(A) The Director, subject to the direction and control of the Advisory Council, shall be executive head of the Department, and pursuant to I.C. 10-14-317(d)(2)(A) has direct responsibility for the organization, administration and operation of the Department, including the following specific powers and duties:
(1) The Director, pursuant to I.C. 10-14-3-17(d)(2)(B), is responsible to the chairperson of the Advisory Council, and as such shall keep the Chairperson fully informed on emergency management activities and shall provide such reports to the Advisory Council if so directed by the Chairperson of the Advisory Council;
(2) Keep the Board fully informed on emergency management activities;
(3) Submit to the Advisory Council and the County Commissioners a yearly report on the county’s comprehensive emergency management, including mitigation, preparedness, response and recovery taken in the previous year and planned and recommended for the year to come;
(4) Assure that all of the duties and responsibilities of the Emergency Management Agency are completed;
(5) Assure that all county employees and rostered volunteers with responsibilities as part of the Comprehensive Emergency Management Plan receive training in the functions that they are to perform under the plan;
(6) Design and conduct exercises of the Comprehensive Emergency Management Plan, as required by the IDHS;
(7) Assure that the Comprehensive Emergency Management Plan addresses all hazards and includes all cities, towns and other population centers within the county;
(8) Submit to IDHS the assessment specified in IDHS’s required format and within IDHS’s required time frame for submission;
(9) Provide to the IDHS Director annual reports and documentation as mandated;
(10) Competently manage the department’s various functions, including, among others, financial, personnel and logistic;
(11) Timely obey to the directives of superior state authorities;
(12) Assure that the activities of the Department at all times comport with I.C. 10-14-3 and other applicable statutes, rules and county ordinances;
(13) Develop an emergency operations center (“EOC”) as a site from which key officials can direct and control operations during a disaster or emergency;
(14) Attend, and attain passing grades in, the Emergency Management Professional Development Series for emergency management presented by the IDHS and Public Safety Training Institute within two years of first assuming the position of Director and, attain at least basic level certification under IDHS’s Professional Emergency Manager (PEM) Program;
(15) Attend, and attain passing grades in, such emergency management training as may be required by IDHS and maintain PEM certification in subsequent years;
(16) Assure the Deputy Director’s attendance at, and passing grades in, the Emergency
Management Professional Development Series for emergency management presented by the Public Safety Training Institute within four years of first assuming the position of Deputy Director and, attain at least Basic level certification under IDHS’s Professional Emergency Manager (PEM) Program;
(17) Assure the Deputy Director’s and all paid emergency management staffs attendance at, and passing grades in, such emergency management training as may be required by IDHS;
(18) Assure ongoing attendance by the Director, the Deputy Director and all paid emergency management staff at further emergency management courses presented by the Public Safety Training Institute to assure continued knowledge of the latest information on emergency management;
(19) Assume responsibility for public relations, information and education regarding all phases of emergency management;
(20) Assure coordination within the county of all activities for emergency management;
(21) Maintain liaison and/coordinate with all other affected agencies, public and private;
(22) Coordinate the recruitment and training for volunteer personnel and agencies to augment the personnel and facilities of the county for emergency management purposes;
(23) Seek, negotiate and enter into (with the approval or ratification of the County Commissioners and consistent with the State Emergency Operations Plan and Program) mutual aid arrangements with other public and private agencies for emergency management purposes, and taking all steps, in accordance with such arrangements to comply with or take advantage thereof in the event of an actual emergency affecting the parties;
(24) Accept any offer of the Federal Government to provide for the use of the county any services, equipment, supplies, materials or funds for
emergency management purposes by way of gift, grant or loan, when the Governor has approved such offer;
(25) Competently administer FEMA, IDHS, Homeland Security, mitigation and other grant programs that may be applied for or provided to the county for purposes of enhancing the county’s emergency management program including: preparation and submittal of grant applications, direction and completion of deliverable projects, accounting for grant funds, maintenance of appropriate and required records and documentation and preparation and submittal of requested audit or other required reports;
(26) Subject to all applicable statutes and the rules promulgated by the State Department of Local Government Finance, the Director may seek and accept from any person, firm or corporation, any gratuitous offers to provide services, equipment, supplies, materials, funds or licenses or privileges to use real estate or other premises, to the county for emergency management purposes;
(27) Issue proper insignia and papers, to emergency management workers and other people directly concerned with emergency management;
(28) Assure that all volunteers meet the criteria set forth in this chapter prior to accepting them as members of the Department;
(29) Assure the implementation and integration of the National Incident Management System (NIMS) and Incident Command System (ICS) as applicable to the Comprehensive Emergency Management Plan, Emergency Operations Center (EOC) operations, staff officers, primary coordinating agencies and department volunteer staff responsibilities and other department areas as appropriate;
(30) Attend, participate in and represent the Department and the county’s emergency management interests in state, regional or district meetings, regional and district emergency planning functions, regional or district grant programs and other appropriate state, regional or district emergency management functions;
(31) Direct the reasonable and necessary assistance of the Department in assisting other local emergency services, public offices or private organizations, with or without a local declaration of emergency. Respond to and assist emergency management organizations in neighboring counties and counties within the same planning district as the county or, at the request of IDHS, with or without a local declaration of emergency, when such assistance is requested and the county is not threatened or impacted by a disaster incident;
(32) Establish various working committees, work groups, task forces, planning groups or other committees, with the advice of the Advisory Council, as recommended or necessary for carrying out the duties and responsibilities of emergency management for the county;
(33) Make rapid and accurate assessment of the following as soon as an emergency or disaster declaration has been made and coordinate and direct this information for use by local emergency response services and IDHS:
(a) Property damage;
(b) Personal injuries;
(c) Fatalities;
(d) Basic needs; and
(e) Special needs.
(34) In addition to the powers and duties expressly provided above, the Director shall be construed to have all powers and duties of a local emergency management Director as provided under I.C. 10-14-3. In particular, but not by limitation, the Director, through the Department, may perform or cause to be performed with respect to the county, any function parallel or analogous to those performed on a statewide basis by IDHS under I.C. 10-14-3.
(B) (1) 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 organization, administration and operation.
(2) The Department shall consist of the following:
(a) The paid staff of the Department shall consist of the Director of Emergency Management and such deputies, clerical help and other personnel as deemed necessary and provided by the County Council. The Director may appoint such deputies, clerical help and other personnel in accordance with the Comprehensive Emergency Management Plan and as approved by the Advisory Council;
(b) 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 placed on the roster as a member of the Department:
1. Be at least 18 years of age or older;
2. Not be convicted of a felony; and
3. Have completed and have on file with the Department an application form.
(c) The employees, equipment and facilities of all county departments and agencies suitable for, or adaptable to, emergency management and designated by the Comprehensive Emergency Management Plan to participate in emergency management activity; and
(d) Emergency Operations Center staff (volunteers or re-assigned employees) as designated by the Comprehensive Emergency Management Plan to participate in emergency management activity.
(3) 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:
(a) 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
(b) Has been convicted of or is under indictment or information charging any subversive act against the United States.
(4) 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 the state.
(a) 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 (or 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.”
(b) In accordance with I.C. 10-14-3-27(c), the Director of the IDHS and the County Emergency Management Director may administer this loyalty oath and may delegate the authority to administer the loyalty oath to designated deputies and assistants approved by the Director of the IDHS.
(5) Pursuant to I.C. 10-14-3-26, the Department shall not:
(a) Participate in any form of political activity; or
(b) Be employed directly or indirectly for political purposes.
(6) 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 numbers of officers, deputies and employees of county departments, classify positions and adopt schedules of compensation pursuant to I.C. 36-2-5-3(a). 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.
(Ord. 2005-007, passed 8-17-2005)