[HISTORY: Adopted by the Village Board of the Village of Wrightstown 11-3-2008 by Ord. No. 11032008. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch. 28.
Police Department — See Ch. 50.
A. 
To ensure that the Village of Wrightstown will be prepared to cope with emergencies resulting from enemy action, natural disasters, and 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 166 of the Wisconsin Statutes.
B. 
Situations. The Village of Wrightstown is exposed to many hazards, all of which have the potential to disrupt the community, cause damage and create casualties. Possible natural hazards include snowstorms, floods, tornadoes, downbursts and other violent storms, and earthquakes. There is also the threat of war-related incidents such as a nuclear, biochemical, or conventional attack. Other disaster situations could develop from a hazardous materials accident, major transportation accident, terrorism, Flu Pandemic, or civil disorder.
C. 
Assumptions.
(1) 
The Wisconsin Statutes delineate the responsibility of the Village to protect life and property. Local government has the primary responsibility for its own emergency management activities. When the emergency exceeds the local and county government's capability to respond, assistance will be requested from the state government. The federal government will provide assistance to the state, when appropriate.
(2) 
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 Wrightstown to plan for and to be prepared to carry out disaster response and short-term recovery operations on an independent basis.
(3) 
A major emergency can exhaust the resources of a single jurisdiction or directly impact more than one jurisdiction; it may require resources from numerous agencies and levels of government.
As used in this chapter, the following terms shall have the meanings indicated:
CIVIL DEFENSE
All measures undertaken by or on behalf of the state and its subdivisions to prepare for and minimize the effect of enemy action upon the civilian population.
EMERGENCY
Any event which threatens to or actually does inflict damage to property or people, or causes extensive environmental damage.
EMERGENCY MANAGEMENT
Includes civil defense and means all measures undertaken by or on behalf of the state and its subdivisions, including towns, villages, and cities:
A. 
To prepare for and minimize the effort of enemy action and natural or man-made disaster upon the civilian population;
B. 
To effectuate emergency repairs to, or the emergency restoration of, vital public utilities and facilities destroyed or damaged by such action or disaster.
ENEMY ACTION
Any hostile action taken by a foreign power which threatens the security of the United States of America, State of Wisconsin, or any portion thereof.
NATURAL DISASTER
Includes all other extraordinary misfortunes affecting the Village of Wrightstown, natural technological or man-made, not included in the term "enemy action."
This chapter adopts the Brown County Ordinance (Emergency Management for Brown County), the Outagamie County Ordinance (Emergency Management for Outagamie County) and Chapter 166 of the Wisconsin Statutes (Emergency Management), and any amendments thereto, by reference, as applicable to the Village.
Any existing mutual aid agreement between the Village and any political subdivision in either Brown or Outagamie County, Wisconsin will not be effected by this chapter.
A. 
The Village Board shall, hereby, designate a Municipal Emergency Management Coordinator (individually referred to herein as "Coordinator") for the Village of Wrightstown. The Coordinator shall have the duties and responsibilities set forth herein as it relates to the Village.
B. 
Term, appointment and status of the Coordinator.
(1) 
Appointment. The Coordinator shall be designated by the Village President, with approval from the Village Board of Trustees.
(a) 
The term of Coordinator shall be for an indefinite period and shall commence and end at the will and discretion of the Village Board of Trustees.
(b) 
Any new Coordinator, if not already trained, shall complete the necessary National Incident Management System and Incident Command System Training up to ICS 400/IS800.
(c) 
The Coordinator can choose to assign the regular, hourly, administrative duties of the Coordinator to the Village Administrator, whereby the Village Administrator assumes the duties of Emergency Management Coordinator for the purpose of executing emergency management administrative tasks during normal business hours.
(d) 
The Village Board can choose to appoint the Village Administrator as the Emergency Management Coordinator and have those duties reflected in the Administrator's job description.
(2) 
In the absence of the Coordinator, the Village Administrator shall assume the complete role of the Coordinator. Any new Village Administrator, if not already trained, shall complete necessary National Incident Management System and Incident Command System Training (up to ICS 400/IS 800). In the event of this absence, the term of Interim Coordinator shall only be until the Coordinator is able/willing to resume his/her authority and responsibilities.
(3) 
In the absence of the Village Administrator, the Director of Public Works shall assume the role of Emergency Management Coordinator. Any newly hired Director of Public Works, if not already trained, shall complete necessary National Incident Management System and Incident Command System Training (up to ICS 300/IS-800). In the event of these absences, the term of Interim Coordinator shall only be until the Coordinator or Village Administrator, is able/willing to resume his/her authority and responsibilities.
(4) 
In the absence of either/both the Village Administrator and the Director of Public Works, the Clerk/Treasurer shall assume the role as Emergency Management Coordinator. Any newly hired Clerk/Treasurer, if not already trained, shall complete necessary National Incident Management System and Incident Command System Training (up to ICS 300/IS800). In the event of these absences, the term of Interim Coordinator shall only be until the Coordinator, Village Administrator, or Director of Public Works is able/willing to resume his/her authority and responsibilities.
The Coordinator in his/her capacity shall, subject to the policy, oversight and direction of the Village Board, perform the following on behalf of the Village:
A. 
With assistance, develop and promulgate emergency operations plans and annexes for the Village in compliance with the laws of the State of Wisconsin and the federal laws, as well as being consistent with planning guidance issued by the Wisconsin Division of Emergency Management and Federal Emergency Management Agency, as necessary, and consistent with County of Brown/Outagamie Wisconsin Emergency Management Plan(s).
B. 
Coordinate and assist with, when requested, the development of Village emergency operations plans within the county, and coordinate such plans with the County plan(s).
C. 
Direct the Village emergency management programs and coordinate programs with the county representatives.
D. 
Assist in conducting Village-wide emergency management training programs and exercises within the Village.
E. 
Advise the county and, if necessary, the State Emergency Management Administrator of all emergency management planning for the Village's necessary management or emergency services and render such reports as may be required by the County or State Administrator.
F. 
Perform such other duties relating to emergency management as may be required by the Village Board, the Public Safety Committee of the Village, the counties, or the state.
G. 
In the case of a state of emergency proclaimed by the President of the United States, the Governor of Wisconsin, the Brown/Outagamie County Administrator(s), or the Village President, the Coordinator shall coordinate the Village emergency management activities, subject to the coordinating authority of the County or State Administrator of the Wisconsin Division of Emergency Management.
H. 
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 either the Village or county(s) emergency operations center).
I. 
When appropriate, declare a localized municipal Village emergency and, within 48 hours working with the Village Clerk, to ensure a meeting with a quorum of the Village Board of Trustees meeting is held to ratify such a declaration.
J. 
The Coordinator shall be a mobilizer 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 Brown/Outagamie County(s) Emergency Operations Center(s) and coordination with other municipal emergency management coordinators, as well as working with the various incident commanders or unified command structure operating at incident (s) within the Village's political limits.
K. 
The Coordinator shall not act as an incident commander and is not deemed as a deputy for the Department of Commerce or Department of Justice in matters of emergency medical, fire, or law enforcement. Powers will be limited to those expressly defined in state statute and be consistent with the respective county(s) emergency management plan(s) and objectives so as not to conflict with duties outlined in state statute, federal regulations, or directives from governors or presidents.
L. 
Manage and chair the Emergency Management Coordinating Staff Team.
A. 
The incident command system (ICS) shall be used in management of all emergencies within the Village of Wrightstown. Once an emergency is declared, the incident commander(s) and Emergency Management Coordinator 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 Wrightstown; the Village of Wrightstown Coordinator or the appropriate 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(s) level plan(s).
A. 
The Village Board shall direct the Coordinator/Village Administrator to create a Village Emergency Management Coordinating Staff Team (collectively referred to herein as "Coordinating Team"). The Coordinating Team shall meet at a minimum of quarterly, and consist of the following members: Emergency Management Coordinator, Village President, Village Administrator, Fire Chief, Police Chief, Public Works Director, and Public Information Officer (Village Clerk). The Brown/Outagamie County Emergency Management Coordinators will be invited to all committee meetings to serve as advisors to the Coordinating Team.
B. 
Responsibilities of the Coordinating Team shall be as follows:
(1) 
Review and revise the Village's emergency plans, as necessary, and as a regular course of Coordinating Team business. The Coordinating Team shall have authority to draft such plans and forward them to the Village Board of Trustees for ratification.
(2) 
The Coordinating Team shall be responsible for monitoring the Village's emergency preparedness and preparing quarterly reports for such to the Village Board.
(3) 
The staff team shall be responsible for organizing a Municipal Emergency Management Resource/Support Committee, which will assist/advise the Coordinating Team with the development of a Village disaster plan and a Village emergency operations plan. This Committee will meet yearly to review the Village's disaster plan and emergency operations plan.
C. 
The Coordinator shall be the Chairperson for the Coordinating Team and shall appoint a Deputy Coordinator to be the Coordinating Team's Secretary from the membership of the Coordinating Team.
D. 
There is not a need for a quorum of the Coordinating Team to hold meetings. The committee shall be managed and function under the format of Robert's Rules of Order.
A. 
The Coordinating Team shall organize a Emergency Management Resource/Support Team to assist/advise the Coordinating Team with the following:
(1) 
Emergency operations planning.
(2) 
Resource identification.
(3) 
Emergency preparedness training.
(4) 
Preparation and review of Village disaster plan.
(5) 
Preparation and review of Village emergency operations plan.
B. 
The Resource/Support Team shall consist of the Village's Coordinating Staff Team, as well as the following, and/or their designated representatives: Wrightstown public and private schools, emergency medical services, utilities, local industry, retail business, and relevant aid organizations.
A. 
Policy. In preparing and executing the emergency management program, the services, equipment, supplies, and facilities of the existing departments and agencies of the Village shall be utilized to the maximum extent practicable; and the officers and personnel of all such departments and agencies are directed to cooperate with and extend such services and facilities as are required of them.
B. 
Responsibility. In order to assure that in the event of an emergency all the facilities of the existing Village management are expanded to the fullest to meet such emergency, the Coordinator shall assign specific responsibilities to various department heads and Village officers and appoint them Directors of the Municipal Emergency Management Plan. The Coordinator will assist them in organizing and planning for the expansion of their departments and offices prior to and during an emergency and for recruiting necessary emergency management volunteers to supplement regular department employees. Nothing in this section shall be construed so as to limit the Coordinator from immediately commencing organizational and planning programs as required in the Emergency Management I Emergency Operations Plan.
C. 
Authority. The Coordinator is hereby granted authority for up to 72 hours to bypass the normal Village purchase policies for bidding and contracting. The Coordinator shall be allowed emergency contracting approval authority during and preceding any event following declaration of an emergency by said Coordinator up to 72 hours. "Emergency approval authority" means the ability to approve purchase of services, supplies, and materials for the purpose of stabilizing the emergency event, initiating consequence management, or recovery of persons, property or to limit further environmental damage. This spending approval authority is limited to these situations for which an emergency has been declared and is unlimited in terms of monetary sum. All expenditures must be conducted within the incident management structure as prescribed by the National Incident Management System, and must be initiated through the incident command structure and managed through a finance section officer as is consistent with the Village Emergency Operations Plan. The Emergency Management Coordinator shall be an approval arm and shall not make any direct purchases. (Example: Incident commander (fire, law enforcement or Public Works official) requests emergency purchases through finance section chief (Village Treasurer) under the incident command system. Finance section chief initiates purchase order and has such approved by the Emergency Management Coordinator.)
For purposes of protecting citizens of the Village of Wrightstown, the Emergency Management Coordinator, in the event of a declared emergency, may give certain citizens special authority under this chapter. This includes citizens' groups and any department within the Village government. The Coordinator shall be granted special hiring authority in addition to those spending authorities already defined above.
A. 
Designation as Village employees. The Coordinator, in times of emergencies, shall have the authority to hire any needed employee, without prior approval, during emergencies. Such hiring shall be temporary and only in place as long as necessary. The authority shall also enable the Coordinator to authorize overtime and hours of service as necessary in response to the emergency.
B. 
Designation of deputies; Fire Department. The Coordinator shall have the authority, in time of emergencies, to authorize the Fire Chief to hire or subcontract additional emergency resources directly, without regard to Village ordinances relating to the hiring of firefighters and public safety staff. It is recognized that under the Wisconsin Statutes, the Fire Chief has authority to deputize such members to carry out duties of the Fire Department to protect the citizens of Wrightstown. For the purpose of this subsection, Village Board approval of expenditures and candidates shall be waived.
C. 
Designation of deputies; law enforcement. The Coordinator shall be granted the authority, in times of emergencies, to authorize the Police Chief to hire or subcontract additional law enforcement staff to ensure the civil peace within the Village of Wrightstown. It is recognized that under the Wisconsin Statutes, the Police Chief has authority to deputize such members to carry out duties to protect the citizens of Wrightstown. For the purpose of this subsection, Village Board approval of expenditures shall be waived.
The Village of Wrightstown's designated emergency operations center (Village EOC) shall be the Village Fire Station located at 961 Broadway Avenue (County DD) in the Village of Wrightstown. An alternate site shall be the Wrightstown Village Hall located at 529 Main Street. In the event that neither location is available, the Coordinator shall choose the most appropriate location for the new emergency operations center to direct the operations of Village emergency management.
The Village of Wrightstown recognizes the need to carry out management 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. 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.
A. 
Definitions. 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 that 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 that 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.
B. 
Use of § 24-13. 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 management enlists emergency travel restrictions upon its citizens.
C. 
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, telegraph, secured e-mail, video conference and video phone.
D. 
Designation, status, qualifications, term of emergency interim successors.
(1) 
Elective officers/officials. Within 60 days after first entering upon the duties of his I her office, each member of the Village Board and all Village elected officers shall, in addition to any duly authorized deputy, designate emergency interim successors to his I 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 firefighters and police 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/she must be replaced if removed. He/she shall retain this designation as emergency interim successor until replaced by another appointed by the authorized designator.
E. 
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 is unavailable, his/her emergency interim successor highest in rank in order of succession, whom is also 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.
F. 
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.
G. 
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.
H. 
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 management. Emergency successors shall be bound by the same laws and virtues as elected and appointed officials.
I. 
Officials definition. The following offices by designation shall have appointed as interim emergency successors: the Village President, Village Trustee(s), Clerk-Treasurer, Village Administrator, Police Chief, Fire Chief, Director of Public Works and Municipal Judge.
J. 
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 immediate family relatives, spouses, or cohabitated individuals of elected or appointed officers shall be eligible to be assigned as a deputy or emergency interim successors. For this subsection, "relative" has the definition as follows: a person related by blood such as a father, mother, brother, sister, stepfather, stepmother, stepbrother and stepsister, or people related through marriage, such as a spouse. "Cohabitating individuals" are defined as those that are living together, at the same residence, expressing that they are in a romantic relationship, and are not legally married in the State of Wisconsin and have been so for the past 60 days.
(2) 
All deputies and emergency interim successors must be eligible for office under the federal and state constitution, applicable laws of the federal and state management, and any applicable county or local ordinances defining qualifications.
K. 
Preclusions from assignment of deputy or emergency interim successors. This § 24-13 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.
L. 
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.
A. 
It shall be unlawful for any person to willfully obstruct, hinder or delay the enforcement of any order, rule, regulation or plan issued pursuant to this chapter, or to do any act forbidden by any order, rule regulation or plan issued pursuant to the authority contained in this section.
B. 
Any person violating any provision of this chapter shall, upon conviction thereof, be subject to forfeiture as set forth in Chapter 102, Fees and Penalties.
[Amended 4-6-2009 by Ord. No. 04062009]