[R.O. 2013 §220.010; CC 1984 §5-1; Ord. No. 388 §2, 6-4-1962]
For the purposes of this Chapter or any Statutes in which the
term "Chief Executive Officer" or "Executive
Officer" is used, said term shall mean the Mayor of the City
of Valley Park.
[R.O. 2013 §220.020; CC 1984 §5-2; Ord. No. 388 §1, 6-4-1962]
A.
There
is hereby created an Organization for Disaster Planning, for the preparation
and the carrying out of all the emergency functions other than functions
for which the military forces are primarily responsible, and to minimize
and repair injury and damage resulting from disasters caused by enemy
attack, in accordance with RSMo., Chapter 44.
B.
This
Organization shall consist of a Coordinator and such other additional
members to be selected by the Coordinator as are approved by the Mayor
and Board of Aldermen in order to conform to the State Organization
and procedures for the conduct of emergency operations as outlined
in the State Disaster Plan and Program.
[R.O. 2013 §220.030; CC 1984 §5-3; Ord. No. 388 §2, 6-4-1962]
A.
The
Coordinator of the City's Organization for Disaster Planning shall
be appointed by the Mayor and shall serve until removed by the same.
B.
The
Coordinator shall have such responsibilities for the organization,
administration and operation of this Organization as are delegated
by the Mayor or as are otherwise provided by Statute or ordinance.
[R.O. 2013 §220.040; CC 1984 §5-4; Ord. No. 388 §3, 6-4-1962]
The City's Organization for Disaster Planning shall perform
such emergency management functions within the City as shall be prescribed
in and by the Comprehensive Plan for management of resources in time
of emergency, prepared by the State Emergency Resources Planning Committee,
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 Chapter 44, RSMo., or the State Disaster
Plan and Program.
[R.O. 2013 §220.050; CC 1984 §5-5; Ord. No. 388 §4, 6-4-1962]
A.
The
Coordinator shall appoint or designate, to serve without additional
compensation, and may remove any personnel needed by the Organization
for Disaster Planning for the proper function of its duties.
B.
The
Coordinator shall form mobile support units as provided for in Chapter
44, RSMo., and the State Disaster Plan and shall designate the leaders
thereof.
C.
Any
member of a mobile support team who is a municipal employee or officer,
while serving on call to duty by the Governor or the executive head
of the State Emergency Management Agency, shall receive the compensation
and have the powers, duties, rights and immunities incident to such
employment or office.
A.
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. Such arrangements or agreements
shall be consistent with the State Disaster Plan and program and the
provisions of Section 70.837, RSMo. and Section 320.090, RSMo. In
time of emergency it shall be the duty of each local organization
for emergency management to render assistance in accordance with the
provisions of such mutual-aid arrangements or agreements.
B.
Any
contracts that are agreed upon may provide for compensation from the
parties and other terms that are agreeable to the parties and may
be for an indefinite period as long as they include a sixty (60) day
cancellation notice provision by either party. The contracts agreed
upon may not be entered into for the purpose of reduction of staffing
by either party.
C.
At
the time of significant emergency such as fire, earthquake, flood,
tornado, hazardous material incident, terrorist incident, or other
such man-made or natural emergency disaster or public safety need
anywhere within the State or bordering states, the Mayor or Public
Safety Agency or their designee may render aid to or request aid from
any jurisdiction, agency, or organization even without written agreement,
as long as he/she is in accordance with the policies and procedures
set forth by the governing boards of those jurisdictions, agencies,
or organizations. A public safety need, as used in this Section, shall
include any event or incident necessitating mutual-aid assistance
from another Public Safety Agency.
D.
When
responding to mutual aid or emergency aid requests, political subdivisions
or public safety agencies shall be subject to all provisions of law
as if it were providing service within its own jurisdiction.
E.
All
political subdivisions and public safety agencies within the State
are, upon enactment of this legislation or execution of an agreement,
automatically a part of the Missouri statewide mutual aid system.
A City within the State may elect not to participate in the Statewide
mutual aid system upon enacting an appropriate resolution by its governing
body declaring that it elects not to participate in the statewide
mutual aid system and by providing a copy of the resolution to the
director of the Department of Public Safety or his or her designee.
F.
The
Missouri mutual aid system shall be administered by the Department
of Public Safety, which may authorize any organization to assist in
the administration of the mutual aid system. The Department of Public
Safety may promulgate rules for this Section. Any rule or portion
of a rule, as that term is defined in Section 536.010, RSMo., that
is created under the authority delegated in this Section shall become
effective only if it complies with and is subject to all of the provisions
of Chapter 536, RSMo. and, if applicable, Section 536.028, RSMo. This
Section and Chapter 536, RSMo., are non-severable and if any of the
powers vested with the general assembly under Chapter 536, RSMo. to
review, to delay the effective date, or to disapprove and annul a
rule are subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28, 2009,
shall be invalid and void.
G.
For
the purpose of this Section, public safety agencies shall include,
but shall not be limited to, fire service organizations, law enforcement
agencies, emergency medical service organizations, public health and
medical personnel, emergency management officials, infrastructure
departments, public works agencies, and those other agencies, organizations,
departments, and specialized emergency response teams that have personnel
with special skills or training that are needed to provide services
during an emergency, public safety need, or disaster, declared or
undeclared.
H.
It
shall be the responsibility of each political subdivision and Public
Safety Agency to adopt and put into practice the National Incident
Management System promulgated by the United States Department of Homeland
Security.
I.
In
the event of a disaster or other public safety need that is beyond
the capability of local political subdivisions, the local governing
authority or Public Safety Agency having jurisdiction may request
assistance under this Section.
J.
Any
entity or individual that holds a license, certificate, or other permit
issued by a participating political subdivision, Public Safety Agency,
or State shall be deemed licensed, certified, or permitted in the
requesting political subdivision or Public Safety Agency's jurisdiction
for the duration of the emergency or authorized drill.
K.
Reimbursement
for services rendered under this Section shall be in accordance with
any local, state and federal guidelines. Any political subdivision
or Public Safety Agency providing assistance shall receive appropriate
reimbursement according to those guidelines.
L.
Applicable
benefits normally available to personnel while performing duties for
their jurisdiction are also available to such persons when an injury
or death occurs when rendering assistance to another political subdivision
or Public Safety Agency under this Section. Responders shall be eligible
for the same State and Federal benefits that may be available to them
for line-of-duty deaths or injuries, if such services are otherwise
provided for within their jurisdiction.
M.
For
the purposes of liability, all members of any political subdivision
or Public Safety Agency responding under operational control of the
requesting political subdivision or a Public Safety Agency are deemed
employees of such responding political subdivision or Public Safety
Agency and are subject to the liability and workers' compensation
provisions provided to them as employees of their respective political
subdivision or Public Safety Agency.
[R.O. 2013 §220.070; CC 1984 §5-7; Ord. No. 388 §6, 6-4-1962]
In carrying out the emergency powers under the provisions of
this Chapter, the Board of Aldermen, Mayor, the Coordinator of the
Organization for Disaster Planning and other officers of the City
are directed to use the services, equipment, supplies and facilities
of existing departments, offices and agencies of the State and of
its various political subdivisions, and the officers and personnel
of all such departments, offices and agencies of this City are directed
to cooperate with and extend such services and facilities of the City
to the Governor and the disaster organizations of the State as may
be requested.
[R.O. 2013 §220.080; CC 1984 §5-8; Ord. No. 388 §7, 6-4-1962]
Whenever the City Government or officer or agency thereof shall
offer to the City, or through the City to any political subdivision
thereof, services, equipment, supplies, materials or funds by way
of gift, grant or loan for the purpose of civil defense, the City
acting through the adjutant general, or the City, through the Mayor
with the consent of the Governor, may accept the offer and may receive
the services, equipment, supplies, materials or funds on behalf of
the City, subject to the terms of the offer.
[R.O. 2013 §220.090; CC 1984 §5-9; Ord. No. 388 §9, 6-4-1962]
In the event of enemy attack, the Mayor may waive the provisions
of Statutes requiring advertisement for bids for the performance of
public work or entering into contracts.
[R.O. 2013 §220.100; CC 1984 §5-10; Ord. No. 388 §10, 6-4-1962]
Each person who is appointed to serve in the City's Organization
for Disaster Planning 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 Valley Park Organization for Disaster
Planning, 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."
Said oath shall be filed with the Coordinator.
[R.O. 2013 §220.110; CC 1984 §5-11; Ord. No. 388 §10, 6-4-1962]
The Mayor, with approval of the Board of Aldermen, is authorized
to designate space in any municipally owned or leased building for
the Organization for Disaster Planning as its office.
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 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.
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 or 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.
