It is the intent and purpose of this chapter to establish an
emergency management team in compliance and in conformity with the
provisions of 37-B M.R.S.A. § 781 et seq. to ensure the
complete and efficient utilization of the Town's facilities and
resources to combat disaster as defined herein.
The following definitions shall apply in the interpretation
of this chapter:
DIRECTOR
The Director of the Town of Cumberland's emergency management
team, appointed as prescribed in this chapter.
DISASTER
The occurrence or imminent threat of widespread or severe
damage, injury or loss of life or property resulting from any natural
or man-made cause, including but not limited to fire, flood, earthquake,
wind, storm, wave action, oil spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air contamination,
critical material shortage, infestation, explosion or riot.
EMERGENCY MANAGEMENT TEAM
The entire group of Town of Cumberland departments working
under this chapter for the preparation for and the carrying out of
all emergency functions, other than functions for which military forces
are primarily responsible, in order to minimize and repair injury
and damage resulting from disasters or catastrophes caused by enemy
or terrorist attacks, sabotage, riots or other hostile action or by
fire, flood, earthquake or other natural or man-made causes. These
functions include, without limitation, firefighting, police, emergency
medical services, emergency welfare, rescue, engineering, public warning
and communications services, evacuation of persons from stricken areas,
allocation of critical materials in short supply, emergency transportation,
other activities related to civilian protection and other activities
necessary to the preparation for the carrying out of these functions.
EMERGENCY MANAGEMENT TEAM FORCES
The employees, equipment and facilities of all Town of Cumberland
departments, boards, institutions and commissions, and in addition
it shall include all volunteer persons, equipment and facilities contributed
by or obtained from volunteer persons or agencies.
The Town Manager shall recommend to the Town Council his/her
appointment for Emergency Management Director; this appointment will
be subject to Council confirmation as outlined in 37-B M.R.S.A. § 782.
The Emergency Management Director shall coordinate the activities
of all Town departments, organizations and agencies for civil emergency
preparedness within the Town and maintain a liaison with other emergency
management agencies and public safety agencies and have such additional
duties as prescribed by the Town Manager.
The Emergency Management Director shall prepare, under the direction
of the Town Manager, such policies as may be deemed necessary for
the administration and operational requirements of the team, which
policies must be approved by the Town Council prior to becoming effective.
All emergency management team forces, while engaged in emergency
management activities, shall be immune from liability, as set forth
in 37-B M.R.S.A. § 822.
All emergency management team forces appointed to specific functions,
whether paid or volunteer, shall be deemed to be employees of the
Town of Cumberland when engaged in training or on duty and shall have
all of the rights of Town employees and will be covered by the Town
of Cumberland's workers' compensation insurance for the duration
of the training or incident. All persons responding to assist the
Town of Cumberland as part of existing mutual aid agreements will
be covered by their employer or by the State of Maine under the Workers'
Compensation Act as set forth in 37-B M.R.S.A. § 823.
At all times when an emergency proclamation is in effect, the
orders, rules and regulations made pursuant to this chapter shall
supersede all existing ordinances, orders, rules and regulations,
insofar as the latter may be inconsistent herewith.