§ 35.34 COUNTY BOARD OF COMMISSIONERS: SPECIAL EMERGENCY POWERS AND DUTIES.
   (A)   At the meeting convened under § 35.32, 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 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)   Extending the period of a local disaster emergency declared by the principal executive officer of the county, pursuant to § 35.31, to last more than seven days if necessary.
      (2)   Terminating the local disaster emergency.
      (3)   Assembling and utilizing emergency management resources, including:
         (a)   Personnel of the Department of Emergency Management;
         (b)   Participating emergency services; and
         (c)   Any other resources at the disposal of the Commissioners hereunder for emergency management purposes.
      (4)   Ordering volunteer forces that have been activated pursuant to the comprehensive emergency management 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 Department of Emergency Management.
      (5)   In order to control the local disaster emergency and provide for public health, safety and welfare, to the extent permitted by I.C. 10-14-3-31 and subject to its provisions, commanding services and/or requisitioning the use of:
         (a)   Equipment;
         (b)   Facilities;
         (c)   Supplies; or
         (d)   Other property.
      (6)   Ordering the evacuation of all or part of the population from stricken areas of the county, and prescribing:
         (a)    Routes;
         (b)   Modes and transportation; and
         (c)   Evacuation destinations.
      (7)   Making provision for the 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.
   (C)   Except in accordance with division (D) below, the County Board of Commissioners shall not suspend any provisions of ordinances or procedures that are mandated by statute.
   (D)   In the event of a disaster emergency that has been declared by the Governor, the County Board of 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, pertaining to the:
      (1)   Performance of public works;
      (2)   Entering into contract;
      (3)   Incurring of obligations;
      (4)   Employment of permanent and temporary workers;
      (5)   Utilization of volunteer works;
      (6)   Rental of equipment;
      (7)   Purchase and distribution of supplies, materials and facilities; and
      (8)   Appropriation and expenditure of public funds.
   (E)    The County Board of Commissioners may assign any special emergency duties and functions to county:
      (1)   Offices;
      (2)   Departments; and
      (3)   Agencies.
   (F)   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.
   (G)   Pursuant to I.C. 10-14-3-22, the County Board of Commissioners may make, amend and rescind such orders, rules and regulations as may be necessary for emergency management purposes, and to supplement the carrying out of the provisions of this chapter. Such orders, rules and regulations:
      (1)   Cannot be inconsistent with any orders, rules or regulations promulgated by the Governor or by any state agency exercising a power delegated to it by the Governor;
      (2)   Cannot be inconsistent with the county's emergency management program or Emergency Plan;
      (3)   Shall have full force or effect of law when filed in the office of the County Clerk;
      (4)   Are enforceable by any local or state law enforcing authority in accordance with I.C. 10-14-3-24.
   (H)   In accordance with the emergency plan, the County Board of Commissioners may request the State of Indiana 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 county’s regular and emergency forces and resources.
   (I)   All actions taken by the County Board of Commissioners under this section shall be:
      (1)   Adopted by ordinance or resolution pursuant to I.C. 10-14-3-22;
      (2)   Consistent with, subordinate to, any actions, orders or regulations made by the Governor or a state agency implementing the state comprehensive emergency management plan.
(BC Ord. 1995-6, passed 2-22-95; Am. BC Ord. 2007-06, passed 6-20-07)