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DEPARTMENT OF EMERGENCY MANAGEMENT
§ 33.20 COUNTY’S EMERGENCY MANAGEMENT ADVISORY COUNCIL.
   (A)   The county’s Emergency Management Advisory Council is established by I.C. 10-14-3-17(c) and under this statute consists of the following individuals or their designee:
      (1)   The President of the Board of County Commissioners;
      (2)   The President of County Council;
      (3)   Each Mayor from each municipality in the county;
      (4)   One individual representing each of the legislative bodies of the towns in the county;
      (5)   The County Sheriff or designee of a rank no lower than Sergeant;
      (6)   The Director of the 911 Communications Board; and
      (7)   The Board of County Commissioners may also appoint for two-year terms a maximum of three persons who represent private and public agencies or organizations which can be of assistance to emergency management as the organizing group considers appropriate, or as may be added later by the county’s Emergency Management Advisory Council.
   (B)   The powers and duties of the county’s Emergency Management Advisory Council are established by I.C. 10-14-3-17(d) and under this statute consist of the following:
      (1)   The Advisory Council shall elect a Chairperson, Vice Chairperson and Secretary from its membership. The elected officers shall be elected at the first regular meeting of the Advisory Council in a calendar year and shall serve in such capacity until members of the Advisory Council have been elected to replace them. A vacancy in any elected office shall be filled by vote of the Advisory Council at any regular or special meeting. Their term of office shall end at the end of the meeting where their successors have been elected.
      (2)   The Advisory Council shall meet at least once biannually; the frequency, time and place being determined by Council. Meetings shall comply with the state’s Open Door Law (I.C. 5-14-1.5 et seq.).
      (3)   The Advisory Council shall exercise general supervision and control over the county’s emergency management and disaster program.
      (4)   The Advisory Council shall select, or cause to be selected, with the approval of the Board of County Commissioners, a county’s Emergency Management Director. Qualifications for the Director will be determined by the Advisory Council with input from the Board of County Commissioners and the Director of the Emergency Response and Recovery Division of the IDHS.
      (5)   The statute establishing the powers and duties of the Advisory Council does not describe the procedure to be used to terminate a county’s Emergency Management Director. However, the statute does require the Advisory Council to select the Director and obtain approval from the Board of County Commissioners for this selection before a Director can be appointed. Therefore, the Advisory Council may make a determination to terminate a Director, but this determination is subject to the approval of the Board of County Commissioners before the termination is final. Accordingly, the Director shall serve at the pleasure of the Advisory Council as well as the County Commissioners, and his or her employment shall be at-will.
(Ord. 2017-3, passed 6-20-2017)
§ 33.21 DIRECTOR OF EMERGENCY MANAGEMENT.
   (A)   The Director, subject to the direction and control of the Advisory Council, shall be the executive head of the Department and, pursuant to I.C. 10-14-3-17(d)(2)(A), has direct responsibility for the organization, administration and operation of the Department, including the specific powers and duties enumerated in division (B) below.
   (B)   The Director of Emergency Management shall have the following specific powers and duties:
      (1)   The Director, pursuant to I.C. 10-14-3-17(d)(2)(B), is responsible to the Chairperson of the Advisory Council and, as such, shall keep the Chairperson fully informed on emergency management activities and shall provide reports to the Advisory Council if so directed by the Chairperson of the Advisory Council.
      (2)   The Director shall keep the Board of County Commissioners fully informed on emergency management activities.
      (3)   The Director shall submit to the Advisory Council and the Board of County Commissioners a yearly report on the county’s comprehensive emergency management, including mitigation, prevention, preparedness, response and recovery taken in the previous year and planned and recommended for the year to come.
      (4)   The Director shall ensure that all the duties and responsibilities of the Department of Emergency Management are completed.
      (5)   The Director shall ensure that all county employees and rostered volunteers with responsibilities as part of the Comprehensive Emergency Management Plan receive training in the functions that they are to perform under the plan.
      (6)   The Director shall design and conduct exercises of the Comprehensive Emergency Management Plan as required by the IDHS.
      (7)   The Director shall ensure that the Comprehensive Emergency Management Plan addresses all hazards and includes all cities, towns and other population centers within the county.
      (8)   The Director shall submit to the IDHS the assessment specified in IDHS’s required format and within IDHS’s required time frame for submission.
      (9)   The Director shall provide to the IDHS Executive Director annual reports and documentation as mandated.
      (10)   The Director shall completely manage the Department’s various functions including, among others, financial, personnel and logistic.
      (11)   The Director shall timely obey to the directives of superior state authorities.
      (12)   The Director shall ensure that the activities of the Department at all times comport with I.C. 10-14-3 and other applicable statutes, rules and county ordinances.
      (13)   The Director shall develop an Emergency Operating Center (“EOC”) as a site from which key officials can direct and control operations during a disaster or emergency.
      (14)   The Director shall attain certification as a Basic Professional Emergency Manager from the IDHS within two years of first assuming the position of Director. After the Director attains this certification, the Director shall complete the continuing emergency management education required by the IDHS to maintain this certification.
      (15)   The Director shall ensure that the Deputy Director attains certification as a Basic Professional Emergency Manager from the IDHS within four years of first assuming the position of Deputy Director. After the Deputy Director attains this certification, the Director shall ensure that the Deputy Director completes the continuing emergency management education required by the IDHS to maintain this certification.
      (16)   The Director shall attend, and shall ensure that the Deputy Director and all paid emergency management staff attend, emergency management training courses as needed to stay up-to-date on the latest advances in emergency management.
      (17)   The Director shall assume responsibility for public relations, information and education regarding all phases of emergency management.
      (18)   The Director shall assure coordination within the county of all activities for emergency management.
      (19)   The Director shall maintain liaison and coordinate with all other affected agencies, public and private.
      (20)   The Director shall coordinate the recruitment and training of volunteer personnel and agencies to augment the personnel and facilities of the county for emergency management purposes.
      (21)   The Director shall seek, negotiate and enter into (with the approval or ratification of the County Commissioners and consistent with the state’s Emergency Operations Plan and program) mutual aid arrangements with other public and private agencies for emergency management purposes, and taking all steps in accordance with the arrangements to comply with or take advantage thereof in the event of an actual emergency affecting the parties.
      (22)   The Director shall accept any offer of the federal government to provide for the use of the county any services, equipment, supplies, materials or funds for emergency management purposes by way of gift, grant or loan, when the Governor has approved the officer.
      (23)   The Director shall seek and accept from any person, firm or corporation, any gratuitous offers to provide services, equipment, supplies, materials, funds or licenses or privileges to use real estate or other premises for emergency management purposes.
      (24)   The Director shall issue proper insignia and papers to emergency management workers and other people directly concerned with emergency management.
      (25)   The Director shall ensure that all volunteers meet the criteria set forth in this chapter prior to accepting them as members of the Department.
      (26)   The Director shall make rapid and accurate assessment of the following as soon as an emergency or disaster declaration has been made:
         (a)   Property damage;
         (b)   Personal injuries;
         (c)   Fatalities;
         (d)   Basic needs; and
         (e)   Special needs.
      (27)   The Director shall coordinate the activities of emergency management volunteers during emergency and non-emergency situations.
      (28)   The Director shall coordinate and develop the necessary agreements with the state, other state political subdivisions, political subdivisions in adjoining states and private businesses to ensure that the county will have access to the resources and personnel that may be needed during an emergency or disaster.
      (30)   The Director shall write grant proposals and/or assist with the writing of grant proposals to promote emergency management, public safety and homeland security objectives.
      (31)   In addition to the powers and duties expressly provided above, the Director shall be construed to have all powers and duties of a local Emergency Management Director, as provided under I.C. 10-14-3. In particular, but not by limitation, the Director, through the Department, may perform or cause to be performed with respect to the county, any function parallel or analogous to those performed on a statewide basis by the IDHS under I.C. 10-14-3.
(Ord. 2017-3, passed 6-20-2017)
§ 33.22 DEPARTMENT OF EMERGENCY MANAGEMENT.
   (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 of Emergency Management shall consist of the following:
      (1)   The Director of Emergency Management;
      (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 the Director’s duties; and
      (3)   Emergency management volunteers, as deemed necessary and appointed by the Director. In addition to the other requirements in this chapter, 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;
         (c)   Have completed and have on file with the Department an A-11 application form;
         (d)   The employees, equipment and facilities of all county departments and agencies suitable for, or adaptable to emergency management and designated by the Emergency Plan to participate in emergency management activity;
         (e)   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
         (f)   The 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 10-14-3-27(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 acts against the United States.
   (D)   Pursuant to I.C. 10-14-3-27(b), each individual who is appointed to serve in an organization for emergency management shall, before entering upon the individual’s duties, take a loyalty oath, in writing, before a person authorized to administer oaths in the state.
      (1)   The loyalty 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 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 Ohio 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)   In accordance with I.C. 10-14-3-27(c), the Executive Director of the IDHS and the county’s Emergency Management Director may administer this loyalty oath and may delegate the authority to administer the loyalty oath to designated deputies and assistants approved by the Executive Director of the IDHS.
   (E)   Pursuant to I.C. 10-14-3-26, the Department shall not:
      (1)   Participate in any form of political activity; or
      (2)   Be employed directly or indirectly for political purposes.
   (F)   The Dearborn 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 number 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 in 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 the position without authorization and sufficient funding from the County Council.
   (G)   The Department, subject to the direction and control of the Director, shall prepare and implement the Comprehensive Emergency Management Plan, including the following specific duties:
      (1)   Prepare and distribute to all appropriate officials a clear and complete written statement of the emergency responsibilities of all local agencies and officials and the disaster chain of command in accordance with I.C. 10-14-3-17(i);
      (2)   Work closely with officers and employees of incorporated and unincorporated areas of the county to develop a hazard mitigation program to eliminate or reduce potential hazards;
      (3)   Write and implement the Comprehensive Emergency Management Plan, which shall conform to the guidelines contained in the most current state and federal guidance documents (the county cannot receive state and/or federal matching funds unless this is done), and the requirements established in this chapter. As part of the preparation of this Plan, the Department shall:
         (a)   Identify and analyze the effects of hazards that threaten the county;
         (b)   Inventory manpower and material resources from governmental and private sector sources that would be available in a disaster or emergency;
         (c)   Establish a system to alert key officials in event of a disaster or emergency;
         (d)   Identify resource deficiencies and work with appropriate officials on measures to correct them;
         (e)   Develop and maintain an emergency communications system, thus assuring proper functioning of emergency communications throughout the county, including all cities and towns;
         (f)   Take all actions necessary to ensure the continuity of government procedures and systems in the event of a disaster;
         (g)   Establish and maintain a shelter and reception and care system for both people and animals;
         (h)   Develop a training program for emergency response personnel ensuring that mitigation, training and exercising have been performed for all such personnel; and
         (i)   Coordinate with industry to develop and maintain industrial emergency plans and capabilities in support of the Comprehensive Emergency Management Plan.
      (4)   Update the Comprehensive Emergency Management Plan as needed to keep it current, as required by I.C. 10-14-3-17(h); and
      (5)   Develop a program to test and exercise the Emergency Plan.
(Ord. 2017-3, passed 6-20-2017)
§ 33.23 EMERGENCY MANAGEMENT BUDGET AND FINANCE.
   (A)   The Advisory Council shall advise the Director in the preparation of the budget.
   (B)   The County Council shall appropriate such funds, as it may deem necessary, for the purpose of emergency management.
   (C)   All funds appropriated or otherwise available to the Department of Emergency Management shall be administered by the Director.
(Ord. 2017-3, passed 6-20-2017)
§ 33.24 COMPREHENSIVE EMERGENCY MANAGEMENT PLAN.
   (A)   A Comprehensive Emergency Management Plan, referred to as the Interjurisdictional Disaster Emergency Plan by I.C. 10-14-3-17(h), shall be adopted by resolution of the Board of County Commissioners. In the preparation of this Plan, as it pertains to county organization, it is the intent that the services, equipment, facilities and personnel of all existing departments and agencies shall be utilized to the fullest extent possible.
   (B)   The Comprehensive Emergency Management Plan shall include, at minimum, the following:
      (1)   An administrative section which includes:
         (a)   Authorities and directives;
         (b)   Terms and definitions;
         (c)   Acronyms/abbreviations; and
         (d)   Financial management.
      (2)   A hazard specific section which includes:
         (a)   Unique hazards; and
         (b)   Special events.
      (3)   An operation section which includes:
         (a)   Coordination and control emergency support function;
         (b)   Communications and warning emergency support function;
         (c)   Public information emergency support function;
         (d)   Resource management emergency support function; and
         (e)   Information and planning emergency support function.
      (4)   An emergency services section which includes:
         (a)   Military emergency support function;
         (b)   Law enforcement emergency support function;
         (c)   Firefighting emergency support function;
         (d)   Transportation emergency support function;
         (e)   Health and medical emergency support function;
         (f)   Search and rescue emergency support function; and
         (g)   Public works/engineering emergency support function.
      (5)   A consequent effects section which includes:
         (a)   Evacuation emergency support function;
         (b)   Shelter/mass care emergency support function;
         (c)   Damage assessment emergency support function;
         (d)   Hazardous materials emergency support function;
         (e)   Radiological protection emergency support function; and
         (f)   Energy emergency support function.
   (C)   In addition, all emergency services within the county shall:
      (1)   Develop standard operating procedures, standard operating guides and checklists that are drafted subject to the requirements of the Comprehensive Emergency Management Plan;
      (2)   Coordinate standard operating procedures, standard operating guides and checklists with the Department of Emergency Management;
      (3)   Assure inclusion of the standard operating procedures, standard operating guides and checklists within the Comprehensive Emergency Management Plan;
      (4)   Perform the functions and duties assigned by the county’s Comprehensive Emergency Management Plan; and
      (5)   Maintain their portion of the Comprehensive Emergency Management Plan in a current state of readiness at all times.
   (D)   Tests of the Comprehensive Emergency Management Plan may be conducted by the Director at any time upon approval of the Advisory Council.
   (E)   All emergency tests conducted within the boundaries of the county shall be coordinated with the Department of Emergency Management, the County Sheriff’s Department and any other agencies deemed appropriate by the Board of County Commissioners.
(Ord. 2017-3, passed 6-20-2017)
§ 33.25 JURISDICTION AND POLITICAL SUBDIVISIONS.
   (A)   Except as provided herein, the jurisdiction of the county’s Department of Emergency Management shall be comprehensive and inclusive countywide and effective in both the incorporated and unincorporated areas of the county.
   (B)   The jurisdiction and applicability of the Comprehensive Emergency Management Plan, as adopted pursuant to § 33.24 of this code, and the exercise of any powers of the principal executive officer of the county and of the Board of County Commissioners under § 33.42 of this code, shall be comprehensive and inclusive countywide and effective in both the incorporated and unincorporated areas of the county.
   (C)   All political subdivisions in the county shall, if they develop a plan for their political subdivision:
      (1)   Ensure that the plan is consistent with the requirements of the Comprehensive Emergency Management Plan;
      (2)   Coordinate the development of the plan with the county’s Department of Emergency Management;
      (3)   Ensure the inclusion of the plan within the Comprehensive Emergency Management Plan;
      (4)   Perform the functions and duties assigned by the Comprehensive Emergency Management Plan; and
      (5)   Maintain their portion of the Comprehensive Emergency Management Plan in a current state of readiness at all times.
(Ord. 2017-3, passed 6-20-2017)
§ 33.26 BOARD OF COUNTY COMMISSIONERS.
   In time of normal county operations, powers and duties of the Board of County Commissioners pertaining to emergency management shall be:
   (A)   Maintaining general supervision over the planning and administration for the Department of Emergency Management;
   (B)   Adopting the Comprehensive Emergency Management Plan;
   (C)   Coordinating emergency management activities consistent with the Comprehensive Emergency Management Plan;
   (D)   Making assignments of county personnel to emergency management activities consistent with the Comprehensive Emergency Management Plan;
   (E)   Making assignments of county personnel to emergency management duties in order to meet situations not covered in the normal duties and powers of such agencies consistent with the Comprehensive Emergency Management Plan;
   (F)   Taking all necessary action in coordination with the Department of Emergency Management to conduct tests of the Comprehensive Emergency Management Plan; and
   (G)   Educating themselves as to their responsibilities under the Comprehensive Emergency Management Plan.
(Ord. 2017-3, passed 6-20-2017)
EMERGENCY MANAGEMENT PROGRAM
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