Note: For the statutory provisions authorizing local disaster
councils and establishing requirements for these councils, see Gov.
Code § 8610 et seq. For the statutory provisions regarding
the California Emergency Services Act, see Gov. Code § 8550
et seq.
The purposes of this chapter are to provide for the preparation,
unification and carrying out of plans for the protection of persons
and property within the incorporated and unincorporated areas of the
County in the event of an emergency; to provide for the direction
of the emergency management organization and the coordination of the
emergency functions of the County with all other political subdivisions,
emergency services agencies both public and private, corporations,
organizations and affected persons within the County.
(SCC 1481 § 2, 2011)
The primary responsibility for preparedness for coping with
emergency conditions within the County rests with the County Board
of Supervisors, the County Executive, the Chief of Emergency Services,
and with the governing bodies of the various political subdivisions
within the County.
(SCC 1481 § 2, 2011)
1.
"Cities"
mean all incorporated cities within the County.
2.
"County"
means the County of Sacramento.
3.
"Deputy
Director" means the Chief of Emergency Services or designee.
4.
"Director"
means the County Executive or designee.
6.
"Disaster
Service Worker" means public employees or agents, volunteers duly
registered or unregistered but impressed into service during an emergency
by a person having authority to command the aid of citizens in the
execution of his or her duties.
7.
"Emergency"
means the actual or threatened existence of conditions of disaster
or of extreme peril to the safety of persons or property within the
County caused by such conditions as air pollution, fire, flood, storm,
epidemic, civil disturbance, earthquake or other conditions, including
conditions resulting from war or imminent threat of war, which conditions
are or are likely to be beyond the control of the services, personnel,
equipment and facilities of the County requiring the combined forces
of other political subdivisions to combat.
8.
"Health Officer" means the Sacramento County Health Officer or designee who has been appointed by the Board of Supervisors and fulfills those responsibilities and duties referenced in Section 2.21.070.
9.
"Office
of Emergency Services" means the personnel tasked by the County, whether
employed, contracted or serving through another configuration approved
by the Board of Supervisors, to create and administer emergency plans
and which is administered by the Chief of Emergency Services.
10.
"Operational
Area" means the County serving as the conduit between the state and
all political subdivisions within the County for the coordination
of emergency information, resources and priorities.
11.
"Political
subdivision" means the County and any city, district, or other local
governmental agency or public agency authorized by law within the
County.
12.
"Service
Chief" means any person who controls and directs individuals or employees
performing emergency functions such as law enforcement, fire, medical
and other public services in the protection of life and property within
the County.
(SCC 1481 § 2, 2011)
A Disaster Council is established for the County. The Disaster
Council shall consist of the following or their designated alternate:
1.
One
representative from the Board of Supervisors appointed by the Board
of Supervisors who shall be the Chair of the Disaster Council;
2.
One
representative from the City Council of each of the Cities in the
County appointed by those respective City Councils, of which a representative
shall be selected by the members of the Disaster Council to serve
as the Vice-Chair;
3.
The
County Executive; and
4.
The
City Managers of the Cities of the County.
(SCC 1481 § 2, 2011)
The Disaster Council has as its purpose the promotion of inter-jurisdictional
disaster preparedness. It shall be the duty of the Disaster Council,
and it is hereby empowered, to take the following actions:
1.
Meet
upon call of the Chair or, in the Chair's absence or inability to
call such meeting, upon call of the Vice-Chair;
2.
Educate
elected officials about their duties and responsibilities in the mitigation
of disasters;
3.
Encourage
coordinated emergency planning between and among the cities, the County
and special districts within the County;
4.
Support
local, State and Federal legislation favorable to disaster planning,
mitigation and recovery;
5.
Promote
individual, family and neighborhood disaster preparedness and post-disaster
self-reliance programs;
6.
Review
and recommend adoption of emergency and mutual aid plans and agreements;
and
7.
Make
recommendations on matters pertaining to emergency preparations and
emergency management priorities when requested by the governing bodies
of the County and the Cities within the County.
(SCC 1481 § 2, 2011)
1.
The following persons are disaster service workers and shall constitute the County emergency organization: all officers and employees of the County and the other political subdivisions within the County; those volunteer forces enrolled to aid them during an emergency; and all groups, organizations and persons who may, by agreement or operation of law, including such persons impressed under the provisions of Section 2.46.110(6)(d), charged with the duties incident to the protection of life and property in the County during such emergency. The function and duties of the staff and the various services within the organization shall be established and included within the emergency plans adopted by the Board of Supervisors.
2.
Heads
of agencies and departments of the County and the Cities within the
County and service chiefs of districts within the County shall consider
the emergency functions associated with their departments as part
of their responsibilities. Such responsibilities include, but are
not limited to, the preparation and maintenance of written plans when
requested by the Director to be submitted to him or her for adoption
by the Board of Supervisors, training of personnel within their departments
with respect to their duties under such plans, and any other pre-emergency
preparations to prevent or minimize the effect of an emergency. They
shall supervise the activities of their agencies and departments during
the emergency and post-emergency periods in accordance with the basic
County Emergency Operations Plan.
3.
Volunteers
who perform service in the County emergency organization or for the
operational area in accordance with provision of this chapter shall
so serve without compensation. All volunteers shall be required to
take an oath in a form to be prescribed by the State of California.
Volunteers shall be registered with the Chief of Emergency Services
as "disaster service workers" in order to be eligible for worker's
compensation benefits, as provided for starting with Section 3201
of Part 1 of Division 4 of the State Labor Code.
(SCC 1481 § 2, 2011)
1.
There
is hereby created the position of Director of Emergency Services.
The Director shall be the County Executive. The Director shall control
and direct the effort of the emergency organization of the County
for the accomplishment of the purposes of this chapter. The Director
shall designate alternates who shall, respectively, have all powers
and duties of the Director. The Director shall appoint a Chief of
Emergency Services within the County Executive's Office to manage
the day-to-day administration and operations of emergency services
for the accomplishment of the purposes of this chapter.
2.
There
is hereby created the position of Deputy Director of Emergency Services.
The Deputy Director shall be the Chief of Emergency Services.
(SCC 1481 § 2, 2011)
An Office of Emergency Services is hereby established to coordinate
all emergency preparedness, response and recovery functions and responsibilities
to carry out the intent of this chapter. The Office of Emergency Services
shall be headed by the Chief of Emergency Services which position
is designated as the Deputy Director of Emergency Services. The Deputy
Director of Emergency Services shall develop emergency plans and manage
the emergency programs of the County, and shall have such other powers
and duties as may be assigned by the Director of Emergency Services.
Responsibilities and duties of the Deputy Director shall include,
but not be limited to, the following:
1.
Coordinate
the activities of all emergency services both in pre-emergency planning,
during an emergency, and in post emergency recovery activities;
2.
Represent
the County in all dealings with public or private agencies pertaining
to emergency planning;
3.
Organize
and develop the County emergency program and operational area emergency
programs working together with County departments, other political
subdivisions, supporting agencies, volunteer groups and individuals;
4.
Administer
the Office of Emergency Services;
5.
Develop
and maintain the basic emergency operations plan for the County and
supporting emergency plans;
6.
Assist
County departments and other political subdivisions in the preparation
of emergency plans and operating procedures, reviews, modifications
as necessary, and approve agency/department emergency plans and operating
procedures;
7.
Develop
and coordinate such training programs and exercises as may be necessary
to ensure readiness of the emergency organization;
8.
Develop
and coordinate programs designed to inform the public of measures
for self-protection and emergency services activities;
9.
Submit
the County emergency operations reports as necessary to the Board
of Supervisors and the Disaster Council;
10.
Prepare
and submit all reports required of the Office of Emergency Services
by the emergency agencies of the Federal government and the State
of California;
11.
Serve
as Secretary to the Disaster Council;
12.
Administer
the loyalty oath to disaster service workers or delegate the authority
to administer the loyalty oath to such service chiefs as deemed necessary
to meet the purposes of this chapter and maintain a disaster service
worker registration program in the County;
13.
Maintain
24 hour a day availability of on-call emergency management personnel
for immediate response if called upon by the County;
14.
Designate
and maintain an Emergency Operations Center in an acceptable state
of readiness;
15.
Develop
and maintain such programs as may be necessary to ensure adequate
staffing for the emergency operations center and other emergency response
or recovery activities;
16.
Serve
as the Emergency Operations Center Director when the emergency operations
center is activated;
17.
Provide
advice and support to the Director of Emergency Services during an
emergency; and
18.
In
the absence of the Director, act as the Director of Emergency Services.
(SCC 1481 § 2, 2011)
The emergency plan shall provide for the effective mobilization
of all County resources, both public and private, as necessary to
carry out the purposes of this chapter. It shall be consistent with
the State of California and national emergency planning guidance.
Assignment of emergency duties and functions shall be set forth in
the plan for all County agencies. Major revisions to the emergency
plan shall be presented to the Board of Supervisors and shall become
effective upon acceptance of the amendments by resolution of the Board.
In assigning emergency duties and functions to County agencies and
personnel, the Director shall place such responsibilities in order
to utilize to best advantage the inherent competencies already existing
in the County government structure. The provisions of the plan shall
be mandatory upon the agencies of County government, its employees,
and registered volunteer emergency workers, who shall diligently apply
their efforts toward the development of the most effective emergency
program within their means. Each service chief assigned responsibilities
in the plan shall formulate the operations plan for their service.
(SCC 1481 § 2, 2011)
1.
The
primary County/Operational Area Emergency Operations Center shall
be such appropriate space as designated by the Director of Emergency
Services. The Director or the Deputy Director is authorized to activate
the Emergency Operations Center as circumstances require and shall
have the further responsibility for requiring the partial or total
mobilization of the County Emergency Organization to staff the Emergency
Operations Center.
2.
The
Emergency Operations Center and all emergency operations equipment
shall be under the control of the Office of Emergency Services. The
Deputy Director is authorized to expend such funds as appropriated
by the Board of Supervisor to maintain and provision the Emergency
Operations Center including, but not limited to, providing such meals
as may be necessary for the health and welfare of the Emergency Operations
Center staff, and may require assignment of additional staff resources
from County departments as may be necessary and approved by the County
Executive. Such employees shall be on temporary emergency assignment
and their personnel costs shall remain the cost of the parent department.
Such employees shall be entitled to compensation as required by State
and Federal law and the County Code.
3.
It
shall be the responsibility of all Emergency Operations Center service
chiefs and alternates to have a thorough knowledge of the County Emergency
Operations Plan and to ensure that their respective supporting services
and key personnel are properly trained and organized to meet all of
their responsibilities in the event of an emergency.
(SCC 1481 § 2, 2011)
The Director, and in the absence of the Director the Deputy
Director, is hereby empowered to take the following actions:
1.
Request
the Board of Supervisors to proclaim the existence or threatened existence
of a local emergency if the Board of Supervisors is in session, or
to issue such proclamation if the Board of Supervisors is not in session.
Whenever a local emergency is proclaimed by the Director of Emergency
Services or the Deputy Director of Emergency Services, the Board of
Supervisors shall take action to ratify the proclamation within seven
days thereafter or the proclamation shall have no further force or
effect;
2.
Recommend
that the Board of Supervisors request the Governor to proclaim a State
of Emergency when, in his or her opinion, the locally available resources
are inadequate to cope with the emergency;
3.
Control
and direct the effort of the emergency organization of the County
for the accomplishment of the purposes of this chapter;
4.
Issue
rules, regulations and orders in advance of a proclamation of local
emergency which the Director considers necessary for the protection
of life and property provided such rules, regulations and orders are
ratified by the Board of Supervisors at the earliest practicable time;
and
5.
Direct
cooperation between and coordination of services and staff of the
emergency organization of this County and resolve questions of authority
and responsibility that may arise between them.
6.
In
the event of the proclamation of a "local emergency" as herein provided,
the proclamation of a "State of Emergency" by the Governor, or the
existence of a "State of War Emergency," the Director, and in the
absence of the Director, the Deputy Director is hereby empowered to:
a.
Effectuate
the provisions of the Emergency Operations Plan established pursuant
to this chapter and to carry out any orders or regulations adopted
by the Board of Supervisors.
b.
Make
and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such emergency provided
such emergency rules and regulations shall be ratified at the earliest
practicable time by the Board of Supervisors;
c.
Obtain
vital supplies, equipment, and such other properties found lacking
and needed for the protection of life and property, and to bind the
County for the fair value thereof and, if required immediately, to
commandeer the same for public use;
d.
Require
the emergency services of any County officer or employee or any officer
or employee of any other political subdivision and to requisition
the aid of as many citizens within the County as he or she deems necessary
in the execution of his or her duties, such persons to be entitled
to all privileges, benefits and immunities as are provided by State
law for registered emergency service volunteers;
e.
Requisition
necessary personnel or material of any County department or agency;
f.
Approve
contracts as necessary to support the Emergency Organization and to
protect the life and property of the citizens of the County; and
g.
Execute
all of the Director's ordinary powers and all of the special powers
conferred by the provisions of this chapter or by resolution or emergency
plan adopted by the Board of Supervisors, all powers conferred by
any statute, by any agreement approved by the Board of Supervisors,
and by any other lawful authority.
7.
During
the existence of a state of war emergency the legally constituted
authority of the County shall be subordinate to the Governor of the
State of California and the President of the United States.
(SCC 1481 § 2, 2011)
The Chair of the Board of Supervisors, or in his or her absence, the Vice-Chair, or in their absence the County Executive, is empowered to proclaim a state of local emergency in the County when he or she finds that the circumstances described in Section 2.46.030(7) exist. Any such emergency shall be subject to the ratification and review requirements of Government Code Section 8630. In the event of a duly proclaimed state of local emergency, the County Executive shall have all of the following powers during the existence of such emergency conditions:
1.
Issue
any rules or regulations, including, but not limited to, the imposition
of curfew, when essential to the immediate protection of life and
property provided such rules or regulations are confirmed at the earliest
practicable time by the Board of Supervisors.
2.
Require
the emergency services of any officer or employee of the County or
any other political subdivision, and to requisition aid of as many
citizens within the County as he or she deems necessary in the execution
of his or her duties. Such persons shall be entitled to all privileges,
benefits and immunities as are provided by State law for registered
emergency service volunteers.
3.
Order
into service necessary property or material from any County department
or agency or any other political subdivision, and in addition, requisition
private property or material deemed by him or her necessary in carrying
out his or her responsibilities for which the County shall pay a reasonable
value thereof.
4.
To
execute all ordinary powers, all special powers conferred upon him
or her by this chapter or by resolution adopted pursuant thereto and
to be responsible for and exercise emergency control over the County.
(SCC 1481 § 2, 2011)
1.
The
County Health Officer is empowered to declare a "Public Health Emergency"
in the County or any area within the County when the Health Officer
reasonably determines that the conditions of disaster or of extreme
peril to the safety of persons within the County are caused by such
health conditions as epidemic or similar health conditions and are
an immediate threat to the public health, which conditions are or
are likely to be beyond the control of the services, personnel, equipment
and facilities of the County, requiring the combined forces of other
political subdivisions to combat. The County Health Officer may take
any preventive measure that may be necessary to protect and preserve
the public from any public health hazard during any "state of war
emergency," "state of emergency," or "local emergency," as defined
by Section 8558 of the Government Code, within his or her jurisdiction.
Preventive measure means abatement, correction, removal, or any other
protective step that may be taken against any public health hazard
that is caused by a disaster and affects the public health.
2.
When
the County Health Officer declares a Public Health Emergency, the
Board of Supervisors shall take action to ratify the proclamation
within seven days thereafter or the proclamation shall have no further
force or effect. Any such emergency shall be subject to the ratification
and review requirements of Government Code Section 8630.
(SCC 1481 § 2, 2011)
Any expenditures made in connection with such emergency activities,
including mutual aid activities, shall be deemed conclusively to be
for the direct protection and benefit of the inhabitants and property
of the County.
(SCC 1481 § 2, 2011)
All public and private agencies within the County, and all officers
and employees of such agencies, shall cooperate with the Board of
Supervisors, Director and the Deputy Director in rendering all public
assistance in carrying out the provisions of this chapter.
(SCC 1481 § 2, 2011)
Nothing in this chapter shall replace or eliminate the responsibility
of each political subdivision to develop and maintain its own emergency
plan and capability with respect to local emergencies confined entirely
within any such political subdivision which such political subdivision
is capable of handling.
(SCC 1481 § 2, 2011)
It is a misdemeanor, punishable as provided in Section 1.01.190, for any person during an emergency to:
1.
Willfully
obstruct, hinder or delay any member of the County emergency organization
in the enforcement of any rule or regulation issued pursuant to this
chapter, or in the performance of any duty pursuant to this chapter;
2.
Do
not act forbidden by any rule or regulation issued pursuant to this
chapter, if such act is of such nature as to give, or be likely to
give, assistance to the enemy, or to imperil the lives or property
of inhabitants of the County, including the Cities therein, or to
prevent, hinder or delay the defense or protection thereof; or
3.
Wear,
carry or display, without authority, any means of identification specified
by the emergency agency of the State of California or the County.
(SCC 1481 § 2, 2011)
