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All departments of the City are under the overall control of the City Council. Heads of all departments are responsible to the City Council and subject to its supervision and direction, except as otherwise provided herein. All department heads and employees shall be appointed by the City Council. All appointments shall be for an indeterminate term and subject to any applicable laws. All wages and salaries shall be fixed and determined by the City Council.
All appointments (except department heads and except members of the Police and Fire Departments), supervision and control for in this section may be delegated to the City Administrator and exercised by this person, subject to City Council scrutiny, direction and review on appeal as provided for herein. Such delegation of authority may be revoked or revised by the City Council at any time and with or without cause.
All department heads and employees while engaged in inspections within the scope of their employment shall display credentials supplied by the City.
A. Building Department: A Building Department is hereby established. The Building Department shall be under the supervision of the building official (administrative authority) designated or appointed by the City Council to carry out the duties and responsibilities delegated to the building official in chapter 5, "Construction Licensing, Permits And Regulations", of this Code, and to enforce the provisions of the Minnesota State Building Code (SBC) and for such purpose shall have the powers of a police officer. The City Council may appoint such other officers, inspectors and assistants and such other employees as may be necessary, from time to time. Certain of such employees may be designated deputy building officials for the purpose of carrying out the functions of the Building Department and with the same powers and authority as the building official.
The building official shall submit monthly reports to the City Council covering the work of the department. This person shall also include a summary of any recommendations and desirable amendments to chapter 5 of this Code, permits and regulations. The building official shall keep accurate account of names and addresses together with the location of the building or premises which the department worked with.
B. Emergency Management:
1. Because of the existing possibility of the occurrence of disasters of unprecedented size and destruction resulting from fire, flood, tornado, blizzard, destructive winds or other natural causes, or from sabotage, hostile action, or from hazardous material mishaps of catastrophic measure; and in order to ensure that preparations of this City will be adequate to deal with those disasters, and generally, to provide for the common defense and to protect the public peace, health and safety, and to preserve the lives and property of the people of this City, it is hereby found and declared to be necessary:
a. To establish a local emergency management organization to perform emergency management functions. It is critical to have in place a command structure, with preestablished personnel and well defined responsibilities, as well as a common communications system.
b. To provide for the exercise of necessary powers during emergencies and disasters.
c. To provide for the rendering of mutual aid between the City and other political subdivisions of this State and other states with respect to carrying out of emergency preparedness functions.
d. To comply with the provisions of Minnesota Statute 12.25, as amended from time to time, to establish a local organization for emergency management and appoint, by the Mayor, a coordinator who is responsible for its organization, administration and operations, subject to the direction of the City Council.
2. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
DISASTER: A situation which creates an immediate and serious impairment to the health and safety of any person, or a situation which has resulted in or is likely to result in catastrophic loss to property, and for which traditional sources of relief and assistance within the affected area are unable to repair or prevent the injury or loss.
EMERGENCY: An unforeseen combination of circumstances which calls for immediate action.
EMERGENCY MANAGEMENT: The preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to prevent, minimize, and repair injury and damage resulting from disasters caused by fire, flood, tornado, and other acts of nature, or from sabotage, hostile action, or from industrial hazardous material mishaps. These functions include, without limitation, firefighting services, police services, emergency medical services, engineering, warning services, communications, radiological and chemical, evacuation, congregate care, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions related to civil protection, together with all other activities necessary or incidental for carrying out the foregoing functions. Emergency management includes those activities sometimes referred to as "civil defense" functions.
EMERGENCY MANAGEMENT COORDINATOR: The appointed official who is responsible for the organization, administration and operation, subject to the direction and control of the city council, of emergency management for the city of Little Falls.
EMERGENCY MANAGEMENT FORCES: The total personnel resources engaged in city level emergency management functions in accordance with the provisions of this subsection or any rule or order thereunder; which may include personnel from city departments, Morrison County personnel, authorized volunteers, and private organizations and agencies.
EMERGENCY MANAGEMENT PLAN: Pursuant to Minnesota statute 12.25, subdivisions 3 and 5, as amended from time to time, the city of Little Falls adopted the Morrison County emergency operations plan. This plan provides that each local and county organization for emergency management shall perform emergency management functions within the territorial limits of the political subdivision within which it is organized and, in addition, shall conduct these functions outside of its territorial limits as may be required by and pursuant to Minnesota statutes 12.23, 12.27 and 12.32 or any other applicable law. The plan further determines the boundaries of the geographic areas of their respective emergency management responsibilities or providing for a common emergency management organization.
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS): The national incident management system (NIMS) was developed to help emergency responders from different jurisdictions and disciplines work together, in a cohesive and effective manner, when responding to large scale disasters that cross local jurisdictional lines. In addition, NIMS was designed to be both flexible and scalable, allowing it to be useful for local response as well.
3. The declaration of a local emergency by the mayor activates the city's emergency organization structure. Once declared, the city's emergency management coordinator will contact the Morrison County emergency management coordinator. If additional resources are needed, the Morrison County emergency management coordinator will contact the Minnesota department of public safety, homeland security and emergency management division, which will assign a person to coordinate the city's needs and available resources. Assistance from the federal emergency management agency may also become available if requested by the governor and/or homeland security and emergency management division.
4. Whenever necessary to meet a declared emergency or to prepare for an emergency for which adequate regulations have not been adopted by the governor or the city council, the city council may by resolution promulgate regulations, consistent with applicable federal or state law or regulation, respecting: the conduct of persons and the use of property during emergencies; the repair, maintenance and safeguarding of essential public services, emergency health, fire and safety regulations, drills or practice periods required for preliminary training, and all other matters which are required to protect public safety, health and welfare in declared emergencies.
5. Every resolution of emergency regulations shall be in writing; shall be dated; shall refer to the particular emergency to which it pertains, if so limited, and shall be filed in the office of the city administrator. A copy shall be kept posted and available for public inspection at the city administrator's office, shall be conspicuously posted at the front of city hall or other headquarters of the city or at other places in the affected area as the city council shall designate in the resolution. By resolution, the city council may modify or rescind a regulation.
6. The city council may rescind any regulation by resolution at any time. If not sooner rescinded, every regulation shall expire thirty (30) days after its effective date or at the end of the emergency to which it relates, whichever comes first. Any resolution, rule or regulation inconsistent with an emergency regulation promulgated by the city council shall be suspended during the period of time and to the extent conflict exists.
7. During a declared emergency, the city is, under the provisions of Minnesota statute 12.37, as it may be amended from time to time and notwithstanding any statutory or charter provision to the contrary, empowered, through its city council, acting within or without the corporate city limits, to enter into contracts and incur obligations necessary to combat the disaster by protecting the health and safety of persons and property and providing emergency assistance to the victims of a disaster. The city may exercise these powers in the light of the exigencies of the disaster without compliance with the time consuming procedures and formalities prescribed by law pertaining to the performance of public work, entering rental equipment agreements, purchase of supplies and materials, limitations upon tax levies, and the appropriation and expenditure of public funds, including, but not limited to, publication of resolutions, publication of calls for bids, provisions of personnel laws and rules, provisions relating to low bids and requirement for bids.
8. All functions and activities relating to emergency management as described in this subsection and as established by Minnesota statutes are hereby declared to be governmental functions for the protection of the public peace, health and safety and neither the city nor agents and representatives, if in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of this subsection, shall be liable for any damage sustained to person or property as the result of said activity.
9. The city shall provide NIMS training for emergency personnel (i.e., police and fire) and any other personnel and elected officials as required.
10. The city will follow the NIMS template for organizational and command structure.
11. The city will use a NIMS compliant communications and information management system, which is a common operational platform that uses plain language for emergency operations.
12. Emergency management shall not participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes.
C. Fire Department: A fire department is hereby established, the head of this department shall be known as the fire chief, who shall be appointed by the city council. The size and composition, including, but not limited to, a determination as to permanent and volunteer/paid on call members, shall be established by the city council, which may be changed from time to time by a subsequent decision. The fire chief, and all members of the fire department, including volunteers/paid on call, shall have the powers and authority of firefighters generally, and shall perform such duties as are legally required by the city council or by law. It is the duty of the chief of the fire department to provide to the city administrator monthly reports as to all fires occurring during the previous month stating the estimated damages; such reports shall also state the other activities of the department. The chief of the fire department shall also make and file such other reports as may be requested by the city council.
D. Police Department: A police department is hereby established, the head of this department shall be known as the chief of police, and the number of additional members and employees of the police department shall be determined by the city council which may be changed from time to time by subsequent decision. The chief of police and all members of the police department, including special police, shall have the powers and authority of police officers generally and shall perform such duties as are legally required of them by the city council or by law. The chief of police shall supervise and direct the activities of the police department and shall have custody of all property used and maintained for the purposes of said department. It is the duty of the chief of police to provide to the city administrator monthly reports as to all arrests made by and other activities of the department during the previous month. The chief of police shall also make and file such other reports as may be required by the mayor and city council.
E. Public Works Department: A public works department is hereby established, the head of this department shall be known as the public works director/engineer, and the number of additional employees shall be determined by the city council. The public works director/engineer shall supervise and direct the maintenance of the streets, parks, grounds and maintenance, water and wastewater plants, and such other departments or duties as may be established or assigned by the city council. The public works director/engineer shall also coordinate the activities of the building department. (Ord. 77, 6th Series, eff. 10-19-2015)