[Adopted 7-19-1993 (Ch. 17 of
the 1993 Code)]
[Amended 4-7-2014]
It is the purpose of this article to implement within Appomattox
County the provisions of the Commonwealth of Virginia Emergency Services
and Disaster Law, § 44-146.13 et seq., Code of Virginia,
by providing, insofar as the resources of the County permit, the organization,
personnel, equipment and plans which are necessary to deal adequately
with natural and man-made disasters which may occur within the County
and its environs and, to the extent of the means available, to provide
emergency disaster services to other communities and respond to calls
made by the Governor or by the Department of Emergency Management
of the commonwealth.
Definitions shall be as provided in § 44-146.16 of
the Code of Virginia.
[Amended 4-7-2014]
The mission of the Appomattox County Board of Supervisors, within
the purview of this article and acting through its Director of Emergency
Services, is to direct and support the emergency services of Appomattox
County and to cooperate with other cities and counties and the State
Department of Emergency Management in the event of man-made or natural
disaster.
A.
Unless
and until provided otherwise by executive order of the Governor, the
County Administrator shall be the Director of Emergency Services.
B.
The Director
of Emergency Services shall have authority to appoint a Coordinator
of Emergency Service Activities, with the consent of the Appomattox
County Board of Supervisors.
A.
The Appomattox
County Emergency Services Organization is hereby established, the
commanding officer of which shall be the Director of Emergency Services.
B.
Pursuant
to policies established from time to time by the Appomattox County
Board of Supervisors consistent with state law and plans and policies
of the Department of Emergency Management, the Emergency Services
Organization shall have such structural organization, personnel and
equipment as shall be specified by the Director of Emergency Services,
subject to the availability of funds, and the Director of Emergency
Services shall utilize the services, equipment, supplies and facilities
of existing departments, offices and agencies of Appomattox County
to the maximum extent practicable. The officers and personnel of all
such departments, offices and agencies are directed to cooperate with
and extend such services and facilities to the Director of Emergency
Services and, upon request, to the Governor and to the State Department
of Emergency Management as well. The Director of Emergency Services
is hereby authorized to include within the Appomattox County Emergency
Services Organization such corporate and individual volunteer members
as may be desirable to enable the organization to accomplish its intended
missions, as for example, medical personnel and organizations and
public utility company personnel and equipment, to name but two of
the more obvious classes.
[Amended 4-7-2014]
C.
The Director
of Emergency Services shall prepare and may from time to time amend
tables of organization and equipment for the Appomattox County Emergency
Services Organization, at least one copy of which shall be maintained
on file in the office of the County Administrator, where it shall
be available to the public for inspection and use during all regular
business hours, and copies shall be made available to all persons
deemed by the Director to have a need therefor.
D.
The tables
of organization and equipment shall establish a definite chain of
command for each component of the organization.
E.
The Appomattox
County Emergency Services Organization shall have such powers and
perform such duties as may be necessary, consistent with state law
and policies of the Board of Supervisors, to serve the purposes of
this article and as may be specified for local emergency services
organizations by the Commonwealth of Virginia Emergency Services and
Disaster Law (§ 44-146.13 et seq., Code of Virginia).
[Amended 4-7-2014]
No person shall be a member, employee or agent of or be associated
with the Appomattox County Emergency Services Organization who advocated
or has advocated a change by force or violence in the constitutional
form of government of the United States or in this commonwealth or
the overthrow of any government in the United States by force or violence
or who 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 such organization shall, before entering
upon his duties, take an oath, in writing, before a person authorized
to administer oaths in this commonwealth, which shall be substantially
as follows:
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"I, ________________, do solemnly swear (or affirm) that I will
support and defend the Constitution of the United States and the Constitution
of the Commonwealth of Virginia 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.
|
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"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 commonwealth
by force or violence and that I will not advocate or become a member
of any political party or organization that advocates the overthrow
of the government of the United States or of this commonwealth by
force or violence."
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A.
The Director
of Emergency Services shall prepare and from time to time amend, so
as to keep abreast of new concepts and techniques, plans for the accomplishment
of the missions of the Appomattox County Emergency Services Organization
in the event of any natural or man-made disaster and for the effective
deployment and employment of the personnel and equipment of the organization
or which may be subject to its call. Such plans shall be consistent
with policies of the Appomattox County Board of Supervisors and the
policies and plans of the Governor and the State Department of Emergency
Management and shall be distributed and publicized as may be desirable,
in the opinion of the Director, to effectively serve their intended
purposes, provided that not less than one copy of each such plan shall
be maintained on file in the office of the County Administrator.
[Amended 4-7-2014]
B.
The Director
of Emergency Services shall be responsible for the training of all
personnel of the Appomattox County Emergency Services Organization
to the end that they may be in a state of readiness to effectively
perform their duties and properly use the equipment available to them
in the event of any natural or man-made emergency. It shall be the
duty of all County government personnel affected thereby to attend
such classes and field exercises as may be prescribed by the Director
pursuant to policy guidance by the Appomattox County Board of Supervisors.
C.
The Director
of Emergency Services shall prepare the annual budget of the Appomattox
County Emergency Services Organization.
D.
The Director
of Emergency Services shall have such other power and perform such
other duties as may be specified for the office of local director
of emergency services in the Commonwealth of Virginia Emergency Services
and Disaster Law (§ 44-146.13 et seq., Code of Virginia)
or as may be prescribed by the Appomattox County Board of Supervisors.
[Amended 4-7-2014]
[Amended 4-7-2014]
The Coordinator of Emergency Service Activities, under the direct
supervision of the Director of Emergency Services, shall be the executive
officer of the Appomattox County Emergency Services Organization and,
in the absence or disability of the Director, shall assume command
of the organization. He shall have such other powers and perform such
other duties as may be specified for the office of local coordinator
of emergency service activities by the Commonwealth of Virginia Emergency
Services and Disaster Law (§ 44-146.13 et seq., Code of
Virginia) or by the Director of Emergency Services, consistent with
state law and the plans and policies of the Governor and the State
Department of Emergency Management.
[Amended 4-7-2014]
It shall be the duty of the Appomattox County Emergency Services
Organization and the officers thereof to execute and enforce such
orders, rules and regulations as may be made by the Governor under
authority of the Commonwealth of Virginia Emergency Services and Disaster
Law (§ 44-146.13 et seq., Code of Virginia), and the organization
shall have available for inspection at its office or at the office
of the County Administrator all such orders, rules and regulations.
[Amended 4-7-2014]
A local emergency may be declared by the Director of Emergency
Services according to the requirements of § 44-146.21, Code
of Virginia.
Nothing in this article is to be construed to:
A.
Limit,
modify or abridge the authority of the Governor to exercise any powers
vested in him under the laws of this commonwealth in conjunction with
any provisions of this article.
B.
Interfere
with dissemination of news or comment on public affairs, but any communications
facility or organization, including but not limited to radio and television
stations, wire services and newspaper, may be required to transmit
or print public service messages furnishing information or instructions
in connection with actual or pending disaster.
C.
Affect
the jurisdiction or responsibilities of police forces or units of
the Armed Forces of the United States or of this commonwealth and
any personnel thereof, when on active duty, but the Appomattox County
Emergency Services Organization shall place reliance upon such forces
in the event of declared disasters.
D.
Interfere
with the course of conduct of a labor dispute, except that actions
otherwise authorized by this article or other laws may be taken when
necessary to forestall or mitigate imminent or existing danger to
public health or safety.
