[HISTORY: Adopted by the Village Board of the Village of
Wrightstown 11-3-2008 by Ord. No. 11032008. Amendments noted
where applicable.]
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:
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.
Any event which threatens to or actually does inflict damage
to property or people, or causes extensive environmental damage.
Includes civil defense and means all measures undertaken
by or on behalf of the state and its subdivisions, including towns,
villages, and cities:
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.
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:
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.
ATTACK
DULY AUTHORIZED DEPUTY
EMERGENCY INTERIM SUCCESSOR
UNAVAILABLE
Definitions. 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 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.
