A. Creation. There is created the Winnetka Emergency Management Services and Disaster Agency (EMSDA) to develop, plan, analyze, conduct, provide, implement and maintain programs for disaster mitigation, preparedness, response and recovery, and to coordinate such emergency management program within the Village and with private organizations, other political subdivisions, and the state and federal governments (20 ILCS 3305/1, et seq.). The EMSDA shall consist of the Coordinator and such additional members as may be selected by the Coordinator.
B. Coordinator. The Coordinator shall have direct responsibility for the organization, administration, training, and operation of the EMSDA, subject to the direction and control of the Village President as provided by state statute. The Coordinator shall be appointed by the Village President and approved by the Trustees and shall serve until removed by the Council. In the event of the Coordinator's absence, resignation, death or inability to serve, the Village President, or any person designated by the Village President, shall be and act as Coordinator until a new appointment is made as provided in this section.
C. Powers and Duties. The EMSDA shall have the following powers and duties:
1. To prepare and submit to the Illinois Emergency Management Agency, for its review and approval, an emergency operations plan for the Village, in compliance with the planning standards developed by the Illinois Emergency Management Agency;
2. To perform such other functions within the Village as shall be prescribed in and by the state EMSDA plan and program prepared by the Governor;
3. To perform in accordance with such orders, rules and regulations as may be promulgated by the Governor; and
4. To perform such duties outside the corporate limits as may be required pursuant to any mutual aid agreement with any other political subdivision entered into as provided in the State of Illinois Emergency Management Agency Act.
D. Service as Mobile Support Team. All or any members of the EMSDA organization may be designated as members of a mobile support team created by the State Director of EMSDA as provided by state statutes. The leader of the mobile support team shall be designated by the Coordinator of EMSDA. While serving on call to duty by the Governor or by the State Director of EMSDA, the members of a mobile support team shall have such powers and duties as may be provided by state statutes.
E. Compensation of Mobile Support Team. Any member of a mobile support team who is a Village employee or officer while serving on call to duty by the Governor or by the State Director, shall receive such compensation and have such rights and immunities incident to such employment or office as may be provided by state statute. Any such member of a mobile support team who is not a paid officer or employee of the Village, while so serving, shall received from the state reasonable compensation and such other rights and immunities as may be provided by state statutes.
F. Agreements With Other Political Subdivisions. The Coordinator of EMSDA may develop or cause to be developed mutual aid agreements with other political subdivisions of the state, but no such agreement shall be effective unless and until it has been approved by the Council and by each of the other political subdivisions that are parties to the agreement.
G. Emergency Action. If the Governor proclaims that a disaster emergency exists, it shall be the duty of the EMSDA to cooperate fully with the State EMSDA and with the Governor in the exercise of emergency powers as provided by law.
H. Compensation. Members of the EMSDA who are paid employees or officers of the Village, if called for training by the State Director of EMSDA, shall receive for the time spent in such training the same rate of pay as is attached to the position held; members who are not such Village employees or officers shall receive for such training time such compensation as may be established by the Village Council.
I. Reimbursement by State. The Village Treasurer may receive and allocate to the appropriate fund: (1) any reimbursement by the state to the Village for expenses incident to training members of the EMSDA as prescribed by the State Director of EMSDA; (2) compensation for services and expenses of members of a mobile support team while serving outside the Village in response to a call by the Governor or State Director of EMSDA, as provided by state statutes; and (3) any other reimbursement made by the state incident to EMSDA activities as provided by law.
J. Civil Emergency Declarations.
1. Definitions. In this subsection 3.32.010.J, the definitions set forth in the Illinois Emergency Management Agency Act, as amended [20 ILCS 3305/1 et seq.], shall be applicable unless the context clearly indicates otherwise.
"Civil Emergency" shall mean a "Disaster" as defined in the Illinois Emergency Management Agency Act, as amended. Specifically, and without limitation of the foregoing, a "civil emergency" includes the appearance of a novel or previously controlled or eradicated infectious agent or biological toxin.
2. Declaration of Civil Emergency. Pursuant to the authority granted by State law including, without limitation, Section 11-1-6 of the Illinois Municipal Code, and the Village's home rule authority, whenever the Village President determines that a civil emergency exists in the Village, the Village President shall have the extraordinary power and authority to exercise by executive order all such powers of the corporate authorities and other officers of the Village as may be reasonably necessary or appropriate to eliminate or minimize the dangers arising from such civil emergency and for the protection of the health, safety and general welfare of the public; provided, however, that prior to exercising any such extraordinary power and authority, the Village President shall have executed under oath a written declaration of civil emergency containing the following:
a. An express declaration that a civil emergency exists; and
b. A statement of facts known to the Village President, either directly or upon information and belief, which describes the nature of the civil emergency and substantiates the finding that a civil emergency exists.
Unless expressly stated otherwise, a declaration issued pursuant to this Subsection 3.32.010.J shall be considered a local disaster declaration made pursuant to Section 11 of the Emergency Management Agency Act.
3. Orders of the Village President. The Village President may, upon the issuance of a declaration of civil emergency in accordance with Subsection 3.32.010.J.2, as deemed necessary by the Village President in the interest of the public safety and welfare, issue orders to implement any or all of the following:
a. The imposition of a curfew applicable to such geographical areas of the Village or to the Village as a whole, as deemed advisable by the Village President, and applicable during such hours of the day or night;
b. The discontinuance of selling, distributing, or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
c. The closure of any business establishment anywhere within the Village for the period of civil emergency, including, without limitation, businesses selling intoxicating liquors, gasoline, or firearms;
d. The closure any public street, thoroughfare or vehicle parking areas to vehicular and/or pedestrian traffic;
e. The calling upon regular and auxiliary law enforcement agencies and organizations without or within the Village to assist in preserving and keeping the peace within the Village;
f. The authorization of the Village President, the Village Manager, or the coordinator of the Winnetka Emergency Management Services and Disaster Agency to enter into contracts for the procurement of supplies and services necessary to address the civil emergency that would normally require the approval of the full Village Board;
g. The incurrence of obligations, the appropriation of funds, and the provision of emergency assistance reasonably necessary to respond to or mitigate the civil emergency;
h. The prohibition of increases in the prices of goods and services sold within the Village; and
i. Any other actions reasonably necessary to address the civil emergency and protect life and property.
3. Notice. A declaration of civil emergency shall be: (i) filed with the Village Clerk as soon as practicable; (ii) promptly disseminated to the news media; and (iii) promptly posted at Village Hall, the post office, and on the Village's social media pages and website.
4. Term; Extension; Termination.
a. Term: A declaration of civil emergency shall expire and automatically terminate, if not extended pursuant to subsection B of this section, not later than: (i) the adjournment of the first regular or special meeting of the Village Board; or (ii) seven days after the declaration is issued, whichever occurs first.
b. Extension: The Village Board may by motion extend the initial duration of a declaration of civil emergency and any orders issued by the Village President in connection therewith. The extension shall be for the duration necessary and in the best interest of the Village and the public to address the continuing civil emergency as determined by the Village Board.
c. Termination by the Village President: A declaration of civil emergency may be otherwise terminated at any time in writing and executed by the Village President.
K. Oath. The Coordinator and every person appointed to serve in any capacity in the EMSDA organization, before entering upon the duties of the EMSDA, shall subscribe to the following oath which shall be filed with the Coordinator:
I , , do solemnly swear (or affirm) that I will support and defend and bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Illinois, and the territory, institutions, and facilities thereof, both public and private, against all enemies, foreign and domestic; 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, nor have I been 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 affiliated with the Winnetka EMSDA organization, 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.
L. Office. The Village President is authorized to designate space in a Village building, or elsewhere, as the Village EMSDA office.
M. Appropriation, Levy of Taxes. The Council may make an appropriation for EMSDA purposes in the manner provided by state statutes, and may annually levy for emergency services and disaster operations as defined in the Illinois Emergency Management Agency Act, a tax not to exceed five cents ($0.05) per one hundred dollars ($100.00) of the equalized assessed value of all taxable property in the Village for the current year; however, the amount collectible under such levy shall in no event exceed twenty-five cents ($0.25) per capita. The annual tax shall be in addition to the amount authorized to be levied for general corporate purposes.
(MC-2-2020, Amended, 03/17/2020; Ord. MC-228-99 § 1 (part), 1999: prior code § 3.13)