There is hereby created the Lincolnwood Emergency Management
Agency to prevent, minimize, repair and alleviate injury or damage
resulting from disaster caused by enemy attack, sabotage or other
hostile action, or from natural or man-made disaster, in accordance
with the Illinois Emergency Management Act, 20 ILCS 3305/1 et seq.
This Emergency Management Agency will consist of a Coordinator,
Deputy Coordinator, and such other persons as the functions of the
Agency shall require, all of whom shall be appointed by the Village
President for an undetermined term and be subject to discharge with
or without cause. All persons appointed hereunder shall serve without
compensation but may be reimbursed for such reasonable and necessary
expenses as they actually incur in the performance of their duties.
The Coordinator shall be the coordinating head of the Agency
and shall be charged with and have direct responsibility for the organization,
administration, training and operation of the Lincolnwood Emergency
Management Agency, subject to the direction and control of the Village
Manager.
In the event of the absence, resignation, death or inability
of the Coordinator to serve, the Deputy Coordinator shall act as,
and perform the duties of, the Coordinator until another Coordinator
is appointed.
The Coordinator of the Emergency Management Agency, with the
advice and consent of the Village Manager, may create a mobile support
team composed of an indeterminate number of qualified persons whose
functions shall be to aid the Village and areas stricken by such disaster
as are hereinbefore enumerated, and such team shall be subject to
serve at the call of the Governor, and in addition shall perform such
duties as may be required pursuant to any mutual aid agreement with
any other political subdivision entered into as provided in the State
ESDA Act of 1975.
The Coordinator of the Emergency Management Agency may negotiate
mutual aid agreements with other political subdivisions of the state,
but no such agreement shall be effective until it has been approved
by the Village Board.
All or any members of the Emergency Management Agency may be
designated members of a mobile support team created by the Director
of the Illinois Emergency Management Agency as provided by law.
The leader of such mobile support team shall be designated by
the Coordinator of the Emergency Management Agency.
Any member of a mobile support team who is a Village employee
or officer while serving on call to duty by the Governor, or the State
Director, shall receive the compensation and have the powers, duties,
rights and immunities incident to such employment or office. Any such
member who is not a paid officer or employee of the Village, while
so serving, shall receive from the state reasonable compensation as
provided by law.
If the Governor proclaims that a disaster emergency exists in
the event of actual enemy attack upon the United States or the occurrence
within the state of a major disaster resulting from enemy sabotage
or other hostile action, or from man-made or natural disaster, it
shall be the duty of the Emergency Management Agency to cooperate
fully with the Illinois Emergency Management Agency and with the Governor
in the exercise of his or her emergency powers, as provided for by
law.
The Village Board may, on the recommendation of the Village
Coordinator of the Emergency Management Agency, authorize any purchases
or contracts necessary to place the Village in a position to combat
effectively any disaster resulting from the explosion of any nuclear
or other bomb/missile, or from a man-made or natural disaster; to
protect the public health and safety, to secure property, and provide
emergency assistance to victims.
In the event of a disaster, the Village Manager, on recommendation
of the Village Coordinator of the Emergency Management Agency, is
authorized on behalf of the Village, to procure such services, supplies,
equipment or material as may be necessary for such purposes without
regard to the statutory procedures or formalities normally prescribed
by law pertaining to Village contracts or obligations, as authorized
by the Illinois Emergency Management Agency Act.
Each person, whether compensated or noncompensated, who is appointed
to serve in any capacity in the Lincolnwood Emergency Management Agency,
shall, before entering his or her duties, take an oath, in writing,
which shall be filed with the Coordinator.
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I, [insert name], do solemnly swear (or affirm) that I will
support and defend and bear true faith and allegiance to the Constitution
of the United States and the Constitution of the State of Illinois,
and the territory, institutions and facilities thereof, both public
and private, against all enemies, foreign and domestic; that I take
this obligation freely, without any mental reservation or purpose
of evasion; and that I will well and faithfully discharge the duties
upon which I am about to enter. And I do further swear (or affirm)
that I do not advocate, nor am I, nor have I been, a member of any
political party or organization that advocates the overthrow of the
government of the United States or this state by force or violence;
and that during such time as I am affiliated with the Village of Lincolnwood,
I will not advocate nor become a member of any political party or
organization that advocates the overthrow of the government of the
United States or this state by force or violence.
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In carrying out the provisions of this article, the Village
President, the Village Manager and the Village Coordinator of the
Emergency Management Agency are directed to utilize to the fullest
all personnel, equipment, supplies and facilities of the Village in
their preparations for disaster mitigation. All officers and personnel
of the various Village departments are directed, as practicable, to
assist with this mitigation process.
Neither the Village nor, except in cases of negligence or willful
misconduct, the Village President, the Village Trustees, the Village
Manager, nor the officers, employees, volunteers, or representatives
engaged in any emergency management response or recovery activities,
while complying with or attempting to comply with this article or
any rule or regulation promulgated pursuant to this article, is liable
for the death of or any injury to persons, or damage to property,
as a result of such activity. This section does not, however, affect
the right of any person to receive benefits to which he/she would
otherwise be entitled under this article under the Worker's Compensation
Act or the Worker's Occupational Disease Act, or under any pension
law, and this article does not affect the right of any such person
to receive benefits or compensation under any act of Congress.
Any person owning or controlling real estate or other premises
who voluntarily and without compensation grants a license or privilege,
or otherwise permits the designation or use of the whole or any part
or parts of such real estate or premises for the purpose of sheltering
persons during an actual or impending disaster or a mock or practice
disaster response activity, together with his or her successors in
interest, if any, shall not be civilly liable for the death of, or
injury to, any person on or about such real estate or premises under
such license, privilege or other permission, or for loss of, or damage
to the property of such person.
