There is hereby created within and
for the City of Smithville an emergency management organization to
be known as the "Smithville Emergency Management Organization," which
is responsible for the preparation and implementation of emergency
functions required to prevent injury and minimize and repair damage
due to disasters, to include emergency management of resources and
administration of such economic controls as may be needed to provide
for the welfare of the people, and emergency activities (excluding
functions for which military forces are primarily responsible) in
accordance with Chapter 44, RSMo., and supplements thereto, and the
Missouri Emergency Operations Plan adopted thereunder.
This agency shall consist of a Director
and other members appointed to the Smithville Emergency Management
Organization to conform to the State organization and procedures for
the conduct of emergency operations as outlined in the Missouri Emergency
Operations Plan.
The Organization shall perform emergency
management functions within the City of Smithville and may conduct
these functions outside the territorial limits as directed by the
Governor during the time of emergency pursuant to the provisions of
Chapter 44, RSMo., and supplements thereto.
A.Â
The Director will be appointed by the City
Administrator and shall serve at the pleasure of the City Administrator.
B.Â
The Director shall have direct responsibility
for the organization, administration and operations of local emergency
management operations, subject to the direction and control of the
City Administrator or Board of Aldermen.
C.Â
The Director shall be responsible for maintaining
records and accounting for the use and disposal of all items of equipment
placed under the jurisdiction of the Smithville Emergency Management
Organization.
A.Â
The City of Smithville in accordance with
Chapter 44, RSMo., may:
1.Â
Appropriate and expend funds, make
contracts, obtain and distribute equipment, materials and supplies
for emergency management purposes; provide for the health and safety
of persons, the safety of property; and direct and coordinate the
development of disaster plans and programs in accordance with the
policies and plans of the Federal and State Governments; and
2.Â
Appoint, provide or remove rescue
teams, auxiliary fire and police personnel and other emergency operation
teams, units or personnel who may serve without compensation.
The Mayor or Public Safety Agency
may enter into mutual aid arrangements or agreements with other public
and private agencies within and without the State for reciprocal emergency
aid as authorized in Section 44.090, RSMo.
The City Administrator may, with
the consent of the Governor, accept services, materials, equipment,
supplies or funds gifted, granted or loaned by the Federal Government
or an officer or agency thereof for emergency management purposes,
subject to the terms of the offer.
No person shall be employed or associated
in any capacity in the Smithville Emergency Management Organization
who advocates or has advocated a change by force or violence in the
constitutional form of the Government of the United States or in this
State or the overthrow of any Government in the United States by force
or violence, or has been convicted of or is under indictment or information
charging any subversive act against the United States. Each person
who is appointed to serve in the Smithville Emergency Management Organization
shall, before entering upon his/her duties, take an oath, in writing,
before a person authorized to administer oaths in this State, which
oath shall be substantially as follows:
"I, ____________________, do solemnly
swear (or affirm) that I will support and defend the Constitution
of the United States and the Constitution of the State of Missouri
against all enemies, foreign and domestic; that I will bear true faith
and allegiance to the same; 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
I 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 a time as I am a member
of the Smithville Emergency Management 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."
The City Administrator is authorized
to designate space in any City-owned or leased building for the Smithville
Emergency Management Organization.
A.Â
LAW ENFORCEMENT OFFICER
REQUESTING ENTITY
SENDING AGENCY
For purposes of this Section, the following
terms mean:
Any public servant having both the power and duty to make
arrests for violations of any ordinance or law of this State, and
any Federal Law Enforcement Officer authorized to carry firearms and
to make arrests for violations of the laws of the United States.
Any Law Enforcement Agency or entity within this State empowered
by law to maintain a Law Enforcement Agency.
A Law Enforcement Agency that has been requested to provide
assistance by a requesting entity.
B.Â
Whenever any Law Enforcement Agency enters
into a mutual aid arrangement or agreement with another entity as
provided in Section 44.090, RSMo., any Law Enforcement Officer assisting
the requesting entity shall have the same powers of arrest as he or
she has in his or her own jurisdiction and the same powers of arrest
as officers of the requesting entity. Such powers shall be limited
to the location where such services are requested to be provided,
for the duration of the specific event, and while acting under the
direction of the requesting entity's Chief Law Enforcement Officer
or his or her designee.
C.Â
Any Law Enforcement Officer assisting a
requesting entity under a mutual aid arrangement or agreement under
Section 44.090, RSMo., shall be deemed an employee of the sending
agency and shall be subject to the workers' compensation, overtime,
and expense reimbursement provisions provided to him or her as an
employee of the sending agency.
D.Â
Any Law Enforcement Officer assisting a
requesting entity under a mutual aid arrangement or agreement under
Section 44.090, RSMo., shall enjoy the same legal immunities as an
officer of the requesting entity, including sovereign immunity, official
immunity, and the public duty doctrine.
E.Â
Nothing in this Section shall be construed
to limit the powers of arrest provided to a Law Enforcement Officer
by any other law.