(A) At the meeting convened under § 34.43, the Commissioners may exercise any of their normal executive and legislative powers to the extent related to the emergency and necessary to deal therewith.
(B) In addition to the powers enumerated in division (A) above, the Board may also exercise any of the following special and extraordinary powers.
(1) The Commissioners may extend the period of a state of emergency declared by the Chief Executive Officer, pursuant to § 34.42, to last more than seven days if necessary.
(2) The Commissioners may terminate the state of emergency, except for a state of emergency declared by the Governor.
(3) The Commissioners may assemble and utilize emergency management forces, including:
(a) Personnel of the Department of Emergency Management;
(b) Participating emergency services; and
(c) Any other forces at the disposal of the Commissioners hereunder for emergency management purposes.
(4) (a) The 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.
(b) These volunteer forces shall be under the direction of the Department of Emergency Management.
(5) In order to control the local disaster emergency and provide for public health, safety, and welfare, the Commissioners may, to the extent permitted by I.C. 10-14-3-17(g), and subject to its provisions, command services, and/or requisition the use, of:
(a) Equipment;
(b) Facilities;
(c) Supplies; or
(d) Other property.
(6) The Commissioners may order the evacuation of all or part of the population from stricken areas of the county, and prescribe:
(a) Routes;
(b) Modes of transportation; and
(c) Evacuation destinations.
(7) The Commissioners may make provisions for availability and use of temporary emergency housing, which housing need not necessarily comply with any minimum housing standards, building, or zoning regulations, and the like, which would govern the use and location of premises for housing purposes during normal times.
(8) The Commissioners may suspend, for the duration of the state of emergency (or for a lesser period, as they determine), any provisions of, or procedures prescribed by, ordinances of the county if they:
(a) Would be impractical during the emergency;
(b) Would interfere with the implementation and carrying out of emergency plans; or
(c) Would be inimical to actions necessary to protect the public safety and welfare.
(9) Except in accordance with division (B)(13) below, the Commissioners shall not suspend any provisions of ordinances or procedures which are mandated by statute.
(10) In the event of enemy attack, or when the state of emergency has been proclaimed by the Governor, the Commissioners, in accordance with I.C. 10-14-3-17(j)(5), may waive any procedures or requirements of statute, or of county ordinances reflecting statutory requirements and mandates, and pertaining to:
(a) The appropriation and expenditure of public funds;
(b) The incurring of obligations;
(c) The performance of public works;
(d) The entering into contracts;
(e) The employment of workers whose employment may be either:
1. Permanent; or
2. Temporary.
(f) The utilization of volunteer workers;
(g) The rental of equipment; and
(h) The purchase and distribution of:
1. Supplies;
2. Materials; and
3. Facilities.
(11) The Commissioners may assign any special emergency duties and functions to county:
(a) Offices;
(b) Departments; and
(c) Agencies.
(12) Any unexpended and unencumbered monies budgeted and appropriated, 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.
(13) The Commissioners may make and promulgate such emergency regulations as may be deemed necessary to implement and carry out the provisions of the county’s or state’s plans.
(a) Such regulations shall not be effective until promulgated through either:
1. Written filing in the offices of the County Clerk and County Auditor, as required by I.C. 10-14-3-22(b)(2); or
2. If filing is impossible, through conspicuous posting at two public locations within the county.
(b) Such regulation shall have the full force of law, and shall be enforceable by any police officer in accordance with I.C. 10-14-3-24. The 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.
(C) All actions and regulations under this section shall be:
(1) Adopted by ordinance or resolution; and
(2) Be consistent with, and subordinate to, any actions, orders, or regulations made by the Governor or a state agency implementing the state emergency operations plan.
(Ord. 1996-15, passed 11-19-1996)