Section
32.01
Policy and
purpose
32.02
Definitions
32.03
Establishment of
emergency management organization
32.04
Powers and duties
of Director
32.05
Local emergencies
32.06
Emergency
regulations
32.07
Emergency
management a government function
32.08
Participation in
labor disputes or politics
32.99
Penalty
§ 32.01 POLICY AND
PURPOSE.
Because of the existing possibility of
the occurrence of disasters of unprecedented size and destruction resulting
from fire, flood, tornado, blizzard, destructive winds or other natural causes,
or from sabotage, hostile action, or from hazardous material mishaps of
catastrophic measure; and in order to insure that preparations of this city
will be adequate to deal with those disasters, and generally, to provide for
the common defense and to protect the public peace, health, and safety, and to
preserve the lives and property of the people of this city, it is hereby found
and declared to be necessary:
(A) To establish a city emergency
management organization responsible for city planning and preparation for
emergency government operations in time of disasters.
(B) To provide for the exercise of
necessary powers during emergencies and disasters.
(C) To provide for the rendering of
mutual aid between this city and other political subdivisions of this state and
of other states with respect to the carrying out of emergency-preparedness
functions.
(D) To comply with the provisions of
M.S. § 12.25, as it may be amended from time to time, which requires that each
political subdivision of the state shall establish a local organization for
emergency management.
§ 32.02 DEFINITIONS.
For the purpose of this chapter, the
following definitions shall apply unless the context clearly indicates or requires
a different meaning.
DISASTER. A situation which
creates an immediate and serious impairment to the health and safety of any
person, or a situation which has resulted in or is likely to result in
catastrophic loss to property, and for which traditional sources of relief and
assistance within the affected area are unable to repair or prevent the injury
or loss.
EMERGENCY. An unforeseen
combination of circumstances which calls for immediate action to prevent from
developing or occurring.
EMERGENCY MANAGEMENT. The
preparation for and the carrying out of all emergency functions, other than
functions for which military forces are primarily responsible, to prevent,
minimize, and repair injury and damage resulting from disasters caused by fire,
flood, tornado, and other acts of nature, or from sabotage, hostile action, or
from industrial hazardous material mishaps.
These functions include, without limitation, fire-fighting services,
police services, emergency medical services, engineering, warning services,
communications, radiological, and chemical, evacuation, congregate care,
emergency transportation, existing or properly assigned functions of plant
protection, temporary restoration of public utility services and other
functions related to civil protection, together with all other activities
necessary or incidental for carrying out the foregoing functions. Emergency management includes those
activities sometimes referred to as “civil defense” functions.
EMERGENCY MANAGEMENT FORCES. The total personnel resources engaged in
city-level emergency management functions in accordance with the provisions of
this chapter or any rule or order thereunder.
This includes personnel from city departments, authorized volunteers,
and private organizations and agencies.
EMERGENCY MANAGEMENT
ORGANIZATION. The staff
responsible for coordinating city-level
planning and preparation for disaster response.
This organization provides city liaison and coordination with federal,
state, and local jurisdictions relative to disaster preparedness activities and
assures implementation of federal and state program requirements.
§ 32.03 ESTABLISHMENT OF
EMERGENCY MANAGEMENT ORGANIZATION.
There is hereby created within the city
government an emergency management organization which shall be under the
supervision and control of the City Emergency Management Director, called the
Director. The Director shall be
appointed by the Mayor with approval of the City Council for an indefinite term
and may be removed by him or her at any time.
The Director shall serve with a salary
as established by the City Council and shall be paid his or her
necessary expenses. The Director shall
have direct responsibility for the organization, administration and operation
of the emergency preparedness organization, subject to the direction and
control of the Mayor.
§ 32.04 POWERS AND DUTIES
OF DIRECTOR.
(A) The Director, with the consent of
the Mayor, shall represent the city on any regional or state conference for
emergency management. The Director shall
develop proposed mutual aid agreements with other political subdivisions of the
state for reciprocal emergency management aid and assistance in an emergency
too great to be dealt with unassisted, and shall present these agreements to
the Council for its action. These
arrangements shall be consistent with the State Emergency Plan.
(B) The Director shall make studies and
surveys of the human resources, industries, resources, and facilities of the
city as deemed necessary to determine their adequacy for emergency management
and to plan for their most efficient
use in time of an emergency or disaster.
The Director shall establish the economic stabilization systems and
measures, service staffs, boards, and sub-boards required, in accordance with
state and federal plans and directions subject to the approval of the Mayor.
(C) The Director shall prepare a
comprehensive emergency plan for the emergency preparedness of the city and shall present the plan to
the Council for its approval. When the
Council has approved the plan, it shall
be the duty of all city agencies and all emergency preparedness forces of the
city to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner from
time to time. The Director shall
coordinate the emergency management activities of the city to the end that they
shall be consistent and fully integrated with the emergency plans of the
federal government and the state and correlated with emergency plans of the
county and other political subdivisions within the state.
(D) In
accordance with the State and City Emergency Plan, the Director shall institute
training programs, public information programs and conduct practice warning
alerts and emergency exercises as
may be necessary to assure prompt and effective operation of the City Emergency
Plan when a disaster occurs.
(E) The Director shall utilize the
personnel, services, equipment, supplies, and facilities of existing
departments and agencies of the city to the maximum extent practicable. The officers and personnel of all city
departments and agencies shall, to the maximum extent practicable, cooperate
with and extend services and facilities to the city’s emergency management
organization and to the Governor upon request.
The head of each department or agency in cooperation with the Director
shall be responsible for the planning and programming of those emergency
activities as will involve the utilization of the facilities of the department
or agency.
(F) The Director shall, in cooperation
with those city departments and agencies affected, assist in the organizing,
recruiting, and training of emergency management personnel, which may be
required on a volunteer basis to carry
out the emergency plans of the city and state.
To the extent that emergency personnel are recruited to augment a
regular city department or agency for emergencies, they shall be assigned to
the departments or agencies and shall be under the administration and control
of the department or agency.
(G)
Consistent with the state emergency services law, the Director shall coordinate
the activity of municipal emergency management organizations within the city
and assist in establishing and conducting
training programs as required to assure emergency
operational capability in the several services as provided by M.S. § 12.25, as
it may be amended from time to time.
(H) The
Director shall carry out all orders, rules, and regulations issued by the
Governor with reference to emergency management.
(I) The Director shall prepare and
submit reports on emergency preparedness activities when requested by the
Mayor.
§
32.05 LOCAL EMERGENCIES.
(A) A local emergency may be declared
only by the Mayor or his or her legal successor. It shall not be continued for a period in
excess of three days except by or with the consent of the Council. Any order, or proclamation declaring,
continuing, or terminating a local emergency shall be given prompt and general
publicity and shall be filed in the officer of the City Clerk.
(B) A declaration of a local emergency
shall invoke necessary portions of the response and recovery aspects of applicable
local or inter-jurisdictional disaster plans, and may authorize aid and
assistance thereunder.
(C) No jurisdictional agency or
official may declare a local emergency unless expressly authorized by the
agreement under which the agency functions.
However, an inter-jurisdictional disaster agency shall provide aid and
services in accordance with the agreement under which it functions.
Penalty,
see § 32.99
§
32.06 EMERGENCY REGULATIONS.
(A) Whenever necessary, to meet a
declared emergency or to prepare for an emergency for which adequate
regulations have not been adopted by the Governor or the Council, the Council
may by resolution promulgate regulations, consistent with applicable federal or
state law or regulation, respecting: the conduct of persons and the use of
property during emergencies; the repair, maintenance, and safeguarding of
essential public services, emergency health, fire, and safety regulations,
drills or practice periods required for preliminary training, and all other matters
which are required to protect public safety, health, and welfare in declared
emergencies.
(B) Every resolution of emergency
regulations shall be in writing; shall be date; shall refer to the particular
emergency to which it pertains, if so limited, and shall be filed in the office
of the City Clerk. A copy shall be kept
posted and available for public inspection during business hours. Notice of the existence of these regulations
and their availability for inspection at the City Clerk’s Office shall be
conspicuously posted at the front of the city hall or other headquarters of the
city or at other places in the affected
area as the Council shall designate in the resolution. By resolution, the Council may modify or
rescind a regulation.
(C) The Council may rescind any
regulation by resolution at any time. If
not sooner rescinded, every regulation shall expire at the end of 30 days after
its effective date or at the end of the emergency to which it relates,
whichever comes first. Any resolution,
rule, or regulation inconsistent with an emergency regulation promulgated by
the Council shall be suspended during the period of time and to the extent
conflict exists.
(D) During a declared emergency, the
city is, under the provisions of M.S. § 12.31, as it may be amended from time
to time and notwithstanding any statutory or Charter provision to the contrary,
empowered, through its Council, acting within or without the corporate limits
of the city, to enter into contracts and incur obligations necessary to combat
the disaster by protecting the health and safety of persons and property and
providing emergency assistance to the victims of a disaster. The city may exercise these powers in the light
of the exigencies of the disaster without compliance with the time-consuming
procedures and formalities prescribed by law pertaining to the performance of
public work, entering rental equipment agreements, purchase of supplies and
materials, limitations upon tax levies, and the appropriation and expenditure
of public funds, including, but not limited to, publication of resolutions,
publication of calls for bids, provisions of personnel laws and rules,
provisions relating to low bids, and requirement for bids.
Penalty,
see § 32.99
§
32.07 EMERGENCY MANAGEMENT A GOVERNMENT FUNCTION.
All functions and activities relating
to emergency management are hereby declared to be governmental functions. The provisions of this section shall not
affect the right of any person to receive benefits to which he would otherwise
be entitled under this resolution or under the worker’s compensation law, or
under any pension law, nor the right of any person to receive any benefits or
compensation under any act of Congress.
§
32.08 PARTICIPATION IN LABOR DISPUTES OR POLITICS.
The emergency management organization
shall not participate in any form of political activity, nor shall it be
employed directly or indirectly for political purposes, nor shall it be
employed in a labor dispute.
§
32.99 PENALTY.
Any person who violates any provision
of this chapter or any regulation adopted thereunder relating to acts,
omissions, or conduct other than official acts of city employees or officers is
guilty of a misdemeanor.