Editor's Note: Ord. No. 496, enacted 2-22-2019, adopted the National Incident Management System (NIMS) promulgated by the United States Department of Homeland Security pursuant to Homeland Security Presidential Directive 5 (HSPD-5) dated March 1, 2004, and as amended from time to time. The implementation of this System, details of which are held on file in the City offices, shall be done beneath the oversight of the Kahoka Office of Emergency Management.
There is hereby created within and for the City of Kahoka an emergency management organization to be known as the Kahoka 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 Kahoka 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 Kahoka 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 and shall serve at the pleasure of the Mayor.
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 Mayor 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 Kahoka Emergency Management Organization.
The City of Kahoka 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.
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 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.
At the time of significant emergency such as fire, earthquake, flood, tornado, hazardous material incident, terrorist incident, or other such manmade or natural emergency disaster anywhere within the State or bordering States, the highest ranking official of a political subdivision available may render aid to any requesting political jurisdiction, even without written agreement, as long as he/she or she is in accordance with the policies and procedures set forth by the governing board of that jurisdiction.
When responding to mutual aid or emergency aid requests, political subdivisions shall be subject to all provisions of law as if it were providing service within its own jurisdiction.
Emergency response agencies shall include 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, and departments that have personnel with special skills or training that are needed to provide services during an emergency or disaster.
In the event of a disaster that is beyond the capability of local political subdivisions, the local governing authority may request assistance under this Section.
Any entity or individual that holds a license, certificate, or other permit issued by a participating political subdivision or State shall be deemed licensed, certified, or permitted in the requesting political subdivision for the duration of the declared emergency or authorized drill.
Reimbursement for services rendered under this Section shall be in accordance with State and Federal guidelines. Any political subdivision providing assistance shall receive appropriate reimbursement according to those guidelines.
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 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 if such services are otherwise provided for within their jurisdiction.
All activities performed under this Section are deemed to be governmental functions. For the purposes of liability, all participating political subdivisions responding under operational control of the requesting political subdivision are deemed employees of such participating political subdivision.
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 emergency management purposes, subject to the terms of the offer.
No person shall be employed or associated in any capacity in the Kahoka 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 Kahoka 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 Kahoka 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 Kahoka Emergency Management Organization.