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.
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.
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.