§ 37.13  POWERS AND DUTIES OF DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES.
   (A)   The Director is hereby identified empowered to:
      (1)   Request the City Council to proclaim the existence or threatened existence of a "local emergency" if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force or effect;
      (2)   Request the Governor to proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency;
      (3)   Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter;
      (4)   Direct cooperation between and coordination of services and staff of the emergency organization of the city; and resolve questions of authority and responsibility that may arise between them;
      (5)   Represent the city in all dealings with public or private agencies on matters pertaining to emergencies as defined herein; and
      (6)   In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the Governor or the Director of the State Office of Emergency Services, or the existence of a "state of war emergency", the Director is hereby empowered:
         (a)   To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
         (b)   To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;
         (c)   To require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county or the existence of a "state of war emergency", to command the aid of as many citizens of the community as he or she deems necessary in the execution of his or her duties; and such persons shall be entitled to all privileges, benefits and immunities as are provided by state law for registered disaster service workers;
         (d)   To requisition necessary personnel or material of any city department or agency; and
         (e)   To execute all of his or her ordinary power as City Manager, all of the special powers conferred upon him or her by this chapter, by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him or her by any statute, by any agreement approved by the City Council and by any other lawful authority.
   (B)   The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the City Council.
   (C)   The Assistant Director shall, under the supervision of the Director and with the assistance of Emergency Service Chiefs, develop emergency plans and manage the emergency programs of the city; and shall have such other powers and duties as may be assigned by the Director.
(Ord. 2015-013, passed 8-11-15)