Chapter 2.07
EMERGENCY ORGANIZATION
Sections:
2.07.020 Emergency management organization established.
2.07.030 Emergency and disaster powers of the Mayor.
2.07.040 Order of succession of authority – Mayor.
2.07.050 Order of succession of authority – City Administrator.
2.07.010 Definitions.
For the purpose 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 or 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 of local efforts or resources exerted or utilized in alleviating the danger, damage, suffering or hardship faced.
B. “Emergency management” (synonymous with “civil defense”) 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 the 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 or damage, resulting from disasters caused by all hazards, whether natural or manmade. It does not include, nor does any provision of this chapter apply to, any condition relating to a labor controversy.
C. “Director” shall mean the Whatcom County Sheriff.
D. “Emergency Management Council” shall mean the policy-making agency for the Whatcom County Sheriff’s Office, Division of Emergency Management. It shall be composed of the mayor or the executive head of each political subdivision contracting or signing an interlocal agreement with Whatcom County for emergency management, and the Sheriff as the Director of Emergency Management, who shall serve as vice chairman of the Council.
E. “Division” shall mean the Whatcom County Division of Emergency Management. (Ord. 2082 § 1 (Exh. A), 2019; Ord. 1550 § 1 (Add. A), 2009)
2.07.020 Emergency management organization established.
The emergency management organization of the City of Ferndale is hereby created in accordance with Chapter 38.52 RCW. The City is part of a joint local organization for emergency management known as the Whatcom County Division of Emergency Management (“Division”), as outlined in the interlocal cooperative agreement for provision of emergency management services. In accordance with the interlocal agreement, the emergency management organization of the City of Ferndale shall consist of:
A. The Mayor, who shall be responsible for the direction and control of the emergency management organization of the City. The Mayor shall also serve as a member of the Emergency Management Council, hereinafter referred to as the “Council,” and participate as a member of the Council in:
1. Selecting annually one of the Council’s members to act as Chairman of the Council;
2. Meeting once annually between July and October, and at such other times as necessary at the call of the chairman and/or the Director of Emergency Management. At least one-half of the membership must be present to constitute a quorum. A quorum will be four;
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 hereto, and approving or confirming emergency management and disaster plans, rules and regulations, and other disaster-related actions of the Director of Emergency Management;
4. Adopting or causing to be adopted by the 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 the annual meeting, broad policy guidelines and program priorities for the Emergency Management Division to be implemented by the Director of Emergency Management.
B. The Director of Emergency Management, who is the Whatcom County Sheriff and has been appointed by the joint action of the political subdivisions signatory to the interlocal agreement, hereinafter referred to as the “Director,” shall:
1. Be directly responsible to the Mayor in matters relating to emergency management within the City;
2. Serve as the chief advisor to the Council concerning emergency management matters affecting the emergency management;
3. Provide assistance as required to the City;
4. Direct the activities of the Emergency Management Division and the emergency operations center;
5. Maintain, review and update the Whatcom County emergency management operations plan, ensuring conformance with the state plan and program;
6. Control and direct the effort of the Whatcom County emergency management organization, including the preparation of supporting plans and operating procedures;
7. Prepare and submit to the Council an annual budget and program for the Emergency Management Division;
8. Represent the Emergency Management Division in all life and property issues of the people, and, with the concurrence of the Mayor, bind the City for the fair value thereof, and if required immediately, to commandeer the same for public use;
9. To require emergency services of any officer or employee of the City, with concurrence of the Mayor, 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, benefits, and immunities as are provided by state law for registered civil defense workers;
10. To execute all of the special powers conferred upon him by this agreement or by resolution adopted pursuant thereto, all powers conferred upon him by statute, agreement approved by the Council or by any other lawful authority;
11. To requisition necessary personnel or material of any county department or agency, or of any city department or agency, with the concurrence of the mayor of that city;
12. In the event of major emergency within the City, the Director will be 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 Deputy Director of Emergency Management, who is appointed by the Director, is responsible for the day-to-day operation of the Division.
D. The City emergency management coordinator shall be the Ferndale Director of Public Safety, and shall coordinate the City’s emergency management functions, and perform liaison with the Division on matters involving the emergency management program for the City of Ferndale.
E. Designated City employees, together with those volunteer forces enrolled to aid during disaster, and all groups, organizations and persons who may by agreement or operation of the law, including persons pressed into services under provision of the law, charged with duties incidental to the protection of life and property in time of disaster; such persons shall be entitled to all privileges, benefits, and immunities as provided by state law for registered emergency workers. (Ord. 2082 § 1 (Exh. A), 2019; Ord. 1550 § 1 (Add. A), 2009)
2.07.030 Emergency and disaster powers of the Mayor.
In the event of a proclamation of a disaster by the Mayor or as herein provided, or upon the proclamation of a state of emergency by the Governor, the Mayor 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 disaster; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the City Council;
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 to bind the City of Ferndale for the fair value thereof, and, if required immediately, to commandeer the same for public use;
C. To control and direct the efforts of the emergency management organization of the City of Ferndale for the accomplishment of the purposes of this chapter;
D. 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;
E. To requisition necessary personnel or material of any City department or agency;
F. 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;
G. To establish and maintain continuity of government so as to establish provided exemption to notice requirements of the Open Public Meetings Act, and ensure proper succession of authority as is established in the City of Ferndale emergency operations procedures. (Ord. 2082 § 1 (Exh. A), 2019; Ord. 1550 § 1 (Add. A), 2009)
2.07.040 Order of succession of authority – Mayor.
The Mayor is hereby empowered to assume the duties as listed in RCW 35A.13.030 in the event of public danger or emergency, or the establishment of military law by the Governor.
In the event the Mayor is unable to assume such duties and responsibilities due to absence from the City, death, or incapacitation, the Mayor Pro Tempore, as designated by the City Council, shall temporarily assume such duties.
In the event the Mayor Pro Tempore is unable to assume such duties and responsibilities, the Councilmember with the longest current tenure serving on the City Council shall assume such duties and responsibilities. In the event that Councilmembers have identical tenures, the member filling the Council position with the lowest number shall be so designated. (Ord. 2082 § 1 (Exh. A), 2019)
2.07.050 Order of succession of authority – City Administrator.
In the event the City Administrator is unable to assume the duties and responsibilities of his or her office in the event of public danger or emergency, or the establishment of military law, due to absence from the City, death, or incapacitation, the Chief of Police of the City of Ferndale shall be designated to act on behalf of the City Administrator.
In the event that the Chief of Police of the City of Ferndale is unable to assume such duties and responsibilities, the Public Works Director shall be designated to so act. (Ord. 2082 § 1 (Exh. A), 2019)
2.07.060 Violation – Penalty.
It shall be a gross misdemeanor for any person during a disaster:
A. To 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/her by virtue of this chapter;
B. To commit any act forbidden by any lawful rules or regulations issued pursuant to this chapter, if such act is of a nature as to give, or be likely to give, assistance to the enemy, or to imperil the lives or property of inhabitants of the 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 Emergency Management of the state. (Ord. 2082 § 1 (Exh. A), 2019; Ord. 1550 § 1 (Add. A), 2009. Formerly 2.07.040)