[Ord. No. 040913B §1, 9-13-2004]
There is hereby created within and for the City of Willard,
Missouri, an Emergency Management Organization to be known as the
City of Willard Emergency Management Office which is responsible for
the preparation and implementation of emergency functions required
to prevent, minimize and repair injury and damage due to disasters,
to include emergency management of resources and administration of
such economic controls as may be needed to provide for the welfare
of the people and emergency activities (excluding functions for which
military forces are primarily responsible) in accordance with Chapter
44, RSMo., and the Missouri Emergency Operations Plan adopted thereunder.
[Ord. No. 040913B §2, 9-13-2004]
This office shall consist of a Director and other members appointed
by the Mayor of the City of Willard, with the approval of the Board
of Aldermen, to conform to the State organization and procedures for
the conduct of emergency operations as outlined in the Missouri Emergency
Operations Plan.
[Ord. No. 040913B §3, 9-13-2004]
The organization shall perform emergency management functions
within the territorial limits of the City of Willard, Missouri, and
may conduct these functions outside the territorial limits as directed
by the Governor during the time of emergency pursuant to the provisions
of Chapter 44, RSMo., and supplements thereto.
[Ord. No. 040913B §4, 9-13-2004]
A.
The
Director will be appointed by the Mayor, with the approval of the
Board of Aldermen, and shall serve during the pleasure of the Board
of Aldermen.
B.
The
Director shall have direct responsibility for the organization, administration
and operations of local emergency management activities.
C.
The
Director shall be responsible for maintaining records and accounting
for the use and disposal of all items of equipment placed under the
jurisdiction of the Emergency Management Office.
[Ord. No. 040913B §5, 9-13-2004]
A.
The
Mayor of the City of Willard, Missouri, and the Director, in accordance
with Chapter 44, RSMo., may:
1.
Appropriate and expend funds, make contracts, obtain and distribute
equipment, materials and supplies for emergency management purposes;
provide for the health and safety of persons, including emergency
assistance to victims of natural and manmade disasters or national
emergency; the safety of property; and direct and coordinate the development
of disaster plans and programs in accordance with the policies and
plans of the Federal and State government;
2.
In the event of a national emergency or severe local emergency endangering
public health, welfare, life or public property, waive the normal
purchasing/supply requisition procedures, upon approval of the Mayor
of the City of Willard and in accordance with State Statutes and any
local emergency procurement procedures formally adopted by the City
of Willard;
3.
Appoint, provide or remove rescue teams, auxiliary fire and police
personnel and other emergency operations teams, units or personnel
who may serve without compensation;
4.
With the approval of the Governor and consistent with the Missouri
Emergency Operations Plan, enter into mutual-aid agreements with other
public and private agencies within and without the State for reciprocal
emergency aid;
5.
Accept donated goods/services to benefit disaster victims and services,
materials, equipment, supplies or funds granted or loaned by the Federal
Government for disaster mitigation, preparedness, response and recovery
purposes.
[Ord. No. 040913B §6, 9-13-2004]
No person shall be employed or associated in any capacity in
any organization established under this act who advocates or has advocated
a change by force or violence in the constitutional form of the government
of the United States or in this State or the overthrow of any government
in the United States by force or violence or has been convicted of
or is under indictment or information charging any subversive act
against the United States. Each person who is appointed to serve in
an organization shall, before entering upon his/her duties, take an
oath, in writing, before a person authorized to administer oaths in
this State, which oath shall be substantially as follows:
"I, _______________, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the Constitution
of the State of Missouri against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same; 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 a member of any political party or
organization that advocates the overthrow of the government of the
United States or of this State by force or violence; and that during
such a time as I am a member of the City of Willard Emergency Management
Office, 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 of this State by force or violence."
[Ord. No. 040913B §7, 9-13-2004]
The Mayor of the City of Willard, Missouri, is authorized to
designate space in the City owned or leased building for the City
of Willard Emergency Management Office.
A.
LAW ENFORCEMENT OFFICER
REQUESTING ENTITY
SENDING AGENCY
For
purposes of this Section, the following terms mean:
Any public servant having both the power and duty to make
arrests for violations of any ordinance or law of this State, and
any Federal Law Enforcement Officer authorized to carry firearms and
to make arrests for violations of the laws of the United States.
Any Law Enforcement Agency or entity within this State empowered
by law to maintain a Law Enforcement Agency.
A Law Enforcement Agency that has been requested to provide
assistance by a requesting entity.
B.
Whenever
any Law Enforcement Agency enters into a mutual aid arrangement or
agreement with another entity as provided in Section 44.090, RSMo.,
any Law Enforcement Officer assisting the requesting entity shall
have the same powers of arrest as he or she has in his or her own
jurisdiction and the same powers of arrest as officers of the requesting
entity. Such powers shall be limited to the location where such services
are requested to be provided, for the duration of the specific event,
and while acting under the direction of the requesting entity's Chief
Law Enforcement Officer or his or her designee.
C.
Any
Law Enforcement Officer assisting a requesting entity under a mutual
aid arrangement or agreement under Section 44.090, RSMo., shall be
deemed an employee of the sending agency and shall be subject to the
workers' compensation, overtime, and expense reimbursement provisions
provided to him or her as an employee of the sending agency.
D.
Any
Law Enforcement Officer assisting a requesting entity under a mutual
aid arrangement or agreement under Section 44.090, RSMo., shall enjoy
the same legal immunities as an officer of the requesting entity,
including sovereign immunity, official immunity, and the public duty
doctrine.
E.
Nothing
in this Section shall be construed to limit the powers of arrest provided
to a Law Enforcement Officer by any other law.
