Chapter 7.12
CIVIL DEFENSE*
Sections:
7.12.030 Department of emergency services—Membership.
7.12.040 Department—Powers and duties—Meetings.
7.12.050 Director of emergency services—Powers and duties.
7.12.060 Disaster powers of director.
7.12.070 Emergency services organization.
7.12.080 Division, service and staff of the organization.
7.12.090 Penalty for violations.
7.12.100 Effect on prior ordinances and resolutions.
7.12.120 Chelan County civil defense fund—Established.*.
7.12.130 Civil defense fund—Cities to include item in budgets.
7.12.140 Civil service—Commission designated.
7.12.150 Civil service—Administration contract.
7.12.170 Civil service—Personnel board authority.
7.12.180 Civil service—Personnel director authority.
7.12.190 Civil service—Emergency services director authority.
7.12.200 Civil service—Conflict with labor agreements.
* Statutory provisions—See RCW Chapter 38.52.
7.12.010 Purpose of chapter.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans, including mock or practice drills, for the civil defense of persons and property within this county in the event of a disaster, and to provide for the coordination of the civil defense and disaster functions of this county with all other public agencies and affected private persons, corporations and organizations. Any expenditures made in connection with such civil defense and disaster activities, including mutual aid activities, and mock or practice drills, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the county of Chelan. (§ 1 of Res. 308-D, March 16, 1959 at Vol. B pages 193, 194).
7.12.020 Definitions.
(a) Civil Defense. As used in this chapter “civil defense” means 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. It does not include, nor does any provision of this chapter apply, to any condition relating to a labor controversy.
(b) Disasters. As used in this chapter, the term “disaster” means actual or threatened enemy attack, sabotage, extraordinary fire, flood, storm, epidemic, riot, earthquake or other similar public calamity. (§ 2 of Res. 308-D, March 16, 1959 at Vol. B pages 193, 194).
7.12.030 Department of emergency services—Membership.
The Chelan County department of emergency services is hereby created and shall consist of the following:
(a) The board of county commissioners and the mayor of each incorporated municipality within the county. The chairman of the board will act as chairman of the department of emergency services;
(b) The director of emergency services, who shall be vice-chairman. (§ 3 of Res. 308-D, March 16, 1959 at Vol. B page 193, 194 as amended by Res. 151-F (part), May 22, 1972).
7.12.040 Department—Powers and duties—Meetings.
It shall be the duty of the Chelan County department of emergency services, and it is empowered, to review and recommend for adoption civil defense and mutual aid plans and agreements and such resolutions and rules and regulations as are necessary to implement such plans and agreements. The department of emergency services shall meet upon call of the chairman or in his absence from the county or inability to call such meeting, upon the call of the vice-chairman. (§ 4 of Res. 308-D, March 16, 1959 at Vol. B page 193, 194 as amended by Res. 151-F (part), May 22, 1972).
7.12.050 Director of emergency services—Powers and duties.
There is hereby created the office of director of emergency services. Such officer shall be appointed by the department of emergency services.
The director is hereby empowered and directed:
(a) To prepare a civil defense operating plan for the county conforming to the state civil defense plan and program;
(b) To control and direct the effort of the emergency services organization of this county for the accomplishment of the purposes of this chapter;
(c) To direct coordination and cooperation between divisions, services, and staff of the emergency services organization of this county, and to resolve questions of authority and responsibility that may arise between them;
(d) To represent the emergency services organization of this county in all dealings with public or private agencies pertaining to civil defense and disaster. (§ 5 of Res. 308-D, March 16, 1959 at Vol. B page 193, 194 as amended by Res. 151-F (part), May 22, 1972).
7.12.060 Disaster powers of director.
In the event of disaster as hereby provided, the director is hereby empowered:
(a) To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disasters; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the department of emergency services;
(b) To obtain vital supplies, equipment and such other properties found lacking and needed for the protection of the life and property of the people, and bind the county for the fair value thereof, and if required immediately, to commandeer the same for public use;
(c) To require services of any county officer or employee, and in the event of a proclamation by the Governor of the existence of a disaster, to command the aid of as many citizens of this community as he considers necessary in the execution of his duties; such persons shall be entitled to all privileges, benefit and immunities as are provided by state law for registered civil defense workers;
(d) To execute all of the special powers conferred upon him by this chapter or by resolution adopted pursuant thereto, all powers conferred upon him by statute, agreement approved by the department of emergency services, or by any other lawful authority;
(e) To requisition necessary personnel or material of any county department or agency. (§ 6 of Res. 308-D, March 16, 1959 at Vol. B page 193, 194 as amended by Res. 151-F (part), May 22, 1972).
7.12.070 Emergency services organization.
All county and city officers and employees of this county, together with those volunteer forces enrolled to aid them during a disaster, and all groups, organizations and persons who may by agreement or operation of law, including persons pressed into service under the provisions of Section 7.12.060(c), charged with duties incident to the protection of life and property in this county during disaster, shall constitute the emergency services organization of this county of Chelan. (§ 7 of Res. 308-D, March 16, 1959 at Vol. B page 193, 194 as amended by Res. 151-F (part), May 22, 1972).
7.12.080 Division, service and staff of the organization.
The functions and duties of the Chelan County emergency services organization shall be distributed among such divisions, services and special staff as the department of emergency services shall prescribe.
The department of emergency services shall concurrently with the adoption of this chapter, prescribe the form of organization, establishment and designation of divisions and services, the assignment of functions, duties and powers, the designation of officers and employees. Insofar as possible, the form of organization, titles and terminology shall conform to the recommendations of the federal government and the Department of Civil defense of the state of Washington. (§ 8 of Res. 308-D, March 16, 1959 at Vol. B page 193, 194 as amended by Res. 151-F (part), May 22, 1972).
7.12.090 Penalty for violations.
It is a misdemeanor, punishable by a fine of not to exceed two hundred fifty dollars, or by imprisonment for not to exceed three months, or both, for any person during a disaster:
(a) To wilfully obstruct, hinder or delay any member of the emergency services organization in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon him by virtue of this chapter;
(b) To do any act forbidden by lawful rules or regulations issued pursuant to this chapter, if such is of such a nature as to give, or be likely to give assistance to the enemy, or to imperil the lives or property of inhabitants of this county, or to prevent, hinder or delay the defense or protection thereof;
(c) To wear, carry or display, without authority, any means of identification specified by the Department of Civil Defense of the state. (§ 9 of Res. 308-D, March 16, 1959 at Vol. B page 193, 194 as amended by Res. 151-F (part), May 22, 1972).
7.12.100 Effect on prior ordinances and resolutions.
To the extent portions of conflicting ordinances or resolutions are in conflict herewith, the same are amended to conform herewith, it being the intent of the county commissioners in enacting this chapter that it shall be considered a revision and continuation of the prior ordinances or resolutions dealing with the same subject matter, and the status of volunteers, civil defense mutual aid plans, and agreements, rules and regulations or resolutions adopted pursuant to such prior resolutions shall not be affected by this chapter, except as herewith amended, modified, or superseded. (§ 10 of Res. 308-D, March 16, 1959 at Vol. B page 193, 194).
7.12.110 Severability.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable. (§ 12 of Res. 308-D, March 16, 1959 at Vol. B pages 193, 194).
7.12.120 Chelan County civil defense fund—Established.*.
Chelan County and the incorporated cities of Chelan County join together in the establishment of the Chelan County department of emergency services, which shall consist of mayors of the incorporated cities of Chelan County together with the board of county commissioners of Chelan County.
The parties hereto shall establish a fund which will be known as the “Chelan County civil defense fund,” the moneys of which shall be deposited with the county treasurer and all expenditures therefrom shall be authorized by the Chelan County department of emergency services (§§ 1, 2 of Res. 105-C, March 17, 1952 at Vol. A page 22 as amended by Res. 151-F (part), May 22, 1972).
* Finance committee appointed, consisting of three county commissioners of Chelan County. Motion carried May 22, 1952.
7.12.130 Civil defense fund—Cities to include item in budgets.
It is further agreed that, unless otherwise decided upon by the Chelan County department of emergency services at a regular meeting, the incorporated cities of Chelan County shall include an appropriate amount for civil defense purposes in their proposed budgets for 1953 and subsequent years.
It is further agreed that the emergency services department, or their authorized representatives, shall apply for matching funds from the state of Washington and the United States Federal Government, in accordance with stipulations set forth in the State Civil Defense Act of 1951 and the National Defense Act. (§ 4 of Res. 105-C, March 17, 1952 at Vol. A page 22 as amended by Res. 151-F (part), May 22, 1972).
7.12.140 Civil service—Commission designated.
The State Personnel Board, as provided for in RCW 41.06.110, is designated as the civil service commission for the county department of emergency services of this county, and shall be hereinafter referred to as the Personnel Board. The Director of the State Department of Personnel is designated as the administrative officer and the State Personnel Department is designated as the administrative agency for operation of the emergency services civil service system. The Personnel Officer of the State Civil Defense Department is designated as the personnel officer for this county department of emergency services, and shall represent this board and the county department of emergency services to the Department of Personnel and the Personnel Board in the transaction of routine civil service business. (Res. 39-F (part), April 5, 1971 at Vol. D pages 381—382 as amended by Res. 151-F (part), May 22, 1972).
7.12.150 Civil service—Administration contract.
To secure the services of the State Personnel Board, the Department of Personnel, and the Personnel Officer of the State Civil Defense Department, the Chairman of the Board is authorized to enter or maintain a service contract with the State Director of Personnel and the State Director of Civil Defense providing for payment of one percent or less of the gross payroll of all covered employees to the Department of Personnel.
Such contract is to remain in effect for a minimum period of one year from its date of inception and may be terminated thereafter on thirty days’ notice by any of the parties. (Res. 39-F (part), April 5, 1971 at Vol. D pages 381—382).
7.12.160 Civil service—Rules.
The civil service rules of this county department of emergency services are designated to be those of the Local Government Merit Program as presently adopted by the State Personnel Board, a copy of which rules are, by reference hereto, made a part hereof. These rules may be modified from time to time by the Personnel Board without further action by the county board of commissioners. (Res. 39-F (part), April 5, 1971 at Vol. D pages 381—382 as amended by Res. 151-F (part), May 22, 1972).
7.12.170 Civil service—Personnel board authority.
The board of commissioners delegates to the aforementioned personnel board exclusive responsibility for amending existing provisions, or adopting new provisions of the local government merit program; provided, that this department of emergency services is given reasonable advance notice of pending changes, and that such changes are adopted in public meeting in which the director of emergency services or his representative, the personnel officer, and an employee representative of each employee organization having a recognized collective bargaining unit among employees of this department of emergency services have had an opportunity to be heard.
The board of commissioners further delegates exclusive responsibility under this county emergency services civil service system, to the aforementioned personnel board for all rules pertaining to development and adoption of job classes, and allocation of positions thereto; determination and adjustment of salaries; recruitment, examination, selection, appointment, promotion, demotion, disciplinary actions, and termination of employees; prerequisites including holidays, vacations and sick leave; rights of appeal, exemption of classes or types of positions and personnel from one or more provisions of the merit program; and disclosure of all information necessary to the operation of the local government merit program; provided, however, the director of emergency services shall not be covered by this civil service system. (Res. 39-F (part), April 5, 1971 at Vol. D pages 381—382 as amended by Res. 151-F (part), May 22, 1972).
7.12.180 Civil service—Personnel director authority.
The personnel director shall serve as executive officer for the State Personnel Board, and shall have authority to establish, conduct, and enforce such procedures as necessary to maintain the local government merit program, and to delegate such authority to staff members of the State Personnel Department. (Res. 39-F (part), April 5, 1971 at Vol. D pages 381—382).
7.12.190 Civil service—Emergency services director authority.
The director of emergency services is responsible to see that provisions of the local government merit program are observed in all operations of this department of emergency services and to make those decisions allowed to this department under the program. He may designate a staff member to carry out those duties of his which arise out of the civil service system; this person will be known as the personnel agent, and his signature on civil service transactions will carry authority of this department. The director of emergency services may also delegate authority to the personnel officer to conduct civil service-related transactions as long as such delegation does not violate provisions of the local government merit program. The director of emergency services will advise the board of commissioners of significant changes in the rules or operations of the civil service system subsequent to the date of contract. (Res. 39-F (part), April 5, 1971 at Vol. D pages 381—382 as amended by Res. 151-F (part), May 22, 1972).
7.12.200 Civil service—Conflict with labor agreements.
In event of conflict between the terms of the local government merit program and any existing labor agreement with this board, the provisions of the labor agreement shall take precedence over the conflicting provisions of the local government merit program for the duration of that agreement. The board of commissioners and the director of emergency services will refrain from bargaining collectively for any future agreement regarding any condition of employment which by this resolution is delegated to the personnel board.
If a subsequently negotiated agreement contains provisions which during its life are contradicted by provisions of the local government merit program, the provisions of the local government merit program shall prevail. (Res. 39-F (part), April 5, 1971 at Vol. D pages 381—382 as amended by Res. 151-F (part), May 22, 1972).