[HISTORY: Adopted by the Bellevue Board 2-10-2016 by Ord. No. O-2016-03.[1]. Amendments noted where applicable.]
[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Editor’s Note: This ordinance also repealed former Ch.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.
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.
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.
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.
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.
[Amended 12-9-2020 by Ord. No. O-2020-20]
The Village of Bellevue's designated emergency operations
center (Village EOC) shall be the Brown County Emergency Operations
Center located at 3028 Curry Lane in the City of Green Bay. An alternate
site shall be the Public Safety Building located at 3100 Eaton Road
in the Village of Bellevue.
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.
ATTACK
DULY AUTHORIZED DEPUTY
EMERGENCY INTERIM SUCCESSOR
UNAVAILABLE
Definitions specific to this section. As used in this section, the
following terms shall have the meanings indicated:
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.
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.
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.
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.
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.
