(A) It shall be the duty of the Director to make recommendations and advise the Board of Commissioners or the principal executive officer on any actions which it would be necessary or desirable to take under § 35.45 of this chapter in the event of an emergency.
(B) In the event that an emergency clearly exists or is imminent within the county, and a state of emergency has not been declared by the Governor nor is any person having the powers of the principal executive officer of the county present to declare such an emergency pursuant to § 35.42 of this chapter, the Director may temporarily presume the existence of a state of emergency even though not officially declared and may, as his or her own judgment dictates, invoke, implement, and carry out such provisions of the county’s adopted comprehensive emergency management plan as are necessary to cope with the emergency and protect the public safety and welfare, and shall be construed to have all powers necessary and dispensable to doing so to the extent not specifically limited by statute or specifically limited herein, until such time as the principal executive officer becomes available. This section also applies to the Deputy Director to the extent that the Deputy Director is required to assume the duties of the Director, as provided by § 35.24 of this chapter, in the latter’s absence or incapacitation during the emergency. Assistance from the Department of Emergency Management may be rendered without a declaration of an emergency in order to assist local emergency services in time of need.
(Ord. 2014-5, passed 4-21-2014)