There is hereby created within and for the City
of Salisbury an emergency management organization to be known as the
"Salisbury 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 Salisbury 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 Salisbury 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 and Board of Aldermen.
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 or Board of Aldermen.
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 Salisbury Emergency Management
Organization.
A.
The City of Salisbury 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.
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 Salisbury 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 Salisbury 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 Salisbury 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 Salisbury 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 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.
[Ord. No. 03-12-01 § 1, 12-11-2003]
If an emergency occurs due to a natural or manmade
disaster outside the corporate limits of the City of Salisbury but
within Chariton County, upon request to a supervisor of City employees
under his or her control who have training or expertise needed to
respond to the disaster, the supervisor may authorize some employees
to leave the corporate limits of the City to assist in handling the
effects of that disaster with both manpower and machinery and equipment
so long as that department can continue to perform its essential functions
in protecting the interest and welfare of the residents and property
within the City of Salisbury. The supervisor may designate another
person to supervise the employees working outside the City. The supervisor
shall keep records of man-hours and money spent and supplies and materials
used for purposes of repayment, if possible, through another entity
or agency, City, State or Federal.