Chapter 2.10
EMERGENCY MANAGEMENT
AND SUCCESSION
Sections:
2.10.020 Emergency management policy – Citizen preparedness.
2.10.040 Emergency management plan adopted.
2.10.050 Emergency Services Council established.
2.10.060 Emergency and disaster powers of the Mayor.
2.10.070 Order of succession of authority – Director of Emergency Management.
2.10.080 Order of succession of authority – City Chief Executive.
2.10.090 Order of succession of authority – Other City departments.
2.10.100 Penalties for violations.
2.10.110 Private liability restricted.
2.10.010 Purpose.
The declared purposes of this chapter are to provide for the preparation and carrying out of plans for mitigation, preparedness, response and recovery for persons and property within the City of Everson in the event of an emergency or disaster, and to provide for the coordination of emergency functions and services of the City in coordination with private and other affected public agencies and private persons, corporations and organizations. Any expenditures made in connection with such emergency management activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City. [Ord. 607 § 1, 2003.]
2.10.020 Emergency management policy – Citizen preparedness.
It is the policy of the City of Everson to make effective preparation and use of all available manpower, resources and facilities for dealing with any emergency or disaster that may occur. Disasters and emergencies, by their very nature, may disrupt or destroy existing systems and the capability of the City to respond to protect life, public health and public property, and residents of the City are accordingly advised to be prepared to fend on their own (emergency/survival food, water, clothing, shelter, heat) for at least 72 hours should an emergency or disaster occur. [Ord. 607 § 1, 2003.]
2.10.030 Definitions.
For the purposes of this chapter, the terms set out in this section shall have the following meanings:
A. “Emergency” or “disaster” as used in this chapter shall mean an event set of circumstances which:
1. Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken neighborhood overtaken by such occurrences; or
2. Reaches such a dimension or degree of destructiveness as to warrant the Mayor proclaiming the existence of a disaster or the Governor declaring a state of emergency in accordance with appropriate local or State statute; or
3. Affects seriously the safety, health, or welfare of a substantial number of citizens of this City, or precludes the operation or use of essential public services and facilities with such magnitude or severity as to necessitate seeking State or County supplementation or local efforts or resources exerted or utilized in alleviating the danger, damage, suffering, or hardship faced.
B. “Emergency management” shall mean the preparation for and the carrying out of all emergency functions, as set forth in Chapter 38.52 RCW, other than functions for which Federal or State military forces are primarily responsible, to mitigate against, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury damage, resulting from disasters caused by all hazards, whether natural or manmade. It does not include, nor do any provisions of the chapter apply to, any condition relating to a local controversy.
C. “Director” shall mean the Director of Emergency Management designated by the Division.
D. “Whatcom County Emergency Management Council” or “Emergency Management Council” shall mean the policy-making agency for the Division. It is be composed of representatives of each political subdivision contracting or signing an interlocal agreement with jurisdictions within Whatcom County for emergency management, and the Director. The City is a participant in the Whatcom County Emergency Management Council, as outlined in the Interlocal Cooperative Agreement for Provision of Emergency Management Services, hereinafter referred to as the “interlocal agreement,” dated January 1, 1990.
E. “Division” shall mean the Whatcom County Division of Emergency Management.
F. “Emergency Services Coordinator,” also referred to as the “Coordinator,” shall mean the Everson Chief of Police. [Ord. 607 § 1, 2003.]
2.10.040 Emergency management plan adopted.
The emergency management plan or emergency operations plan, prepared and updated by direction of and adopted from time to time by resolution of the City Council, is the official emergency operations plan of the City of Everson. The Emergency Services Council of the City shall file a copy of the plan in the office of the City Clerk, and distribute copies of the plan to appropriate departments of the City. [Ord. 607 § 1, 2003.]
2.10.050 Emergency Services Council established.
The Emergency Services Council of the City of Everson is hereby created in accordance with RCW 38.52.070. The Emergency Services Council of the City of Everson shall consist of:
A. The Mayor, who shall serve as chair of the Emergency Services Council and be responsible for the overall direction and control of the Emergency Management Organization of the City. The Mayor or the Mayor’s designee shall serve as the City’s representative on the Emergency Management Council, and participate as a member of that Emergency Management Council in:
1. Selecting annually one of the Council’s members to act as chair of the Council;
2. Meeting once annually between July and October, and at such other times as necessary at the request of the chair and/or the Director of Emergency Management. At least one-half of the membership of the Council, minimum four, must be present to constitute a quorum;
3. Having the duty and being empowered to review and recommend adoption of mutual aid plans and agreements to the legislative bodies of the jurisdictions party rules and regulations, and other disaster-related actions of the Director or Emergency Management;
4. Presenting for adoption by each participant City such resolutions and rules and regulations as are necessary to implement adopted plans and agreements;
5. Establishing annually, via majority vote of the Council membership present at annual meeting, broad policy guidelines and program priorities for the Emergency Management Division to be implemented by the Director of Emergency Management; the annual meeting, the basis for financial and in-kind contributions of each political subdivision to the Whatcom County emergency management fund as recommended by the Director of Emergency Management.
B. The Emergency Services Coordinator, who shall serve as vice-chair of the Emergency Services Council and whose duties, responsibilities and authorities, subject to the direction and control of the Mayor, include:
1. Be directly responsible to the Mayor in matters relating to emergency management within the City;
2. Serve as the chief advisor to the Emergency Services Council concerning State and local emergency management matters;
3. Provide assistance as required to the City;
4. Direct the activities of the Emergency Services Council;
5. Propose updates to the emergency operations plan for consideration by the Emergency Services Council to ensure conformance with the State and Whatcom County plan and program;
6. Control and direct the organization and operation of the City’s Emergency Operations Center, including the preparation of supporting plans and operating procedures;
7. Prepare and submit to the Everson City Council annual budgeting estimates for funding emergency management activities;
8. Represent the Emergency Services Council and the Emergency Operations Center in all situations or disasters threatening the life and property of the people;
9. To require emergency services of any officer or employee of the City, in the event of a proclamation by the Mayor of the existence of a disaster, to command the aid of as many citizens of the community as he or she considers necessary in the execution of his or her duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by State law for registered civil defense workers;
10. To execute all of the special powers now or hereafter conferred herein on the Coordinator, all powers conferred by State statute, or by interlocal or mutual aid agreement approved by the City Council, or by any other lawful authority;
11. To requisition necessary personnel or material of any City department or agency, or of any other City or County department or agency under an interlocal or mutual aid agreement providing for the same, with the concurrence of the chief executive officer of that jurisdiction, or from private persons, and bind the City for the fair value thereof, and if required immediately, to commandeer the same for public use;
12. To request the Mayor to proclaim the existence or threatened existence of a disaster and the termination thereof, and schedule timely City Council ratification and any extension of such declaration; and
13. In the event of major emergency within the City, the Coordinator is empowered to take only those actions specifically requested and authorized by the City, and approved by the executive head of any other political subdivision affected by such actions.
C. The Public Safety Committee of the Everson City Council. [Ord. 607 § 1, 2003.]
2.10.060 Emergency and disaster powers of the Mayor.
A. The Mayor is authorized to proclaim any local emergency; provided, that any such declaration of a local emergency must be ratified by the City Council within seven days and, if ratified or continued, must be reviewed within 14 days and terminated as soon as feasible.
B. In the event of a proclamation of a disaster as herein provided, or upon the proclamation of a State-wide emergency by the Governor, or the proclamation of a County-wide emergency by the County Executive, the Mayor is hereby empowered:
1. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
2. 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 to bind the City of Everson for the fair value thereof, and, if required immediately, to commandeer the same for public use;
3. To control and direct the efforts of the emergency management organization of the City of Everson for the accomplishment of the purposes of this chapter;
4. To require emergency services of any City officer or employee, and, in the event of the proclamation of a state of extreme emergency by the Governor in the region in which this City is located, to command the aid of as many citizens of this City as may be deemed necessary in the execution of the Mayor’s duties; such persons to be entitled to all privileges, benefits, and immunities as are provided by State law for registered emergency workers;
5. To requisition necessary personnel or material of any City department or agency;
6. To execute all of the special powers conferred upon the Mayor by this chapter, or by any other statute, agreement, or lawful authority, as necessary; and
7. To establish and maintain continuity of government so as to establish provided exemptions to notice requirements of the “Open Public Meetings Act,” and ensure proper succession of authority as is established in the emergency operations plan. [Ord. 607 § 1, 2003.]
2.10.070 Order of succession of authority – Director of Emergency Management.
The Mayor, or the Mayor’s designee, shall serve as the Director of Emergency Management of the City of Everson. Should the Mayor be unavailable when required to act in the event of an emergency, the following succession of authority will be followed:
A. The City Clerk/Administrator; then
B. The City Chief of Police; then
C. The City Public Works Director. [Ord. 607 § 1, 2003.]
2.10.080 Order of succession of authority – City Chief Executive.
The following shall be the succession of authority as the City’s chief executive officer in the event of a declared emergency:
A. The Mayor; then
B. The Mayor Pro Tem; then
C. The City Clerk/Administrator. [Ord. 607 § 1, 2003.]
2.10.090 Order of succession of authority – Other City departments.
For the Police Department, Public Works Department, and the Clerk’s Office, the succession of authority shall be the Chief, Director or Department Head, and thereafter as designated by departmental organizational diagram approved by resolution of the City Council. [Ord. 607 § 1, 2003.]
2.10.100 Penalties for violations.
It shall be a Class A misdemeanor for any person during a disaster to:
A. Willfully obstruct, hinder or delay any member of the Emergency Management 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. Do any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of a nature to give, or be likely to give, assistance to the enemy, or to imperil the lives or property of inhabitants of the City, or to prevent, hinder or delay the defense or protection thereof;
C. Wear, carry or display, without authority, any means of identification specified by the State of Washington Military Department’s Emergency Management Division. [Ord. 607 § 1, 2003.]
2.10.110 Private liability restricted.
No individual firm, association, corporation or other party owning, maintaining, controlling any building or premises, who voluntarily and without compensation grants to the City a license or privilege or otherwise permits the City to inspect, designate and use the whole or any part or parts of such building or premises for the purpose of sheltering persons during an actual, impending, mock or practice emergency or disaster, or their successors in interest, or the agents or employees of any of them, shall be subject to liability for injuries sustained by any person while in or upon the building or premises as a result of any act or omission in connection with the upkeep or maintenance thereof, except a willful act of misconduct, when such a person has entered or gone into or upon the building or premises for the purpose of seeking refuge therein during an emergency or disaster or an attack by enemies of the United States or during a disaster drill, exercise or test ordered by a lawful authority. [Ord. 607 § 1, 2003.]