(A) At the meeting convened under § 35.43, the Commissioners may exercise any of their normal executive and legislative powers to the extent related to the emergency and necessary to deal therewith. In addition, however, they may also exercise any of the following special and extraordinary powers:
(1) The Commissioners may extend the period of a state of emergency declared by the principal executive officer pursuant to § 35.42 to last more than seven days if necessary.
(2) The Commissioners may terminate the state of emergency, except for a state of emergency proclaimed by the Governor.
(3) The Commissioners may order the activation and implementation of the county’s comprehensive emergency management plan that has been adopted pursuant to § 35.29 of this chapter, or such several component parts thereof as may be relevant to the emergency.
(4) The Commissioners may assemble and utilize emergency management forces, including personnel of the Department of Emergency Department, participating emergency service agencies, and any other forces at the disposal of the Commissioners hereunder for emergency management purposes.
(5) The Commissioners may order volunteer forces to the aid of the county, state, or political subdivisions thereof as soon as practicable. Such volunteer forces will be under the direction of the Department of Emergency Management.
(6) The Commissioners may, to the extent permitted by I.C. 10-14-3 and subject to its provisions, command services from and/or requisition the use of equipment, facilities, supplies, or other property belonging to other organizations, corporations, or private persons as necessary to control the emergency and protect and provide for the public safety and welfare.
(7) The Commissioners may order the evacuation of all or part of the population from stricken areas of the county, and prescribe routes, modes of transportation, and destinations for such evacuation.
(8) The 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.
(9) The Commissioners may suspend, for the duration of the state of emergency (or for a lesser period as they determine), any provisions of or procedures prescribed by ordinances of the county if they would be impractical during the emergency, would interfere with the implementation and carrying out of emergency plans, or would be inimical to actions necessary to protect the public safety and welfare; provided, however, that except in accordance with division (A)(10) hereinafter, the Commissioners may not suspend any provisions of ordinances or procedures which are mandated by statute.
(10) In the event of enemy attack or when the state of emergency has been proclaimed by the Governor, the Commissioners may waive any procedures or requirements of statute or of county ordinances reflecting statutory requirements and mandates in accordance with I.C. 10-14-3.
(11) The Commissioners may assign special emergency duties and functions to any county offices, departments, and agencies irrespective of their usual duties and functions, and any unexpended and unencumbered monies budgeted and appropriated (major object classification) may be utilized and expended for the purpose of carrying out such special emergency duties and functions.
(12) The Commissioners may make and promulgate such emergency regulations as may be deemed necessary to protect life and property, preserve order, conserve critical resources, or implement and carry out the provisions of the county’s or state’s disaster plans, including but not limited to the power to order the roads closed, establish curfews, close businesses, or any other action that they deem necessary to save lives and recover from a declared emergency. This power also includes the power to supplement, modify, or suspend any general contingency regulations which may have been incorporated as part of the county’s previously adopted comprehensive emergency management plan. Any emergency regulations adopted under this division shall not be effective until promulgated, which promulgation shall be by written filing in the offices of the County Clerk as required by I.C. 10-14-3-22; provided, however, that should such filing be impossible because of the emergency situation, such regulations shall have the full force of law and shall be enforceable by any police officer in accordance with I.C. 10-14-3.
(13) The Commissioners may request the state or the United States or their agencies and political subdivisions to send aid (including financial assistance).
(B) All actions and regulations under this section may be by executive order, and need not be made or adopted by ordinance or resolution, but shall be consistent with and subordinate to any actions, order, or regulations made by the Governor or a state agency implementing the State Department of Homeland Security comprehensive emergency management plan.
(Ord. 2014-5, passed 4-21-2014)