(A) Establishment and purpose. 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 organizations, administration and operation.
(B) Staffing. The Department shall consist of the following:
(1) The Director of Emergency Management.
(2) A Deputy Director appointed by the Director with 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.
(3) Emergency management volunteers, as deemed necessary and appointed by the Director. In addition to the other requirements in this section, the Director shall ensure that all volunteer personnel meet the following qualifications before being 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; and
(c) Have a completed application form on file with the Department.
(4) 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.
(5) Staff officers with responsibility for Commissioners 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.
(6) Such assistants, clerical help, and other employees as deemed necessary and appointed by the Director in accordance with the comprehensive emergency management plan.
(C) Grounds for disqualification. 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 act against the United States.
(D) Loyalty oath. 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 Indiana.
(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 (of affirm) that I do not advocate, nor am I 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 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 Indiana Department of Homeland Security and the County Emergency Management Director may administer this loyalty oath, and may delegate the authority to administer it to designated deputies and assistants approved by the Executive Director of the Indiana Department of Homeland Security.
(E) Prohibited activities. 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) Authority of the County Council.
(1) The 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 offices, deputies, and employees of county departments, classify positions, and adopt schedules of compensation pursuant to I.C. 36-2-5-3(a).
(2) Notwithstanding any other provision of 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 such position, without authorization and sufficient funding from the County Council.
(G) Duties. Subject to the direction and control of the Director, the Department 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 the 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.
(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).
(5) Develop a program to test and exercise the emergency plan.
(H) Budget and finance.
(1) The Advisory Council shall advise the Director in the preparation of the budget.
(2) The County Council shall appropriate such funds as it may deem necessary for the purpose of emergency management.
(3) All funds appropriated or otherwise available to the Department of Emergency Management shall be administered by the Director.
(BC Ord. 1995-6, passed 2-22-95; Am. BC Ord. 2007-06, passed 6-20-07)