Chapter 2.48
CIVIL DEFENSE ORGANIZATION
Sections:
2.48.010 Created – Membership.
2.48.040 Service as mobile support team.
2.48.050 Agreements with other political subdivisions.
2.48.070 Compensation for training time.
2.48.080 Reimbursement by state.
2.48.090 Purchases and expenditures.
2.48.120 Appropriation – Levy of taxes.
2.48.130 Continuity in office.
2.48.140 Emergency locations – Governmental powers.
2.48.150 Local organization for emergency service and disaster agency.
2.48.010 Created – Membership.
A. There is created the local municipal civil defense organization to prevent, minimize, repair and alleviate injury or damage resulting from disaster caused by enemy attack, sabotage or other hostile action, or from natural disaster in accordance with “The Illinois Emergency Services and Disaster Agency Act of 1975,” as amended.
B. The civil defense organization shall consist of the director and additional members to be selected by the director.
2.48.020 Director.
A. The director of the municipal civil defense organization shall be appointed by the president with the consent of the board of trustees, and shall serve for one year or until a successor is appointed.
B. The director shall have direct responsibility for the organization, administration, training and operation of the civil defense organization, subject to the direction and control of the president as provided by statute.
C. In the event of the absence, resignation, death or inability to serve of the director, the village president, or any person designated by him, shall be and act as director until a new appointment is made, as provided in this chapter.
2.48.030 Functions.
The municipal civil defense organization shall perform such civil defense functions within the municipality as shall be prescribed in and by the State Civil Defense Plan, and program prepared by the Governor, and such orders, rules and regulations as may be promulgated by the Governor, and in addition shall perform such duties outside the corporate limits as may be required pursuant to any mutual-aid agreement with any other political subdivision, municipality or quasi-municipality entered into as provided by “The Illinois Emergency Services and Disaster Agency Act of 1975,” as amended.
2.48.040 Service as mobile support team.
A. All or any members of the municipal defense organization may be designated as members of a mobile support team created by the State Director of Civil Defense as provided by law.
B. The “leader” of such mobile support team shall be designated by the director of the municipal defense organization.
C. Any member of a mobile support team who is a municipal employee or officer while serving on call to duty by the Governor or the State Director of Civil Defense, shall receive the compensation and have the powers, duties, rights and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the municipality while so serving shall receive from the state reasonable compensation as provided by law.
2.48.050 Agreements with other political subdivisions.
The director of the civil defense organization may negotiate mutual-aid agreements with other municipal corporations or political subdivisions of the state, but no such agreement shall be effective until it has been approved by the board of trustees and by the State Director of Civil Defense.
2.48.060 Emergency action.
If the Governor declares that a civil defense emergency exists in the event of actual enemy attack upon the United States or the occurrence within the state of a major disaster resulting from enemy sabotage or other hostile action, or from natural disaster, it shall be the duty of the municipal civil defense organization to cooperate fully with the State Office of Civil Defense and with the Governor in the exercise of emergency powers as provided by law.
2.48.070 Compensation for training time.
Members of the civil defense organization who are paid employees or officers of the municipality, if called for training by the State Director of Civil Defense, shall receive for time spent in such training the same rate of pay as is attached to the position held; members who are not such municipal employees or officers shall receive for such training time such compensation as may be established by the board of trustees.
2.48.080 Reimbursement by state.
The State Treasurer may receive and allocate to the appropriate fund any reimbursement by the state to the municipality for expenses incident to training members of the civil defense organization, compensation for services and expenses of members of a mobile support team while serving outside the municipality in response to a call by the Governor or State Director of Civil Defense, as provided by law, and any other reimbursement made by the state incident to civil defense activities as provided by law.
2.48.090 Purchases and expenditures.
A. The board of trustees may, on recommendation of the municipal director of civil defense, authorize any purchase or contracts necessary to place the municipality in a position to combat effectively any disaster resulting from the explosion of any atomic or other bomb or missile, and to protect the public health and safety, protect property and provide emergency assistance to victims in the case of such disaster.
B. In the event of such a disaster, the local director of civil defense is authorized, on behalf of the municipality, to procure such services, supplies, equipment or material as may be necessary for such purposes, in view of the exigency, without regard to the statutory procedures or formalities normally prescribed by law pertaining to municipal contracts or obligations, as authorized by “The Illinois Emergency Services and Disaster Agency Act of 1975”; provided, that if the board of trustees meets at such time he shall act subject to the directions and restrictions imposed by that body.
2.48.100 Oath.
Every person appointed to serve in any capacity in the municipal civil defense organization shall, before entering upon his duties, subscribe to the following oath, which shall be filed with the director:
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 l 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 municipal civil defense 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.
2.48.110 Office space.
The village president is authorized to designate space in the Village Hall, or elsewhere as may be provided for by the board of trustees, for the municipal civil defense organization as its office.
2.48.120 Appropriation – Levy of taxes.
The village board may make an appropriation for civil defense purposes, and may levy therefor a tax not to exceed five cents per one hundred dollars of the assessed value of all taxable property in addition to all other taxes, as provided by “The Illinois Emergency Services and Disaster Agency Act.”
2.48.130 Continuity in office.
A. In the event that at the time or as a consequence of any disaster or occurrence described in RMC 2.48.010, the incumbent of any municipal office, position or place of employment shall be killed or rendered incapable of performing the duties of such office or position, such office or position shall be filled, until such time as a successor can be selected in the manner prescribed by law, in the following manner: any such vacancy shall, for the emergency period, be filled by appointment by the following in order of preference: the president, the remaining members of the board of trustees, the clerk, the civil defense director, the chief of police, chief of the fire department.
B. The person appointed in the manner prescribed in this section to fill any such office or position shall exercise all the duties and powers of that position during the emergency and until such time as a successor can be appointed or selected in the manner provided by law.
2.48.140 Emergency locations – Governmental powers.
A. Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient or impossible to conduct the affairs of local government at the regular or usual place or places thereof, the corporate authorities may meet at any place within or without the village limits on the call of the presiding officer or any two members of such governing body, and shall proceed to establish and designate by ordinance, resolution or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part of the public business may be transacted and conducted during the emergency situation. Such sites or places may be within or without the territorial limits of the village and may be within or without the state.
B. During the period when the public business is being conducted at the emergency temporary locations, the governing body and other officers of the village shall have and possess and shall exercise at such location, or locations, all of the executive, legislative and judicial powers and functions conferred upon such body and officers by or under the laws of the state. Such powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be valid and binding as if performed within the territorial limits of the village.
2.48.150 Local organization for emergency service and disaster agency.
There is hereby established a local organization for emergency service and disaster agency to prevent, minimize, repair and alleviate injury or damage resulting from disaster caused by enemy attack, sabotage or other hostile action, in accordance with “The Illinois Emergency Services and Disaster Agency Act of 1975.” That said organization shall be commonly known as “ESDA” and wherever the term “civil defense” is used in this chapter it is hereby defined as emergency service and disaster agency. (Ord. 93-30 § 1, 1993)
2.48.160 Assistant director.
The assistant director of the emergency service and disaster agency for the village of Riverdale shall be appointed by the village president with the consent of the board of trustees and shall serve for one year or until a successor is appointed. The assistant director shall, in the event of the absence, resignation, death or inability to serve of the director, be and act as director until a new appointment is made as provided for in this chapter. (Ord. 93-30 § 1, 1993)