[CC 2000 §2-1-1; CC 1974 §6-1]
For the purposes of this Chapter, the term "Chief Executive
Officer" shall mean the Mayor, City Clerk or other official
appointed by the Board of Aldermen or elected by the public to administer
the City Government and its operation.
There is hereby created within and for the City of Vinita Park
an emergency management organization to be known as the Vinita Park
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
by the Vinita Park 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 Vinita Park 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.
[CC 2000 §2-1-4; CC 1974 §§6-4, 6-7 —
6-8; Ord. No. 651, 10-15-1984]
A. Appointment — Term Of Office. The Director of Emergency
Operations shall be appointed by the Mayor, with the approval of the
Board of Aldermen, and shall serve until removed by the Mayor, with
the approval of the Board of Aldermen.
B. Powers And Duties.
1. The Director shall have such responsibilities for the organization,
administration and operation of the Municipal Emergency Operations
Management Agency as is delegated by the Chief Executive Officer subject
to the direction and control of the Mayor, as provided by State law.
2. The Director may appoint, without compensation, or remove any personnel
needed by the organization for the proper function of its duties.
3. In the event of an "emergency", as defined in Section 44.010, RSMo.,
the Director of Emergency Operations is authorized, on behalf of the
City, to procure such services, supplies, equipment or material as
may be necessary for coping with the emergency, without regard to
the statutory procedures or formalities normally prescribed by law
pertaining to City contracts or obligations as authorized by Chapter
44, RSMo.; provided, that if the Board of Aldermen meets at such time,
the Director shall act subject to the directions and restrictions
imposed by that body.
The Mayor 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.
[CC 2000 §2-1-8; CC 1974 §6-10]
In the event of an event of catastrophic nature, the Mayor or
Board of Aldermen may waive any time-consuming procedures and formalities
otherwise required by Statute pertaining to advertisement for bids
for the performance of public work or entering into contracts.
The Mayor of the City 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 Vinita Park 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 Vinita Park 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 Vinita Park 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 Mayor or Board of Aldermen is authorized to designate space
in any City-owned or leased building for the Vinita Park Emergency
Management Organization.