[HISTORY: Adopted by the Mayor and Common Council of the
City of Reedsburg as Ch. 6 of the former Municipal Codebook; amended
in its entirety 9-9-2019 by Ord. No. 1890-19.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also changed the title of this
chapter from "Emergency Government" to "Emergency Management."
A.
Purpose. By reason of the existing and increasing possibility of
an emergency existing within the City whenever conditions arise by
reason of a riot or civil commotion, a disaster, or an imminent threat
of a disaster that impairs transportation, food or fuel supplies,
medical care, fire, health or police protection, or other critical
systems of the City, and to insure that preparations of this City
will be adequate to deal with such disasters; to provide for the common
defense; and to protect the lives and property and to preserve the
peace, health, safety and general welfare, it is declared to be necessary:
(1)
To create the Office of Emergency Management.
(2)
To confer upon the Mayor, the Common Council and upon other officers
of the City certain extraordinary powers in a period of emergency.
(3)
To provide for cooperation or mutual aid with other political subdivisions,
private agencies and individuals relative to emergency management
activities, in a manner that is consistent with the incident command
system and the City's emergency response plan.
B.
Policy. It is further declared to be the purpose of this chapter
and the policy of the City that organization, training and planning
for emergency management are the continuing responsibility of each
department or office of City government. Emergency management planning
and preparation shall follow insofar as possible the normal lines
of governmental administration. Such planning and preparation shall
provide for the maximum use of volunteer organizations and volunteer
efforts on the part of all residents of the City.
C.
Executive powers. It is further declared to be the purpose of this
chapter and the policy of the City to permit the temporary suspension
by ordinance, resolution or executive proclamation of the requirements
of any City ordinance or resolution during a period of emergency which
the Common Council or Mayor deems necessary to allow immediate response
to meet the exigencies and needs of the extraordinary conditions existing,
and to grant to the Mayor during such period broad executive powers
to discharge the responsibility and duties placed on him or her by
statute and this chapter.
In this chapter:
Any of the following:
A select agent that is a virus, bacterium, rickettsia, fungus,
or toxin that is specified under 42 CFR 72, Appendix A.
A genetically modified microorganism or genetic element from an organism under Subsection A that is shown to produce or encode for a factor associated with a disease.
A genetically modified microorganism or genetic element that contains nucleic acid sequences coding for a toxin under Subsection A or its toxic subunit.
An agent specified by the state Department of Health Services
by rule.
The intentional use of any biological, chemical or radiological
agent to cause death, disease or biological malfunction in a human,
animal, plant or other living organism in order to influence the policy
of a governmental unit or to intimidate or coerce the civilian population.
A substance that has chemical properties that produce lethal
or serious effects in humans, plants, animals, or other living organisms.
The head of the Office of Emergency Management as provided
in Ch. 323, Wis. Stats.
A severe or prolonged 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, telecommunications, or agricultural systems.
All measures undertaken by or on behalf of the City to do
the following:
The facility from which command and control takes place of
a large disaster, catastrophic event or incident requiring extraordinary
City resources.
The plan that identifies the various City department functions
to be performed during a disaster.
The governor of the state of Wisconsin or anyone legally
administering the office of governor.
A functional management system established to control, direct
and manage the roles, responsibilities and operations of all the agencies
in a multijurisdictional or multiagency emergency response.
The occurrence or imminent threat of an illness or health
condition that meets the following criteria:
Radiation or radioactive material at a level that is dangerous
to humans, animals or other living organisms.
A.
Created. To carry out the policies and purposes of this chapter,
there is created the Office of Emergency Management under the executive
direction and control of the Mayor.
B.
Director. The Director, who shall be appointed by the Mayor and confirmed
by the Common Council shall:
(1)
Have administrative control of the Office of Emergency Management.
(2)
Develop and promulgate emergency plans consistent with state and
federal plans, direct the emergency management program and perform
such other duties related to emergency management as are required
by the Common Council.
(3)
Coordinate the City's emergency management preparedness, planning
and exercises.
(4)
Direct participation in emergency management programs and exercises
ordered by the Adjutant General of the Wisconsin Department of Military
Affairs.
(5)
Advise the county head of emergency management services on local
emergency management programs and submit such reports as he or she
requires.
A.
Pursuant to § 323.14(4), Wis. Stats., the Common Council
is empowered to order, by ordinance or resolution, an emergency existing
within the City. The period of emergency shall be limited by ordinance
or resolution to an emergency or the imminent threat of an emergency.
B.
The emergency power of the Common Council conferred under Subsection A includes the general authority to order, by ordinance or resolution, whatever is necessary and expedient for the health, safety, protection and welfare of persons and property within the City in the emergency and includes the power to bar, restrict or remove unnecessary traffic, both vehicular and pedestrian, from the public way, notwithstanding any provision of Chs. 341 to 349, Wis. Stats., as amended, or any other provisions of law.
C.
If, because of the emergency conditions, the Common Council is unable to meet with promptness, the Mayor or acting Mayor shall exercise by proclamation all of the powers conferred upon the Common Council under Subsection A or B which within the discretion of Mayor or acting Mayor appear necessary and expedient for the purposes of this chapter. The proclamation shall be subject to ratification, alteration, modification or repeal by the Common Council as soon as it can meet, but the subsequent action taken by the Common Council shall not affect the prior validity of the proclamation.
A.
Executive direction. The Mayor shall have executive direction and
control of the Office of Emergency Management and shall be responsible
for the carrying out of provisions of this chapter and Ch. 323, Wis.
Stats., as amended. During a period of emergency, the Mayor shall
assume command and direct control over all emergency management operations
and functions within the City.
B.
Cooperation with other agencies. The Mayor is authorized to cooperate
with other political subdivisions, other states, the federal government,
and with federally recognized American Indian tribes and bands in
all emergency management matters pertaining to the City, state, and
nation. The Mayor shall comply, so far as is practicable and consistent
with the emergency management requirements of the City, with program
guides of the emergency management agencies of the federal government
and the state of Wisconsin. He or she shall prepare or cause to be
prepared reports of emergency management preparations, programs or
progress which are required for eligibility or participation in financial
or other assistance made available by or through the federal government
or the state of Wisconsin.
C.
Delegation of authority. The Mayor is further authorized and empowered
to:
(1)
Make, amend and rescind orders, rules, regulations and emergency
management plans within the limits of the authority conferred upon
him or her under this chapter, consistent with emergency management
statutes and plans of the state of Wisconsin and the federal government.
(2)
Enter into shelter licenses or other similar arrangements with other
political subdivisions, or governmental or private agencies, or individuals.
However, no expenditures of public funds or any obligation of such
funds shall be made without prior approval of the Common Council,
except during periods of emergency.
(3)
Delegate administrative and contracting authority vested in him or
her under this chapter and authorize the subdelegation of such authority.
(4)
Declare by proclamation a state of emergency and the termination
thereof unless the Common Council, by resolution, shall sooner declare
the termination of the state of emergency. When the proclamation is
issued, the county emergency manager shall be immediately notified
of its contents.
D.
Safety protection.
(1)
The Mayor shall have the power during a period of emergency to take
such action as he or she deems necessary to preserve or protect the
lives, health and safety of persons and property and to provide emergency
assistance to any victims during such period. The Mayor shall not
be required to comply with the procedures and formalities prescribed
by any other ordinance or resolution of the City pertaining to the
performance of public work, the issuance of temporary permits, entering
into contracts, the incurring of obligations, the employment of temporary
workers, the rental of equipment, or the requisition or purchase of
supplies and materials. Such power or authority shall, however, not
exceed the amount appropriated by the Common Council, and set aside
and remaining in an emergency management fund. In no event shall the
liability of the City exceed the fair and reasonable value of the
services, supplies, equipment or materials furnished by virtue of
the exercise of such power or authority.
(2)
The Mayor shall have the power after a proclamation of emergency,
and until the state of such emergency is terminated, to commandeer
materials, services and property in the public interest and safety.
(3)
The Mayor shall convene the council as soon as conditions permit.
A.
The Director shall serve as the manager of the emergency operations
center and shall facilitate the coordination among City departments
and other levels of government when the center is activated.
B.
The Director shall direct the planning and training of all City departments
relating to emergency management. The Director shall maintain liaison
with and cooperate with emergency management agencies and organizations
of other political subdivisions within the state of Wisconsin, other
states and the federal government, and shall have such additional
administrative authority, duties and responsibilities as are delegated
to him or her by the Mayor or as may be granted by ordinance or resolution
of the Common Council. The Director shall not exercise command authority
over any officer or employee in charge of any other City department.
C.
The Director shall prepare or cause to be prepared and maintain a
comprehensive and current emergency response plan for emergency management
and continuity of governmental operations plans for the City and its
inhabitants. The plan shall be coordinated with the national incident
command system and national response plan, and the plans of the state
of Wisconsin and the county of Sauk.
D.
The Director shall, in accordance with the City's emergency
response plan, procure, or cause to be procured, supplies and equipment
and take and cause to be taken all other preparations for any future
partial or full mobilization of emergency management organizations
in advance of a disaster, or for the imminent threat of a disaster
to assure the availability of adequately trained and equipped forces
of necessary emergency management personnel in a period of emergency.
E.
The Director may recommend to the Mayor appointments for emergency
management assignments of City officers or employees as may be necessary
for an efficient emergency management organization in addition to
those expressly provided for in this chapter.
F.
The Director shall make, or cause to be made with the Mayor's
approval, studies and surveys of industries, resources, services and
facilities in this City and surrounding political subdivisions as
may be necessary to ascertain the capabilities of the City relative
to emergency management operations and to plan for use thereof.
G.
The Director shall be the central point for the news media, City
employees, public officials and the public regarding the operations
of City government during a period of emergency. The Director shall
inform the public to the maximum extent possible of the necessity
of self-help and protection and keep the public informed of the availability
of self-help and protection materials and publications.
H.
The Director may, with the prior approval of the Mayor, authorize expenditures within the budgeted funds established or provided by either the Common Council or the state or federal government or other agencies, in carrying out the provisions of this chapter. Expenditures of such budgeted city funds shall be in accordance with Chapter 485, Wis. Stats.
A.
Alternate sites. The Mayor may designate, subject to Common Council
approval, alternate sites as the emergency temporary locations of
government where all, or any part, of the public business may be conducted
whenever during a state of emergency it becomes imprudent, inexpedient
or impossible to conduct the affairs of City government at the regular
or usual places. The alternate sites may be within or without the
territorial limits of the City. With the approval of the Mayor, department
heads shall from time to time designate specific places for their
subordinates and employees to report upon the commencement of an emergency,
if it is desirable for such persons to report to a place other than
that designated by the Mayor as the temporary site of government.
B.
Exercise of authority. While the public business is being conducted
at a temporary location, the Mayor, Common Council and other City
officers shall possess and exercise all executive, legislative, administrative
and judicial powers and functions conferred upon the Mayor, Common
Council and City officers under state law. Those powers and functions,
except judicial, may be exercised in light of the exigencies of the
emergency situation without regard to the compliance with time-consuming
procedures and formalities prescribed by law. All acts of the Mayor,
Common Council and officers shall be valid and binding as if performed
within the territorial limits of the City.
A.
Each City department shall develop and maintain a departmental continuity
of operations plan. Each departmental emergency response and recovery
plan shall include, but not be limited to:
(1)
Risk and vulnerabilities assessment.
(2)
Identification of key staff and the means of contacting key staff
during a period of emergency.
(3)
Department heads shall designate by title, if feasible or by named
person, emergency interim successors and specify their order of succession.
(4)
The activities of the department during a period of emergency.
(5)
Identification of critical and noncritical personnel job duties.
(6)
Identification of alternate sites for departmental functions.
(7)
Identification of alternate locations for storage of supplies, records
and other critical items.
(8)
An outline of the process of restoring departmental services following
a period of emergency.
B.
Each department shall annually submit a copy of the department's
continuity of operations plan to the Director for review to assure
consistency with the City's emergency response plan.
A.
It shall be the duty of all City departments to perform the functions
and provide the necessary resources identified in the City's
emergency response plan to respond to a disastrous or catastrophic
incident.
B.
All City departments shall cooperate with the director in developing,
maintaining and exercising the City's emergency response plan.
A.
In carrying out the provisions of this chapter, the Director shall
utilize the services, equipment, supplies and facilities of existing
departments, bureaus, offices, commissions, committees, authorities
and agencies of the City to the maximum extent practicable. The officers,
agents, employees and personnel of all such departments, bureaus,
offices, commissions, committees, authorities and agencies of the
City shall cooperate with the Office of Emergency Management.
B.
It shall be a condition of employment by the City that every City
employee, present and future, may be required to receive training
in and assignment to an emergency management position, consistent
with the education, training, experience and the job classification
or position occupied by the employee. The Mayor or Director may exempt
employees from this requirement.
A.
The City may cooperate with other jurisdictions under § 66.0301,
Wis. Stats., to furnish services, combine offices and finance emergency
management services.
B.
The Mayor may, subject to the approval of the Common Council, in
collaboration with other public or private agencies, enter into mutual
aid agreements or arrangements for reciprocal emergency management
aid. The agreements or arrangements shall be consistent with the currently
existing state of Wisconsin statutes and the state of Wisconsin emergency
management plan and the currently existing plan and program of the
federal government. In a period of emergency, the Office of Emergency
Management shall render assistance in accordance with provisions of
any mutual aid agreement or arrangement.
A.
Appropriation. The Common Council shall appropriate such money as
it deems necessary for the carrying out of the purposes of this chapter,
such money to be deposited in a special account to be known as the
"emergency management fund." The money, except as otherwise specifically
provided, shall be disbursed in the manner prescribed for the disbursement
of public funds, excepting in case of a period of emergency, in which
event the Mayor may disburse such appropriated funds within his or
her discretion for emergency management or homeland security services
without the signature or countersignature of any other City officer
or compliance with any other ordinance.
B.
Supplies. Whenever during a period of emergency the federal government
or the state of Wisconsin or any agency or officer thereof, or any
person, firm or corporation shall offer to the City or to the Office
of Emergency Management, equipment, supplies, materials, aids, expenses,
assistance or funds by way of gift, grant, contribution or loan or
otherwise for the purposes of emergency management or homeland security,
the Mayor, on behalf of the City, may accept such offer, and upon
such acceptance, may authorize any officer of the City or the Director
to receive the same, subject to the terms of the offer and the rules
and regulations, if any, of the offeror or agency making the offer.
The acceptance or receipt shall not create or cause any liability
on the part of the City, the Director, or any officer, agent or employee
thereof or of the City for failure to comply with the terms of such
offer and the rules and regulations, if any, of the offeror or agency
making the offer. All funds or moneys so received shall be disbursed
in the manner prescribed for the disbursement of public funds.
C.
Program grants. City agencies applying for emergency management or
homeland security grants shall coordinate with the Director to ensure
continuity with the goals of the City's emergency response plan
and overall homeland security strategy.
Except as expressly provided for in this chapter, no person
shall expend any funds of the City in carrying out any emergency management
activity authorized herein without prior approval by the Common Council,
nor shall any person have any right to bind the City by contract,
agreement or otherwise without prior approval of the Common Council.
The Director, department heads, officers, agents, employees
and all other City and emergency management personnel shall execute,
enforce and obey such lawful orders, rules and regulations as may
be issued by the Mayor during a period of emergency.
Any person who willfully refuses to comply with any lawful order
of the Mayor during a period of emergency shall, upon conviction by
a court of record, forfeit a sum not exceeding $1,000, and in default
of payment be imprisoned not exceeding 40 days.
This chapter shall not invalidate any act done, obligation or
contract made or incurred by the City or in its behalf by any officer
or duly authorized emergency management or homeland security organization,
committee or agency pursuant to the authorization of any ordinance
or resolution existing prior to August 15, 2018, nor shall this chapter
divest the City, any committee, agency, or officer thereof of any
rights of property, contracts or any other rights or of any liability
or obligation which may have been created or accrued prior to the
effective date of this chapter.
A.
During the period of emergency, the position of Mayor shall be deemed
temporarily vacant if he or she is unable to perform his or her assigned
duties or cannot be located. Vacancies in the office of Mayor shall
automatically be filled during the period of the emergency, until
the elected Mayor resumes his or her duties, by a direct line of succession
by those persons elected to the following offices prior to the emergency.
Each department head shall establish a system for the preservation
of essential City records necessary for the continuity of governmental
functions in the event of emergencies or natural or man-made disasters.
