[10-20-2015; 2016 Code]
To assure in case of an emergency the continuation of effective, legally constituted leadership, authority and responsibilities in the government of the city, it is necessary to provide for emergency management of the city and to provide for an interim successor to the mayor who can exercise the powers and discharge the duties of the mayor in the event that the mayor is killed, missing, disabled or for some other cause unable to perform the duties and functions of the office.
[10-20-2015; 2016 Code]
In this chapter:
- ALL-HAZARD EMERGENCY OPERATIONS PLAN
- Means a document that defines the city's response to emergencies while providing for the safety and welfare of its citizens, sets forth lines of authority, responsibilities and organizational relationships, and shows how all actions will be coordinated among city departments and agencies, county, state and federal agencies, and other local units of government.
- DULY AUTHORIZED DEPUTY
- Means a person who is currently authorized to perform all of the functions, exercise all of the powers and discharge all of the duties of an office in the event the office is vacant or at such times as it lacks administration due to the death, absence or disability of the incumbent officer.
- Means an unexpected and urgent natural or human-caused, occurrence that threatens or negatively impacts life, health, property, infrastructure, the environment, the security of the city, or critical systems, including computer or telecommunications systems, including any attack or series of attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to persons or property in the United States by sabotage, the use of bombs, missiles, shellfire or atomic, radiological, chemical, bacteriological or biological means or other weapons or process.
- EMERGENCY MANAGEMENT
- Means all measures undertaken by or on behalf of the city to prepare for and minimize the effect of an emergency or the imminent threat of an emergency or to make repairs to or restore infrastructure or critical systems that are destroyed or damaged by an emergency.
- INTERIM SUCCESSOR
- Means the person who succeeds to the duties, powers, and office of the mayor upon the death of an incumbent mayor.
- Means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of vacancy) and his or her duly authorized deputy are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office.
[10-20-2015; 2016 Code; 2-7-2017]
The order of succession to the office of mayor shall be first, the president of the council, and then the alderperson by seniority of unbroken service on the council. If two or more alderpersons share the same seniority of unbroken service, then the alderperson with the most total service on the council and if there is still a tie, then it shall be determined alphabetically based on the alderperson whose last name starts closest to the letter "A." No person shall take office as interim successor unless he or she may, under the constitution and statutes of the state of Wisconsin in force at the time, hold the office of mayor.
Status of interim successor. The person who becomes mayor as interim successor shall hold the office until the end of the then current term of office after the next mayoral election.
Formalities of taking office. An interim successor shall take the oath of office as mayor as soon as practicable upon succeeding to the office.
[10-20-2015; 2016 Code]
If the mayor is temporarily unavailable for any reason and it is necessary that some act within the scope of the duty or authority of the mayor be performed, then the person with the highest ranking of the interim successors immediately available shall temporarily assume the powers and duties of the office of mayor. That person shall continue to exercise the powers and duties of the mayor until a person with a higher rank among potential interim successors is available, or until the incumbent mayor resumes the exercise of authority.
[10-20-2015; 2016 Code]
The city clerk shall determine the rank order of the potential interim successors under section 1-11-3 after each aldermanic election or other event that causes a change in the membership on the council, and shall keep the rankings up to date as necessary between elections. The rankings shall be recorded in the clerk's files and such other place as will be convenient.
[10-20-2015; 2016 Code]
Director of emergency management. The position of director of emergency management is hereby created. The director of emergency management shall be appointed by the council and shall serve for an indefinite term, subject to removal by a majority vote of a quorum of the council. He or she shall take and file an official oath.
Coordination with other agencies and organizations. The director of emergency management shall coordinate all activities involved in emergency management within the city and shall maintain liaison and cooperate with emergency management agencies and organizations of other political subdivisions and of the state and federal governments, and shall participate in county and state emergency management activities upon request, and shall have such additional authority, duties and responsibilities as are authorized by this section and as may from time to time be required by the council.
All-hazard emergency operations plan. The director of emergency management shall coordinate the preparation of an all-hazard emergency operations plan for the city. In developing the all-hazard emergency operations plan, the director of emergency management shall utilize the services, equipment, supplies and facilities of the existing departments and agencies of the city to the maximum extent practicable; and the officers and personnel of all such departments and agencies are directed to cooperate with and extend such services and facilities for emergency management purposes. When the council has approved the all-hazard emergency operations plan it shall be the duty of all departments and utilities of the city to perform the duties and functions assigned by the plan.
Absence or incapacity. In the absence or incapacity of the director of emergency management, the duly authorized deputy of the director of emergency management shall have all of the duties, responsibilities and authority hereinabove vested in the director of emergency management, and shall constitute the acting director of emergency management.
Declaration of emergency. Upon the declaration by the governor, by the mayor or by the council of a state of emergency within the city, the director of emergency management shall issue all necessary proclamations as to the existence of such state of emergency and shall issue such warnings or alerts as shall be required in the all-hazard emergency operations plan. All city agencies shall take action in accordance with the all-hazard emergency operations plan after the declaration of an emergency and the issuance of official state of emergency warnings. Such state of emergency shall continue until terminated by the issuing authority, provided that any such declaration not issued by the governor may be terminated at the discretion of the council. Contemporaneous with the issuance by the mayor of a declaration of emergency under this section the mayor shall call a special meeting of the council for the purpose of conducting such business as may be necessary to address circumstances arising from such emergency. Actions taken by the mayor in good faith before such meeting pursuant to the authority granted by subparagraph (C) of this section shall be binding upon the city to the extent that third parties have acted in good faith in reliance upon the mayor's authority.
Emergency regulations. Whenever necessary to meet an emergency for which adequate regulations have not been adopted by the council, the mayor, following a declaration of emergency under subsection (B) of this section, may by proclamation promulgate and enforce such orders, rules and regulations relating to the conduct of persons and the use of property as shall be necessary to protect the public peace, health and safety, and preserve lives and property to insure the cooperation necessary in emergency situations. Such proclamations may be rescinded by the council at any time.
Obstruction of emergency operations. It shall be unlawful for any person willfully to obstruct, hinder or delay the enforcement of any order, rule, regulation or all-hazard emergency operations plan issued pursuant to this section, or to do any act forbidden by any order, rule, regulation or all-hazard emergency operations plan issued pursuant to the authority contained in this section. A person who violates this subsection shall be subject to a class 1 forfeiture.
Authority to seek state and federal disaster assistance. The city administrator is herewith authorized to prepare and execute the necessary applications to secure state or federal disaster relief should such assistance become available.