Village of Bellevue, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Bellevue Board 2-10-2016 by Ord. No. O-2016-03.[1]. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 53.
Police protection — See Ch. 101.
[1]
Editor’s Note: This ordinance also repealed former Ch. 36, Emergency Management, adopted 10-10-2007 as Ch. 6 of the 1998 Code, as amended.

§ 36-1 Purpose.

A. 
To ensure that the Village of Bellevue will be prepared to cope with emergencies resulting from enemy action, natural disasters, requests for assistance during public health emergencies, or technological emergencies, an Emergency Management Organization is created to carry out the purposes set forth in Chapter 323 of Wisconsin Statutes.
B. 
While it is likely that outside assistance would be available in most major disaster situations affecting the Village, and while plans have been developed to facilitate coordination of this assistance, it is necessary for the Village of Bellevue to plan for, and to be prepared to carry out, disaster response and short-term recovery operations on an independent basis.

§ 36-2 Head of Emergency Management Services.

The Head of Emergency Management Services for the Village of Bellevue shall be the Fire Chief.
The Head of Emergency Management Services shall have the duties and responsibilities as set forth under § 323.14, Wis. Stats., and § 323.15, Wis. Stats., as it relates to the Village.

§ 36-3 General duties of Head of Emergency Management Services.

A. 
In his/her capacity as Head of Emergency Management Services, he/she shall, subject to the policy, oversight and direction of the Village Board and Village Administrator, perform the following on behalf of the Village:
(1) 
Direct the Village emergency management programs and coordinate with the county.
(2) 
Advise the county and, if necessary, state administrator of all emergency management planning for the Village emergency management and render such reports as may be required by the county or state administrator.
(3) 
In the case of an emergency, coordinate and represent the Village emergency management activities and coordinate with the county the emergency management activities within the Village [operate at the County or Village Emergency Operations Center (EOC)].
(4) 
Declare a localized municipal Village emergency and within 72 hours work with the Clerk to ensure that a meeting with a quorum of the Village Board is held to ratify such a declaration.
(5) 
Issue predeclarations prior to emergencies happening (in front of and before storms or anticipated events).
B. 
In the case of a state of emergency proclaimed by the Governor or county, coordinate the Village emergency management activities, subject to the coordinating authority of the county or State Administrator of the Division of Emergency Management.
C. 
Shall be a coordinator and shall take all actions or duties and follow such as is consistent with federal laws, presidential directives, state statutes and administrative codes and county ordinances. This includes interaction with the County Emergency Operations Center (EOC) and coordination with other municipal emergency management coordinators as well as working with the various incident commanders or unified command structure operating at an incident(s) within the Village political limits.

§ 36-4 Use of incident command system/unified command system.

A. 
The incident command system (ICS) shall be used in management of all emergencies within the Village of Bellevue. Once an emergency is declared, the incident commander(s) and Head of Emergency Management Services have differing duties and responsibilities. Both positions shall use the ICS in management of their respective operations.
B. 
If a county-wide emergency operation center is initiated due to an incident affecting the Village of Bellevue, the Village of Bellevue Head of Emergency Management Services or a designee shall be assigned and stationed at the County Emergency Operations Center (EOC).
C. 
All ICS operations shall be consistent with the Village Emergency Operations Plan and/or county-level plans.
D. 
State statute and Brown County ordinance adopted by reference. This chapter adopts Brown County ordinance (Emergency Management for Brown County) and Ch. 323, Wis. Stats. (Emergency Management), and any amendments thereto, by reference, as applicable to the Village.

§ 36-5 Emergency operations center.

The Village of Bellevue's designated emergency operations center (Village EOC) shall be the Public Safety Building to be located at the intersection of County Trunk JJ (Eaton Road) and Ontario Road (3100 Eaton Road) in the Village of Bellevue. An alternate site shall be the Village Fire Station No. 2 located at 1811 Allouez Avenue.

§ 36-6 Continuity of government.

A. 
The Village of Bellevue recognizes the need to carry out government in the event of certain emergencies and at times of war or self-defense. As such, this section provides for continuity of office for those elected and appointed officials within the Village.
B. 
One of the single most important elements for achieving continuity of government is the preservation of leadership. In order to ensure continuity of local government operations in periods of emergency, it is necessary to provide for prompt and temporary succession to the powers and duties of public offices.
C. 
Definitions specific to this section. As used in this section, the following terms shall have the meanings indicated:
ATTACK
Any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner by sabotage or by the use of bombs, missiles, shellfire, or atomic, radiological, chemical, bacteriological, or biological means or other weapons or processes.
DULY AUTHORIZED DEPUTY
A person who is presently authorized to perform all of the functions, exercise all of the powers and discharge all of the duties of an office in the event the office is vacant or at such times as it lacks administration due to the death, absence or disability of the incumbent officer.
EMERGENCY INTERIM SUCCESSOR
A person designated pursuant to this section for possible temporary succession to the powers and duties, but not the office, of a Village officer in the event that such officer or any duly authorized deputy is unavailable to exercise the powers and discharge the duties of the office.
UNAVAILABLE
Either a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office or the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office.
D. 
Applicability. This section shall be used in the event of any attack, illness resulting in quarantine, death, incapacitation, and major designated emergencies where officials are unable or unavailable to carry out their offices or duties due to these situations. This includes temporary absences from the country, state, or county in cases where the federal government enlists emergency travel restrictions upon its citizens.
E. 
Ability to carry out voting by telecommunication. During any attack, quarantine, absence due to travel restrictions imposed by federal order, or in the event of Village declared emergencies, the Village Board shall have at its own discretion the ability to carry on a voice vote via telecommunications. This includes but is not limited to telephone, secured e-mail, video conference and video phone.
F. 
Designation, status, qualifications, and term of emergency interim successors.
(1) 
Elective officers/officials. Within 30 days after first entering upon the duties of his/her office, each member of the Village Board and all Village elected officers shall, in addition to any duly authorized deputy, designate such number of emergency interim successors to his/her office and specify their rank in order of succession after any duly authorized deputies or emergency interim successors or combination thereof for the office. All elected officers/officials shall designate one deputy and at least one alternate emergency interim successor.
(2) 
Appointive officers. The Village Board shall, in addition to any authorized deputy, designate for appointive officers such number of emergency interim successors or combination thereof for each officer. For fire staff and law enforcement officers such appointments shall be in ordinance by position and consistent with any state statute or administrative code.
(3) 
Qualifications. No person shall be designated or serve as a deputy or as an emergency interim successor unless he/she may under the constitution and statutes of this state and the ordinances of this Village hold the office of the person to whose powers and duties he/she is designated to succeed, but no provision of any ordinance prohibiting an officer or employee of this Village from holding another office shall be applicable to an emergency interim successor.
(4) 
Status of emergency interim successor. A person designated as an emergency interim successor holds that designation at the pleasure of the designator, provided that he must be replaced if removed. He shall retain this designation as emergency interim successor until replaced by another appointed by the authorized designator.
G. 
Assumption of powers and duties of officer by emergency interim successor. If, in the event of an attack, any officer named in conjunction with this section and any authorized deputy are unavailable, his/her emergency interim successor highest in rank in order of succession who is not unavailable shall, except for the power and duty to appoint emergency interim successors, exercise the powers and discharge the duties of such an officer. An emergency interim successor shall exercise these powers and discharge these duties only until such time as the lawful incumbent officer or any authorized deputy or an emergency interim successor higher in rank in order of succession exercises, or resumes the exercise of, the powers and discharge of the duties of the office or until, where an actual vacancy exists, a successor is appointed to fill such vacancy or is elected and qualified as provided by law. For emergency meetings held using emergency interim successors, the most senior existing elected board member (not an emergency interim successor) shall run any meetings. In the extremely unlikely event no incumbent elected leaders are present and all spots are being filled by emergency interim successors, a vote shall be held as to who shall run any meeting.
H. 
Recording and publication. The name, address and rank in order of succession of each duly authorized deputy shall be filed with the Village Clerk-Treasurer, and each designation, replacement or change in order of succession of an emergency interim successor shall become effective when the designator files with the Village Clerk-Treasurer the successor's name, address and rank in order of succession. The Village Clerk-Treasurer shall keep on file all such data regarding duly authorized deputies and emergency interim successors and it shall be open to public inspection. Such data shall be reviewed annually following the election cycle and updated as such.
I. 
Formalities of taking office. At the time of their designation, emergency interim successors shall take such oath and do such other things, if any, as may be required to qualify them to exercise the powers and discharge the duties of the office to which they may succeed.
J. 
Responsibility of public office. Elected and appointed officials are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this state and carry out impartially the laws of the nation, state and municipality, to observe in their official acts the highest standards of morality, and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their prime concern. Their conduct in both their official and private affairs should be above reproach so as to foster respect for all government. Emergency successors shall be bound by the same laws and virtues as elected and appointed officials.
K. 
Officials to have interim emergency successors. The following offices by designation shall have appointed interim emergency successors: the President, Village Trustee, Clerk-Treasurer, Village Administrator, Fire Chief, and Director of Public Works.
L. 
Limitations of deputies and emergency interim successors.
(1) 
To maintain the independence of office and duties, limitations shall be made as to the selection of deputies and emergency interim successors. No relatives, spouses, or cohabitated individuals of elected or appointed officers shall be eligible to be assigned as a deputy or emergency interim successor. For this subsection, "relative" has the definition as follows: a person related by blood as a first cousin or closer in kinship, or a person related by blood to one's spouse as a first cousin or closer in kinship, or a person who through adoption is related to one's self or one's spouse as a first cousin or closer in kinship, and those persons considered stepchildren, stepbrother/sister, and stepmother/father under common definition.
(2) 
All deputies and emergency interim successors must be eligible for office under the federal and state constitutions, applicable laws of the federal and state government, and any applicable county or local ordinances defining qualifications.
M. 
Preclusions from assignment of deputy or emergency interim successors. This section shall not be construed as to allow an elected or appointed official to remain in office during events that otherwise would legally remove such individuals or preclude such individuals from exercising their office.
N. 
Quorum and vote requirements in the event of attack. In the event of any attack on soil of the United States, quorum requirements shall be suspended, and where affirmative vote of a specified proportion of members for approval of an ordinance, resolution, or other action would otherwise be required, the same proportion of those voting thereon shall be sufficient.

§ 36-7 Applicability.

This chapter shall apply to all predesignated and actual declared emergencies within the Village of Bellevue. This chapter shall serve as a baseline, and all other Village ordinances, state statutes, and state administrative codes shall become, by reference, part of this chapter.