[Ord. No. 891 §1, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
There is hereby created within and for the City of Hermann an
emergency management organization to be known as the Hermann Emergency
Management Agency. The Agency shall be responsible for preparation
and implementation of emergency functions required to prevent injury
and minimize and repair damage due to disasters, 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., 1999, and supplements thereto,
and the Missouri Emergency Operations Plan adopted thereunder.
[Ord. No. 891 §2, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
The Agency shall consist of a Director, who shall perform the
functions of the "Coordinator" as required by Section 44.080, RSMo.,
and other members appointed by the City Administrator or Mayor consistent
with the requirements of Chapter 44, RSMo., and the organization and
procedures for the conduct of emergency operations as provided in
the Missouri Emergency Operations Plan.
[Ord. No. 891 §3, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
The Agency shall perform emergency management functions within
the territorial limits of the City of Hermann, and may conduct these
functions outside of the territorial limits as may be required pursuant
to the provisions of law or as directed by the Governor during a time
of emergency pursuant to the provisions of Chapter 44, RSMo.
[Ord. No. 891 §4, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
A. The Director
shall be appointed by the City Administrator upon approval of the
Board of Aldermen and shall serve at the will of said officials.
B. The Director
shall have direct responsibility for the organization, administration
and operation of local emergency management activities, subject to
the direction and control of the City Administrator or, in the event
of vacancy in said office, the Mayor and Board of Aldermen.
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 Hermann Emergency Management Agency.
D. The Director
shall be responsible for executing and enforcing such orders, rules
and regulations as may be made by the Governor pursuant to the authority
of Sections 44.010 to 44.130, RSMo.
[Ord. No. 891 §5, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
A. The Director,
with the approval of the Board of Aldermen (except in time of emergency
when such approval will not be required), in accordance with Chapter
44, RSMo., may:
1. Appropriate
and expend funds, make contracts, and obtain and distribute equipment,
materials and supplies for emergency management purposes; provide
for the health and safety of persons; 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
Governments;
2. Appoint,
provide or remove rescue teams, auxiliary fire and Police personnel
and other emergency operations teams, units or personnel who may serve
without compensation;
3. Assist
in negotiation of reciprocal mutual-aid agreements between the Hermann
Emergency Management Agency and other public and private agencies
and between the Governor and the adjoining States or political subdivisions
thereof, and carry out arrangements or agreements relating to the
City of Hermann;
4. Accept
services, materials, equipment, supplies or funds granted or loaned
by the Federal or State Governments for disaster planning and operations
purposes; and
5. Develop
effective citizen involvement and recruit, train and accept the services
of volunteers to supplement the programs administered by the Agency,
subject to the requirements and conditions imposed by Section 44.125,
RSMo.
B. The City
Administrator, with the approval of the Governor, may enter into mutual-aid
arrangements or agreements with other public and private agencies
within and without the State for reciprocal emergency aid. Such arrangements
or agreements shall be consistent with the State Disaster Plan and
Program and the provisions of Sections 70.837 and 320.090, RSMo.
C. Neither
the Director nor any other member, agent or employee of the Hermann
Emergency Management Agency shall participate in any form of political
activity in the name of or on behalf of the Agency or while in active
service for the Agency, nor shall the Agency be used directly or indirectly
for political purposes.
[Ord. No. 891 §6, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
No person shall be employed or associated in any capacity in
the Agency or any other organization established under this Chapter
who advocates or has advocated a change by force or violence in the
constitutional form of the Government of the United States or of 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 shall, before entering upon his 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 Hermann Emergency Management Agency,
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. 891 §7, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
The Mayor is authorized to designate appropriate and available
space in City-owned or leased property for the Hermann Emergency Management
Agency office.