(A) 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 chapter. The Director of Emergency Management shall be responsible for its organization, administration and operation.
(B) The Department shall consist of the following:
(1) An executive head of the Department of Emergency Management, who shall be known as the Director of Emergency Management, appointed in accordance with § 39.17;
(2) 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.
(3) Emergency management volunteers, as deemed necessary and appointed by the Director. In addition to the other requirements in this section, the Director shall ensure that all volunteer personnel meet the following qualifications before being placed on the roster as a member of the Department:
(a) Be at least 18 years of age or older;
(b) Not be convicted of a felony; and
(c) Have completed and have on file with the Department an application form.
(4) 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;
(5) 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
(6) Such assistants, clerical help, and other employees as deemed necessary and appointed by the Director in accordance with the Comprehensive Emergency Management Plan.
(C) Pursuant to I.C. 10-4-l-20(a), no person shall be employed or associated in any capacity in any emergency management organization established under this chapter who:
(1) 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
(2) Has been convicted of or is under indictment or information charging any subversive act against the United States.
(D) Pursuant to I.C. 10-4-1-20(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.
(1) 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."
(2) For the purposes of this section, the Executive Director of IDHS and the Director shall be authorized to administer the oath provided in division (D)(1) 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.
(E) Pursuant to I.C. 10-4-1-9, the Department and its employees are prohibited from participating in political activity as follows:
(1) The Department shall not participate in any form of political activity nor shall it be employed for political purposes.
(2) Political considerations shall not be a consideration for appointment to the Department nor a cause for dismissal except as provided in division (C) and (D) of this section.
(3) Full-time employees of the Department shall not participate in political activities.
(F) It is the intent of this division that emergency management and disaster assignments under the Plan shall be as consistent with normal duty assignments as possible.
(G) 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 chapter, 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.
(Ord. 2013-02A, passed 5-15-13)