[HISTORY: Adopted by the Board of Supervisors of Oneida County
by Ord. No. 84-2005. Amendments
noted where applicable.]
(1)
Policy and Purpose.
(a)
Emergency management organization. To insure that the County will
be prepared to cope with emergencies resulting from enemy action and
natural or man-made disasters, an Emergency Management Organization
is created to carry out the purposes provided in Ch. 166, Wis. Stats.
(b)
EMERGENCY MANAGEMENT
1.
2.
3.
ENEMY ACTION
NATURAL DISASTER
Definitions. As used in this section:
All those activities and measures designed or undertaken:
To minimize the effects upon the civilian population caused
or which would be caused by enemy action.
To deal with the immediate emergency conditions which could
be created by such enemy action.
To effectuate emergency repairs to, or the emergency restoration
of, vital public utilities and facilities destroyed or damaged by
such enemy action.
Any hostile action taken by a foreign power which threatens
the security of the State or a portion thereof.
Includes all other extraordinary misfortunes affecting the
County, natural or man-made, not included in the term "enemy action."
(2)
The Public Safety Committee shall be an advisory and planning body
and shall advise the County Emergency Management Director and the
County Board on all matters pertaining to emergency management. It
shall meet upon call of the chairman.
[Amended by Ord. No. 55-2011]
(3)
County-Municipal Emergency Management Director.
(a)
Appointment. The Director shall be nominated by the County Emergency
Management Committee, and then appointed by the County Board. The
Director shall hold office at pleasure of the County Board.
(b)
Joint Director. The County Emergency Management Director shall also
hold the office of Emergency Management Director of those municipalities
which hereafter adopt a parallel ordinance and, in addition to the
duties as County Emergency Management Director, shall have such other
duties and responsibilities of a Municipal Emergency Management Director
as prescribed by State law and as may be prescribed by the emergency
management committees of the municipalities and the County.
(c)
Employee of County. The County-Municipal Emergency Management Director
shall be an employee of the County, not under civil service, and shall
be entitled to all the rights, privileges and benefits that County
employees have.
(d)
Duties.
1.
As County Director, subject to the control and direction of the Emergency
Management Committee and under general supervision of the County Board,
the Director shall:
a.
Develop and promulgate emergency management plans for the County,
consistent with the State Emergency Operations Plan.
b.
Coordinate and assist in the development of municipal emergency
management plans within the County, and integrate such plans with
the County plan.
c.
Direct the County Emergency Management Program.
d.
Direct Countywide emergency management training programs and
exercises.
e.
Advise the State director of all emergency management planning
for the County and render such reports as may be required by the State
director.
f.
In case of a state of emergency proclaimed by the Governor,
or the Chairperson of the County Board, direct the County emergency
management activities and coordinate the municipal emergency management
activities within the County, subject to the coordinating authority
of the State director.
g.
Perform such other duties relating to emergency management as
may be required by the County Board.
2.
As Municipal Director, subject to the control and direction of the
municipality, the Director shall:
a.
Direct the municipal emergency management organization.
b.
Develop and promulgate emergency management plans for the municipality,
consistent with the State Emergency Operations Plan and which meet
the minimum standards for compliance as required by the State director.
c.
Direct municipal emergency management training programs and
exercises.
d.
Direct participation of the municipality in such emergency management
training programs and exercises as may be required on the County level
or by the State director.
e.
Cause the emergency management plans for the municipalities
to be filed with the County plan as well as reports required on the
County level.
f.
In case of a state of emergency proclaimed by the Governor,
direct the activities of the municipal emergency management organization
within the affected municipality.
g.
Perform such other duties relating to emergency management as
may be required by the municipalities.
3.
The County Emergency Management Director shall serve on the Local
Emergency Planning Committee (LEPC) representing Civil Defense, and
be designated as Coordinator of Information and Community Emergency
Coordinator.
(4)
Sharing of Costs. The County Board shall provide offices, office
furniture and such stenographic help as may be necessary for the office
of the County-Municipal Emergency Management Director; and the cost
thereof, including salaries, wages, expenses and other employee benefits
shall be appropriated by the County.
(5)
Joint Action. Whenever the County Emergency Management Committee
deems it necessary, a meeting shall be held to decide such matters
as may arise.
(6)
Other Emergencies. If the Governor determines that an emergency exists
growing out of natural or man-made disasters, the County Emergency
Management Organization, including the County-Municipal Director,
may be employed by the County Board and the municipalities to cope
with the problems of the emergency.
(7)
Compliance With Section. No person shall willfully obstruct, hinder
or delay any member of the emergency management organization in the
enforcement of any order, rule, regulation or plan issued pursuant
to this section, nor shall any person violate any order, rule, regulation
or plan issued pursuant to the authority prescribed by this section.
(8)
Emergency Bidding and Hiring.
(a)
In order to meet the needs of the public in a County-declared disaster
efficiently and effectively while still meeting the federal guidelines
for competitive purchasing, requests for contractors may be released
in the most expeditious form of legal notice and the open period may
close no less that three days after the request is publicly released.
The County will review the submissions for both price and quality
to select a bidder. In order to achieve economies of scale or to simplify
the bidding process, municipalities may, at the time of disaster,
submit a written letter requesting that the County hire contractors
on the municipality's behalf. The municipality will remain responsible
for the cost of their portion of the contract unless other arrangements
have been agreed to in writing beforehand by all necessary parties.
(b)
The County authorizes, with the formal written approval of the County
Board Chairperson or designee, an expedited hiring process in order
to bring into County service temporary employees and or independent
contractors specifically to aid in the response and recovery for a
County-declared disaster. In a formally declared County disaster,
this provision of the ordinance supersedes existing County policy,
resolution or ordinance in order to expedite the hiring and/or bidding
process(es) only during the specifically declared event. If the County
Board Chairperson is not available for approval, the Vice-Chairperson
of the County Board or the Sheriff, in that sequence, may approve
the implementation of this process.
(1)
In the event that a natural, technological or man-made disaster occurs
within Oneida County that exceeds the ability of the combined local
municipal and County resources to manage, a Disaster Declaration for
Oneida County shall be declared.
(2)
Those authorized to make such a declaration include the Chairperson
of the County Board, or, if the Chairperson of the County Board is
not available, the Vice Chairperson of the County Board or the Sheriff,
in that sequence.
(3)
Any expenditure for services rendered in participating municipalities
shall be paid by such municipalities.
(4)
No such declaration of emergency issued by a local authority shall
extend beyond 60 days as to emergencies resulting from enemy action
or 30 days as to emergencies resulting from natural or man-made disasters
unless by appropriate legislative action.
(1)
Policy and Purpose. Because of the existing possibility of an attack
upon the United States of unprecedented size and destructiveness,
including the inevitable hazard of radioactive contamination, and,
if such attack should occur, to assure the continuation of effective,
legally constituted leadership, authority and responsibilities in
the offices of the government of the County, it is necessary to provide
for emergency interim officers who can exercise the powers and discharge
the duties of the County Board Chairperson, the supervisors and the
department heads if the incumbents are killed, missing, disabled or
for some other cause unable to perform the duties and functions of
their offices during and immediately after an enemy attack.
(2)
ATTACK
AUTHORIZED DEPUTY
EMERGENCY INTERIM SUCCESSOR
UNAVAILABLE
Definitions. As used in this section, unless the context otherwise
clearly indicates:
Any action taken by an enemy of the United States causing,
or which may cause, substantial damage or injury to persons or property
in the State by sabotage, the use of bombs, missiles, shellfire, or
atomic, radiological, chemical, bacteriological or biological means,
or weapons or methods.
A person who is presently authorized to perform all the functions,
exercise all the powers and discharge all the duties of an office
if the office becomes vacant or at such times as it lacks administration
due to the death, absence or disability of the incumbent officer.
A person designated pursuant to this section for possible
temporary succession to the powers and duties, but not the office,
of a County officer if such officer or any authorized deputy is unavailable
to exercise the powers and discharge the duties of the office.
That during an emergency resulting from enemy action in the
form of an attack, either a vacancy in office exists and there is
no deputy authorized to exercise all the powers and discharge the
duties of the office, or the lawful incumbent of the office, including
any deputy exercising the powers and discharging the duties of an
office because of a vacancy, and his authorized deputy are absent
or unable to exercise the powers and discharge the duties of the office.
(3)
Designation, status, qualifications and term of emergency interim
successors.
(a)
Succession of the County board chairman. Succession of the office
of County Board Chairperson shall be in the following order: Vice-
Chairperson of the County Board and one emergency interim successor
to be named by the County Board Chairperson within 30 days of his/her
taking office, such designation to be confirmed by the County Board.
(b)
Succession of supervisors.
(c)
Department heads.
1.
Each department head shall appoint, after his/her deputy, one emergency
interim successor or, if there is no deputy, two emergency interim
successors, with their order of succession specified, so that there
will be not less than two successors to the office of each department
head.
2.
The names and designated order of emergency interim successors of
department heads shall be confirmed by the County Board Chairperson.
(d)
Review of designations. The County Board Chairperson, supervisors
and department heads shall review and, if necessary, revise and keep
current the designations of emergency interim successors to insure
at all times that there is the requisite number of qualified emergency
interim successors.
(e)
Qualifications.
1.
No person shall be designated or serve as an emergency interim successor
unless he may under the State Constitution and State laws and under
the County charter or ordinances hold the office of the person to
whose powers and duties he is designated to succeed, but no provision
of any ordinance prohibiting an officer or employee of this County
from holding another office shall be applicable to an emergency interim
successor.
2.
Emergency interim successors shall act only until the County Board
can meet as a body and appoint and confirm a successor to the County
Board Chairperson, if necessary, in accordance with existing State
law.
(f)
Status of emergency interim successor. Any person designated as an
emergency interim successor shall hold that designation at the pleasure
of the designator, provided he shall be replaced if removed. He shall
retain this designation as emergency interim successor until replaced
by another appointed by the authorized designator, or until the designator
leaves office.
(4)
Assumption of Powers and Duties of Officer by Emergency Interim Successor.
If an attack occurs, and if the County Board Chairperson, any supervisor,
any department head or any authorized deputy is unavailable, his emergency
interim successor highest in rank in order of succession who is available
shall, except for the power and duty to appoint emergency interim
successors, exercise the powers and discharge the duties of such officer.
An emergency interim successor shall exercise such powers and discharge
such duties only until such time as the lawful incumbent officer or
any authorized deputy or an emergency interim successor higher in
rank in order of succession exercises or resumes the exercise of the
powers and discharges the duties of the office, or until, where an
actual vacancy exists, a successor is appointed to fill such vacancy
or is elected and qualified as provided by law.
(5)
Recording and Publication. Each County officer and department head
shall designate a successor and one alternate successor to perform
his duties and exercise his powers only when such officer or department
head is unable because of civil defense emergency to attend to his
duties and exercise his powers in person. Each County officer and
department head shall file with the County Clerk and also with the
Director of Emergency Management a list showing the name and address
of such successor or successors.
(6)
Formalities of Taking Office. At the time of their designation, emergency
interim successors shall take such oath and do such other things,
if any, as may be required to qualify them to exercise the powers
and discharge the duties of the office to which they may succeed.
(7)
Emergency Meetings of the County Board. During any emergency resulting
from enemy attack, the County Board Chairperson or a legally constituted
successor may call a meeting of the County Board by notifying all
members or their interim successors so far as practicable and by whatever
means available of the time and place of such meeting.
(8)
Designation of Emergency Temporary Locations. Whenever during the
continuance of a state of emergency proclaimed by the Governor under
§ 166.05, Wis. Stats., it becomes imprudent, inexpedient
or impossible to conduct the affairs of local government at the regular
or usual places, the County Board may meet at any place within or
without the County, on the call of the presiding officer or his successor,
and shall proceed to establish and designate by ordinance, resolution
or other manner, alternate or substitute sites or places as the emergency
temporary locations of government where all, or any part, of the public
business may be transacted and conducted during the emergency situation.
Such alternate or substitute sites or places may be within or without
the County, and may be within or without the State. If practicable,
such sites or places shall be designated as the emergency temporary
locations of government in the Wisconsin State Emergency Operations
Plan.
(9)
Exercise of Governmental Authority. During the period when the public
business is being conducted at an emergency temporary location, the
County officers shall possess and exercise at such location all the
executive, legislative, administrative and judicial powers and functions
conferred upon this body by or under State law. Such powers and functions,
except judicial, may be exercised in the light of exigencies of the
emergency situation without regard to or compliance with time consuming
procedures and formalities prescribed by law or pertaining thereto.
All acts of this body and officers shall be as valid and binding as
of the form within Oneida County.
The Wisconsin State Emergency Operations Plan, adopted by the
County Board, Resolution No. 1, September 8, 1971, is made a part
of this chapter as if set forth in full herein.
To insure preservation of public records, the Emergency Management
Committee shall:
(1)
Determine what records are essential for emergency operation through
consultation with all departments of the County and obtain a written
report from each department.
(2)
Determine what records are essential for post-emergency operations
through consultation with all departments of the County and obtain
a written report from each department.
(3)
Establish a plan for preservation of essential records for emergency
and post-emergency operations.
(4)
Submit such plan to the Emergency Management Committee for approval.
(5)
Require all departments to adhere to the approved plan.
(1)
AIDING PARTICIPATING MEMBER
MUTUAL FIRE AID PROGRAM
PARTICIPATING MEMBER
STRICKEN PARTICIPATING MEMBER
Definitions. For the purpose of this section, the following terms
are defined as follows:
A participating member furnishing fire equipment to a stricken
participating member or to another aiding participating member.
A plan or program as provided under this section whereby
the participating members in the program agree to come to one another's
assistance in case of fire or other disaster too large for local equipment
and personnel to handle.
A town, part of a town, city, village, joint fire department
created under § 60.55(1)(a)2., Wis. Stats., firemen's
association, corporation or individual equipped to furnish adequate
fire protection that participates in the mutual fire aid program after
adopting the provisions of this section through a resolution adopted
by its governing body authorizing or approving the program and entering
into an appropriate agreement (substantially as provided herein) with
other participating members for rendering and receiving first aid
in case of fire or other disaster.
A participating member in whose jurisdiction a fire or other
disaster occurs that is of such magnitude that it cannot be adequately
coped with by its fire fighting equipment and personnel.
(2)
Agreement to Effectuate Program. The fire chief of any participating
member on behalf of that participating member may enter into and from
time to time alter and amend an agreement with any or all of the participating
members in the mutual aid program area defining and putting into effect
a mutual aid program, providing generally as follows:
(a)
If the officer in charge of the fire department of a participating
member determines that the available fire fighting equipment of that
member is inadequate to effectively cope with a fire or other disaster
therein, such officer may call on another participating member to
furnish fire fighting equipment and personnel, to the extent specified
in the agreement, to the stricken member for use either:
(b)
Each aiding member furnishing fire fighting equipment to a stricken
member may call on another participating member for fire fighting
equipment and personnel, to the extent specified in the agreement,
as a standby reserve to take the place, in part, of the equipment
furnished to the stricken member until such equipment is returned.
(c)
On receipt of a call under Paragraphs (a) or (b), the aiding member
shall (to the extent provided in the agreement) furnish the equipment
and personnel called for by the stricken member or by the first aiding
member, except each aiding member may always be permitted to retain
sufficient fire fighting equipment and personnel to fight any fire
or to meet any emergency within its boundaries that may reasonably
be anticipated.
(3)
Mutual Fire Aid Program. The fire chiefs of the members participating
in such mutual aid shall prepare a mutual aid program which shall
incorporate the necessary provisions of this section. Such mutual
aid program shall, after approval of the participating members, be
in full force and effect and binding on such participating members.
(4)
Obligation of Participating Members. The participating members shall
furnish fire fighting equipment and personnel for use outside its
boundaries, as provided in the tentative mutual fire aid program as
provided herein, or in any mutual fire aid program agreed to as provided
herein, to any participating member that has agreed to conform to
such program and has assumed the obligations imposed upon it. Any
mutual fire aid program entered into by participating members shall
contain only such provisions as will permit the participating members
to be in compliance with State law and the Wisconsin Administrative
Code, and which will permit the participating members to qualify for
and receive any assistance, financial or otherwise, which may be available
from the State. It is specifically understood that the County shall
not be a participating member in any mutual fire aid program which
is entered into by participating members, and it is further specifically
understood that the County shall not be liable for any injuries, losses
or damages to persons or property caused by the personnel or equipment
of the participating member.
Except as otherwise provided herein, any person who shall violate any provision of this chapter, the Wisconsin State Emergency Operation Plan or any rule, regulation, order or directive of the Emergency Management Director or his deputies shall be subject to a penalty as provided in § 25.04 of this Code.
