[R.O. 1996 § 225.010]
There is hereby created within and
for the City of Gerald an emergency management organization to be
known as the "Gerald 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.
[R.O. 1996 § 225.020]
This agency shall consist of a Director
and other members appointed by the Gerald 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.
[R.O. 1996 § 225.030]
The organization shall perform emergency
management functions within the City of Gerald, 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.
[R.O. 1996 § 225.040]
A.
The Director will be appointed by the Mayor
and Board of Aldermen and shall serve during the pleasure of the Mayor
and 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 Gerald Emergency Management Organization.
[R.O. 1996 § 225.050]
A.
The City of Gerald in accordance with Chapter
44, RSMo., may:
1.
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.
2.
Appoint, provide, or remove rescue
teams, Auxiliary Fire and Police personnel and other emergency operation
teams, units, or personnel who may serve without compensation;
3.
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.
[R.O. 1996 § 225.060]
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.
[R.O. 1996 § 225.070]
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.
[R.O. 1996 § 225.080]
No person shall be employed or associated
in any capacity in the Gerald 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 Gerald 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 Gerald 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."
[R.O. 1996 § 225.090]
The Mayor is authorized to designate
space in any City-owned or leased building for the Gerald Emergency
Management Organization.
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/she has in his/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/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/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.
