There is hereby created within and for the City of Berkeley an emergency management organization to be known as the Berkeley 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 by the Berkeley 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 Berkeley, 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 Mayor with the approval of the City Council and shall serve at the pleasure of the Mayor and City Council.
The Director shall have direct responsibility for the organization, administration and operations of local emergency management activities, subject to the direction and control of the Mayor or City Council.
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 Berkeley Emergency Management Organization.
The City of Berkeley in accordance with Chapter 44, RSMo., may:
Appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for civil defense purposes; provide for the health and safety of persons, including emergency assistance to victims of any enemy attack; 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 Disaster and Emergency Planning.
Appoint, provide, or remove rescue teams, Auxiliary Fire and Police personnel and other emergency operation teams, units, or personnel who may serve without compensation.
In the event of enemy attack, waive the provisions of Statutes requiring advertisements for bids for the performance of public work or entering into contracts.
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 Mayor of the City 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 disaster planning and operations purposes, subject to the terms of the offer.
No person shall be employed or associated in any capacity in the Berkeley 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 Berkeley 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 Berkeley 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 Mayor is authorized to designate space in any City-owned or leased building for the Berkeley Emergency Management Organization.
Editor's Note — Ord. no. 3564 §1, adopted May 6, 2002, repealed section 230.100 in its entirety. Former section 230.100 derived from CC 1961 §4.07; ord. no. 1642 §1, 2-5-68; ord. no. 1783 §1, 6-1-70; ord. no. 3467, 10-4-99. At the editor's discretion, this section has been reserved for the city's future use.