, has already proclaimed a statewide or areawide disaster emergency that includes the county.
(8) Designate local travel advisories pursuant to I.C. 10-14-3-29, outlined in § 32.21(B)(6).
(C) County Board of Commissioners; convention of special emergency meeting.
(1) 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 principal executive officer of the county, to perform their legislative and administrative functions as the situation may demand.
(2) 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.
(3) 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.
(D) Principal executive officer: special emergency powers and duties.
(1) In the event that a disaster emergency has been declared that affects all or part of the county, and a quorum of the County Board of Commissioners cannot be assembled for purposes of the meeting needed under division (C) above, the principal executive officer of the county shall have, on an interim basis, all powers of the County Board of Commissioners and may take all such actions with respect to the disaster emergency declaration that the County Board of Commissioners would have been authorized to take.
(2) When a quorum of the County Board of Commissioners is assembled, these interim powers of the principal executive officer of the county shall cease.
(E) County Board of Commissioners: special emergency powers and duties.
(1) At the meeting convened under division (C) above, the County Board of Commissioners may exercise any of their normal executive and legislative powers to the extent related to the emergency and necessary to deal therewith.
(2) In addition to the powers enumerated in division (E)(1) above, the Board 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 principal executive officer of the county, pursuant to division (B) above, 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 Commissioners 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 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 provision 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 (E)(2)(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, 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.
(1) Pursuant to I.C. 10-14-3-17, 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 subchapter. 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 Emergency 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. 10-14-3-17.
(m) The County Board of Commissioners may, in accordance with the 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.
(3) All actions taken by the County Board of Commissioners under this section shall be:
(a) Adopted by ordinance or resolution pursuant I.C. 10-14-3-17; 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.
(F) Officers and employees of incorporated and unincorporated areas of the county: general duties during emergency. During a declared disaster emergency, all officers and employees of incorporated and unincorporated areas of the county shall:
(1) Cooperate with and give active support to the County Board of Commissioners and the County Emergency Management Director; and
(2) Comply with all orders, rules and regulations issued pursuant to this subchapter by the County Board of Commissioners or the County Emergency Management Director.
(G) Noncompliance with emergency orders, rules and regulations: obstruction or impersonation of emergency management authorities; penalties and enforcement.
(1) Whenever this subchapter applies, it shall be unlawful and a penal ordinance violation for any person to:
(a) Willfully obstruct, hinder or delay the County Board of Commissioners, the Director of Emergency Management, participating emergency services, authorized emergency management volunteers or other authorities from implementing, carrying out and enforcing the Emergency Plan;
(b) Fail to observe, abide by and comply with any emergency management duties, orders, regulations and procedures as made applicable to such person by the appropriate authorities; or
(c) Falsely wear or carry identification as a member of the County Department of Emergency Management or to otherwise falsely identify or purport to be a county emergency management authority.
(2) Any regular or reserve police officer of the state or any of its political subdivisions is hereby empowered to issue and serve a civil citation against any person found to be committing an offense described above.
(H) Limitation of liability during disaster emergency or emergency or emergency management tests. During an emergency management test or declared disaster emergency, the county, the county’s assigned personnel, participating emergency services, and rostered emergency management volunteers shall be immune from liability to the full extent provided by I.C. 10-14-1 and any other applicable law.
(I) Compensation for property commandeered or used during disaster emergency. Pursuant to I.C. 10-14-3, compensation for property shall be paid only if the property was commandeered or otherwise used in coping with a disaster emergency and its use or destruction was ordered by the Governor or a member of the disaster emergency forces of the state. Any person claiming compensation for the use, damage, loss, or destruction of such property shall make a claim for it. This claim shall be filed and adjudicated as provided in I.C. Title 32.
(Ord. 2013-06, passed 6-27-2013)