[HISTORY: Adopted by the Common Council of the City of New Berlin 10-10-2000 by Ord. No. 2124 as Ch. 6 of the Municipal Code. Amendments noted where applicable.]
"Emergency government" shall mean the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to minimize and repair injury and damage resulting from disaster caused by enemy attack, sabotage, or other hostile action, or by fire, flood, or other natural causes.
By reason of the increasing possibility of disasters of unprecedented size and destructiveness, and to ensure that preparations will be adequate to cope with such disasters, and to provide for the common defense, to protect the public peace, health, safety, and general welfare, and to preserve the lives and property of the people, it is hereby declared necessary:
It is further declared to be the purpose of this chapter and the policy of the city that all emergency government functions of the city be coordinated to the maximum extent practicable with existing services and facilities of the city and with comparable functions of the federal, state, and county government and other political subdivisions, and of various private agencies to the end that the most effective preparation and use may be made of manpower, resources and facilities for dealing with any disasters that may occur.
Appointment. The office of Emergency Government Director is hereby created. The Director shall be appointed by the Mayor, subject to confirmation by the Common Council. The appointment shall be for a term of three years. Deputies and Coordinators may be appointed by the Director. Emergency government personnel shall take and file an official oath. Salaries shall be established each year through the budget process with a January 1 effective date.
Duties and authority of Director.
The Director shall be the executive head of the emergency government organization and shall have direct responsibility for the organization, administration, and operation of the emergency government organization subject to the direction and control of the Mayor and the City Council.
He shall coordinate all activities for emergency government within the city and shall maintain liaison and cooperate with emergency government agencies and organizations of other political subdivisions and of the state and federal government, and shall participate in county and state emergency government activities upon request.
He shall have such additional authority, duties, and responsibilities as are authorized by this chapter and as may from time to time be required by the Mayor and the City Council.
The Director shall prepare a comprehensive general plan for the emergency government of the city and shall present such plan to the City Council for its approval. When the City Council has approved the plan by resolution, it shall be the duty of all municipal agencies and all emergency government forces of the city to perform the duties and functions assigned by the plan as approved. The plan may be modified in like manner.
In preparing and executing the emergency government plan, the Director shall utilize the services, equipment, supplies and facilities of the existing departments and agencies of the city to the maximum extent practicable. The officers and personnel of all departments and agencies are directed to cooperate with and extend their services and facilities to the Director.
Whenever necessary to meet an emergency government situation for which adequate regulations have not been adopted by the City Council, the Mayor, and in his absence the Director of Emergency Government, may by proclamation promulgate and enforce any orders, rules, and regulations relating to the conduct of persons and the use of property as shall be necessary to protect the public peace, health and safety, and preserve lives and property and to ensure the cooperation necessary in emergency government activities. These proclamations shall be posted in five public places in the city and may be rescinded at any time.
The Director of Emergency Government may, subject to the approval of the City Council, enter into mutual aid agreements with other political subdivisions. Copies of these agreements shall be filed with the State Director of Emergency Government.
Upon the declaration by the Governor, the Mayor, the Emergency Government Director in the absence of the Mayor, or the City Council, of a state of emergency, the Director of Emergency Government shall issue all necessary proclamations as to the existence of such state of emergency and shall issue any disaster warnings or alerts as shall be required in the emergency government plan. The emergency government organization shall take action in accordance with the emergency government plan only after the declaration of an emergency and the issuance of official disaster warnings. A state of emergency shall continue until terminated by the issuing authority, provided that any declaration not issued by the Governor may be terminated at the discretion of the City Council.
Workmen's compensation. Employees of the city's emergency government units are employees of the city for purposes of workmen's compensation benefits. Volunteer emergency government workers in the city's emergency government units are employees of the city for purposes of workmen's compensation benefits, provided they are duly registered in writing for purposes of workmen's compensation benefits. Any employment which is part of an emergency government program, including, but not restricted because of enumeration, test runs and other activities which have a training objective, as well as emergency government activities during an emergency proclaimed by the Governor, or which grows out of and is incidental to such emergency government activity, is covered employment. Members of an emergency government unit who are not acting as employees of a private employer during emergency government activities are employees of the emergency government unit for which acting. If no pay agreement exists, or if the contract pay is less, pay for workmen's compensation purposes shall be computed at $2,080 per annum.
Indemnification of employee. Emergency government employees as defined in Subsection A shall be indemnified by the city against any tort liability to third persons incurred in the performance of emergency government activities while acting in good faith and in a reasonable manner. Emergency government activities constitute a governmental function.
State reimbursement. If the total liability for workmen's compensation benefits under Subsection A, indemnification benefits under Subsection B, and loss of equipment incurred in any calendar years exceeds $1 per capita of the city's population, application shall be made to the State of Wisconsin for reimbursement of such excess, upon certification of the State Director of Emergency Government.
Pay. Emergency government employees shall receive no pay unless specific agreement for pay is made.
No person shall have the right to expend any public funds of the city in carrying out any emergency government activity authorized by this chapter without prior approval by the City Council, nor shall any person have any right to bind the city by contract, agreement or otherwise without prior and specific approval of the City Council.
Any person who shall obstruct, hinder or delay any member of the emergency government organization in the enforcement of any order, rule, regulation or plan issued pursuant to this chapter shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 1, General Provisions, § 1-18 of this Code.