There is hereby created within and for the City of Smithville an emergency management organization to be known as the "Smithville Emergency Management Organization," which is responsible for the preparation and implementation of emergency functions required to prevent injury and minimize and repair 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 supplements thereto, and the Missouri Emergency Operations Plan adopted thereunder.
This agency shall consist of a Director and other members appointed to the Smithville Emergency Management Organization to conform to the State organization and procedures for the conduct of emergency operations as outlined in the Missouri Emergency Operations Plan.
The Organization shall perform emergency management functions within the City of Smithville 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.
The Director will be appointed by the City Administrator and shall serve at the pleasure of the City Administrator.
The Director shall have direct responsibility for the organization, administration and operations of local emergency management operations, subject to the direction and control of the City Administrator or Board of Aldermen.
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 Smithville Emergency Management Organization.
The City of Smithville in accordance with Chapter 44, RSMo., may:
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, 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; and
Appoint, provide or remove rescue teams, auxiliary fire and police personnel and other emergency operation teams, units or personnel who may serve without compensation.
The Mayor or Public Safety Agency may enter into mutual aid arrangements or agreements with other public and private agencies within and without the State for reciprocal emergency aid as authorized in Section 44.090, RSMo.
The City Administrator may, with the consent of the Governor, accept services, materials, equipment, supplies or funds gifted, granted or loaned by the Federal Government or an officer or agency thereof for emergency management purposes, subject to the terms of the offer.
No person shall be employed or associated in any capacity in the Smithville Emergency Management Organization 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 the Smithville Emergency Management 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 Smithville Emergency Management Organization, 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."
The City Administrator is authorized to designate space in any City-owned or leased building for the Smithville Emergency Management Organization.
For purposes of this Section, the following terms mean:
- LAW ENFORCEMENT OFFICER
- 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.
- REQUESTING ENTITY
- Any Law Enforcement Agency or entity within this State empowered by law to maintain a Law Enforcement Agency.
- SENDING AGENCY
- A Law Enforcement Agency that has been requested to provide assistance by a requesting entity.
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.
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.
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.
Nothing in this Section shall be construed to limit the powers of arrest provided to a Law Enforcement Officer by any other law.