There is hereby created the local municipal Emergency Services
and Disaster Agency (ESDA) to prevent, minimize, repair, and alleviate
injury or damage resulting from disaster caused by enemy attack, sabotage,
or other hostile action, or from natural disaster, in accordance with
the Illinois Emergency Management Agency Act (65 ILCS 33-5/1 et seq.),
as amended. The ESDA shall consist of the Director and additional
members to be selected by the Director.
A.
The Director of the Municipal ESDA shall be appointed by the Mayor,
with the consent of the City Council, and shall serve until removed
by the same.
B.
The Director shall have direct responsibility for the organization,
administration, training, and operation of the ESDA, subject to the
direction and control of the Mayor, as provided by statute. In the
event of the absence, resignation, death, or inability to serve of
the Director, the Mayor, or any person designated by him, shall be
and act as Director until a new appointment is made as provided in
this article.
The Municipal ESDA shall perform such civil defense functions
within the municipality as shall be prescribed in and by the state
civil defense plan and program prepared by the Governor, and such
orders, rules and regulations as may be promulgated by the Governor,
and in addition shall perform such duties outside the corporate limits
as may be required pursuant to any mutual aid agreement with any other
political subdivision, municipality or quasi-municipality entered
into as provided by the Illinois Emergency Management Agency Act,
as amended.
A.
All or any members of the Municipal ESDA may be designated as members
of the Mobile Support Team created by the Director of the Illinois
Emergency Management Agency as provided by law.
B.
The leader of such Mobile Support Team shall be designated by the
Director of the Municipal ESDA.
C.
Any member of a Mobile Support Team is a municipal employee or officer
while serving on call to duty by the Governor or the Director of the
Illinois Emergency Management Agency and shall receive the compensation
and have the power, duties, rights, and immunities incidental to such
employment or office. Any such member who is not a paid officer or
employee of the municipality, while so serving, shall receive from
the state reasonable compensation as provided by law.
The director of the ESDA may negotiate mutual aid agreements
with other municipal corporations or political subdivisions of the
state, but no such agreement shall be effective until it has been
approved by the City Council and by the Director of the Illinois Emergency
Management Agency.
If the Governor declares that a civil defense emergency exists
in the event of actual enemy attack upon the United States or the
occurrence within the State of Illinois of major disaster resulting
from enemy sabotage or other hostile action or from natural disaster,
it shall be the duty of the Municipal ESDA to cooperate fully with
the Illinois Emergency Management Agency and with the Governor in
the exercise of emergency powers as provided by law.
Members of the ESDA who are paid employees or officers of the
municipality, if called for training by the Director of the Illinois
Emergency Management Agency, shall receive for time spent in such
training the same rate of pay as is attached to the position held;
members who are not such municipal employees or officers shall receive
for such training time such compensation as may be established by
the City Council.
The State Treasurer may receive and allocate to the appropriate
fund any reimbursement by the state to the municipality for expenses
incident to training members of the ESDA, compensation for services
and expenses of members of a Mobile Support Team while serving outside
the municipality in response to a call by the Governor or Director
of the Illinois Emergency Management Agency, as provided by law, and
any other reimbursement made by the state incident to civil defense
activities, as provided by law.
A.
The City Council may, on recommendation of the Municipal Director
of ESDA, authorize any purchase or contracts necessary to place the
municipality in a position to combat effectively any disaster resulting
from the explosion of any nuclear or other bomb or missile, and protect
the public health and safety, protect property, and provide emergency
assistance to victims in the case of such disaster, or from natural
disaster.
B.
In the event of enemy-caused or natural disaster, the Municipal Director
of ESDA is authorized, on behalf of the municipality, to procure such
services, supplies, equipment, or material as may be necessary for
such purpose, in view of the exigency, without regard to the statutory
procedures or formalities normally prescribed by law pertaining to
municipal contracts or obligations, as authorized by the Emergency
Management Agency Act, provided that if the City Council meets at
such time, he shall act subject to the directions and restrictions
imposed by that body.[1]
Every person appointed to serve in any capacity in the Municipal
ESDA shall, before entering upon his duties, subscribe to the following
oath, which shall be filed with the Director:
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"I, _______________________, Local ESDA Director of the ESDA
of Mendota, Illinois, 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 advocated the overthrow of the government
of the United States or of this state by force or violence; and that
during such time as I am affiliated with the Mendota, Illinois ESDA
I will not advocate nor become a member of any political party or
organization that advocated the overthrow of the government of the
United States or of the state by force or violence."
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The Mayor is authorized to designate space in the City Hall
or elsewhere as may be provided for by the City Council for the Municipal
ESDA as its office.
[Amended by Ord. No. 04-06-15A]
The City Council may have an appropriation for ESDA purposes
in the manner provided by law, and may levy in addition, for ESDA
purposes only, a tax not to exceed $0.05 per $100 of the assessed
value of all taxable property in addition to all other taxes, as provided
by the Emergency Management Agency Act, as amended.
