There is hereby created within and for the City of Kennett an
emergency management organization to be known as the "Kennett 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
to the Kennett 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 Kennett 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.
A.
The Director will be appointed by the Mayor and shall serve at the
pleasure of the Mayor.
B.
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 and the City Council.
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 Kennett Emergency Management Organization.
A.
The City of Kennett in accordance with Chapter 44, RSMo., may:
1.
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; and
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. 1997 § 235.050(A)(3); Ord.
No. 1981 § 5, 12-3-1983]
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 emergency management purposes, subject to the terms of the offer.
No person shall be employed or associated in any capacity in
the Kennett 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 Kennett 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 Kennett 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 Kennett 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.
