(A) Chief Executive Officer and the County Board of Commissioners: General administrative powers and duties; test of Emergency Operation Plan.
(1) In time of normal county operations, the powers and duties of the Chief Executive Officer of the County Board of Commissioners, pertaining to emergency management, shall be:
(a) Seeking the advice and input of the Director as to the advisability of declaring a local disaster emergency; and
(b) Declaring, pursuant to I.C. 10-14 et seq., a local disaster emergency.
(2) In times of normal county operations, the powers and duties of the County Board of Commissioners, pertaining to emergency management, shall be:
(a) Maintaining general supervision over the planning and administration of the Agency;
(b) Adoption of the Plan;
(c) Coordinate emergency management activities;
(d) Making assignment of county personnel to emergency management activities;
(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;
(f) Taking all necessary action in coordination with the County Sheriff’s Department and the Emergency Management Agency to conduct tests of the Plan; and
(g) Educate themselves as to their responsibilities under the Plan.
(3) Emergency management tests and exercises may be conducted at any time with, or without, prior notification to persons other than the Director.
(4) All emergency tests and/or exercises conducted within the boundaries of the county shall be coordinated with the County Sheriff’s Department and the Emergency Management Agency.
(B) Special emergency powers and duties of the Chief Executive Officer: Declaration of local disaster emergency.
(1) In the event of an actual, or threatened, enemy attack, or a disaster effecting the county, the Chief Executive Officer of the county may declare a local disaster emergency, pursuant to I.C. 10-14 et seq., for any period not to exceed seven days.
(2) The declaration shall:
(a) Indicate, in writing, the nature of the disaster;
(b) Indicate the conditions which have brought the disaster about;
(c) Indicate the area, or areas, threatened, or to which the state of emergency applies (which may include the entire county or only designated area(s) thereof); and
(d) Announce or disseminate to the general public by the best means available.
(3) The declaration shall be filed in the office of the:
(a) County Clerk;
(b) County Auditor; and
(c) The clerk of any incorporated municipality included in the declared disaster area.
(4) The declaration shall not be invalidated, nor ineffective, if any of the filing and dissemination requirements cannot be complied with due to the prevailing adverse circumstances.
(5) Upon declaration, the county’s Comprehensive Emergency Management and Disaster Control Plan, which has been adopted pursuant to § 33.12, or such several component parts thereof, as may be relevant to the emergency, shall be activated and implemented.
(6) Such a declaration shall not be necessary if the Governor, pursuant to I.C. 10-14 et seq., has already proclaimed a state-wide, or area wide, state of emergency, including the county.
(C) Special emergency powers and duties of the Chief Executive Officer: Convening the emergency meeting of the County Board of Commissioners; special meeting procedures.
(1) As soon as possible after a disaster emergency effecting the county is declared either by the Governor or by the Chief Executive Officer of the county, the Chief Executive Officer of the county shall convene a meeting of the County Board of Commissioners to perform its legislative and administrative functions, as the situation may demand.
(2) If the Chief Executive Officer fails, or is unable, to convene the meeting as mandated above, the meeting shall be convened by any other member of the County Board of Commissioners, pursuant to § 33.04, under “Chief Executive Officer”.
(3) Any such meeting of the County Board of Commissioners shall:
(a) Be deemed an emergency meeting;
(b) Be subject only to such procedural provisions of law as govern emergency meetings of the County Board of Commissioners;
(c) Include relaxation of any applicable notice requirements, pursuant to I.C. 5-14-1.5-5(d);
(d) Be held in any convenient and available location;
(e) Continue without adjournment for the duration of the emergency; and
(f) May be recessed for reasonable periods of time as necessary and permitted by circumstances.
(D) Special emergency powers and duties of the Chief Executive Officer: Plenipotentiary powers in absence of a County Board of Commissioners quorum.
(1) In the event that a quorum of the County Board of Commissioners cannot be assembled for purposes of the meeting required under division (C) above, the Chief Executive Officer of the county shall:
(a) Be considered a plenipotentiary representative of the County Board of Commissioners; and
(b) Have all powers, and take all actions, of the full County Board of Commissioners.
(2) When a quorum is assembled, such plenipotentiary powers shall cease.
(E) Special emergency powers and duties of the County Board of Commissioners.
(1) At the meeting convened under division (C) above, the County Board of Commissioners may exercise any of its normal executive and legislative powers to the extent related to the emergency and necessary to deal wherewith.
(2) In addition to the powers enumerated in division (E)(1) above, the County Board of Commissioners may also exercise any of the following special and extraordinary powers.
(a) The County Board of Commissioners may extend the period of a state of emergency declared by the Chief Executive Officer, pursuant to division (B) above, to last more than seven days if necessary.
(b) The County Board of Commissioners may terminate the state of emergency, except for a state of emergency declared by the Governor.
(c) The County Board of Commissioners may assemble and utilize emergency management forces, including:
1. Personnel of the Emergency Management Department;
2. Participating emergency services; and/or
3. Any other forces at the disposal of the County Board of Commissioners hereunder for emergency management purposes.
(d) The County Board of Commissioners may order volunteer forces which have been activated pursuant to the Plan to the aid of the county, state, or political subdivisions thereof as soon as practicable. These volunteer forces shall be under the direction of the State Emergency Management Agency.
(e) In order to control a disaster emergency and provide for public health, safety, and welfare the County Board of Commissioners may, to the extent permitted by I.C. 10-14 et seq. and subject to its provisions, command services and/or requisition the use of:
1. Equipment;
2. Facilities;
3. Supplies; and/or
4. Other property.
(f) The County Board of Commissioners may order the evacuation of all, or part, of the population from stricken areas of the county, and prescribe:
1. Routes and modes of transportation; and/or
2. Evacuation destinations.
(g) The County Board of Commissioners may make provisions for availability and use of temporary emergency housing. This housing need not necessarily comply with minimum housing standards, or building and zoning codes which would govern the use and location of premises for housing purposes during normal times.
(h) The County Board of Commissioners may suspend, for the duration of the state of emergency (or for a lesser period as it determines), any provisions of, or procedures prescribed by, ordinances of the county if it:
1. Would be impractical during the emergency;
2. Would interfere with the implementation and carrying out of emergency plans; or
3. Would be hostile or harmful to actions necessary to protect the public safety and welfare.
(i) Except in accordance with division (E)(2)(m) below, the County Board of Commissioners shall not suspend any provisions of ordinances or procedures which are mandated by statute.
(j) In the event of an enemy attack, or when the state of emergency has been proclaimed by the Governor, the County Board of Commissioners, in accordance with I.C. 10-14 et seq., may waive any procedures or requirements of statute, or of county ordinances reflecting statutory requirements and mandates, and pertaining to:
1. The appropriation and expenditure of public funds;
2. The incurring obligations;
3. The performance of public works;
4. The entering into of contracts; and
5. The employment of workers whose employment may either be permanent, temporary, or voluntary.
(k) The County Board of Commissioners may assign any special emergency duties and functions to county offices, departments, and agencies.
(l) Any unexpended and unencumbered monies budgeted and appropriated for the operation of such offices, departments, and agencies, but not otherwise dedicated by law to different purposes, may, within the scope of each major budget and appropriation category (major object classification), be utilized and expended for the purpose of carrying out such special emergency duties and functions.
(m) The County Board of Commissioners may make, and officially publish, such emergency regulations as may be deemed necessary to protect lives and property, preserve order, conserve critical resources, or implement and carry out the provisions of the county’s or state’s Plans.
1. Such regulations shall not be effective until published, through either:
a. Written filing in the offices of the County Clerk and Auditor, as required by I.C. 10-14 et seq.; or
b. If filing is impossible, through conspicuous posting at two public locations within the county.
2. Such regulation shall have the full force of law and shall be enforceable by any police officer, in accordance with I.C. 10-14 et seq.
(n) The County Board of Commissioners may, in accordance with the Plan, request the state or the United States, or their agencies and political subdivisions, to send aid (including financial assistance) if the situation is beyond the control of the regular and emergency county forces and resources.
(3) All actions and regulation under this section shall be:
(a) Adopted by ordinance or resolution; and
(b) Consistent with, and subordinate to, any action, orders, or regulations made by the Governor or a state agency implementing the State Emergency Operations Plans.
(Ord. 2002-1, passed 1-7-2002)