[HISTORY: Adopted by the Common Council of
the City of New Berlin 1-25-2022 by Ord. No. 2657.[1] Amendments noted where applicable.]
A.Â
"Emergency management" 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.
B.Â
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:
C.Â
It is further declared to be the purpose of this chapter and the
policy of the City that all emergency management 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.
A.Â
Appointment. The Office of Emergency Management is hereby created
as a division of the Community Development Department. The Manager
shall be appointed by the Director of Community Development pending
Council approval. The Manager shall hold office for an indefinite
term, subject to removal as provided by law. Other Emergency Management
staff may be appointed by the Director of Community Development pending
Council approval. Emergency Management personnel shall take and file
an official oath.
B.Â
Duties and authority of Emergency Management Manager.
(1)Â
The Emergency Management Manager shall be the administrative head
of the emergency management organization and shall have direct responsibility
for the organization, administration, and operation of the emergency
management organization subject to the direction and control of the
Director of Community Development and the Mayor. (In the absence of
the Director, the Deputy Director of Community Development shall assume
these duties and decisionmaking capabilities.)
(2)Â
The Emergency Management Manager shall coordinate all activities
for emergency management within the City and shall maintain liaison
and cooperate with emergency management agencies and organizations
of other political subdivisions and of the state and federal government
and may participate in county and state emergency management activities
upon request and as approved by the Director of Community Development
or the Mayor.
(3)Â
The Emergency Management Manager 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 Director of Community
Development, Mayor or the City Council.
(4)Â
The Emergency Management Manager, in collaboration with the Director
of Community Development, shall prepare a comprehensive general plan
for the emergency management of the City, as well as a continuity
of operations plan, and shall present such plans to the Mayor for
review and approval. The Director of Community Development and the
Mayor are hereby authorized to approve the continuity of operation
plan and comprehensive general plan for the emergency management of
the City and to inform all City staff of such plans and to provide
training for said staff to facilitate the implementation of the plans.
It shall be the duty of all municipal agencies and all emergency managements
forces of the City to perform the duties and functions assigned by
the emergency management plan and continuity of operations plan as
approved. The plans may be modified by the Mayor and Director of Community
Development in consultation with the Emergency Management Manager
from time to time as necessary. The continuity of operations plan
and the emergency management plan shall be updated no less than once
every five years, and shall be integrated into the City’s overall
comprehensive plan where appropriate.
[Amended 5-23-2023 by Ord. No. 2671]
In preparing and executing the emergency management plan, the
Emergency Management Manager 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 Emergency Management Division.
A.Â
Whenever
necessary to meet an emergency management situation for which adequate
regulations have not been adopted by the Common Council, the Mayor,
and, in his absence, the Council President, and, in his absence, the
Emergency Management Manager or Director of Community Development,
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 management activities. These proclamations shall be posted
on the City's webpage, via social media and at City Hall.
B.Â
The Mayor,
and in his absence, the Common Council President and/or the Common
Council acting collectively, may suspend or modify the City procurement
policies, the process for application for demolition permits, zoning
permits and building permits during the existence of a state of emergency
as declared by the City, Waukesha County, the State of WI or the federal
government. The modification and/or suspension of such policies shall
only be permitted in so far as they are allowed within the discretion
of the officers of the City of New Berlin and do not otherwise conflict
with City, state, federal or Waukesha County regulations.
[Added 5-23-2023 by Ord. No. 2671]
C.Â
The Continuity
of Operations Plan Unit Team shall have the authority to implement
the continuity of operations plan at such time as the Mayor directs
that the continuity of operations plan be implemented.
[Added 5-23-2023 by Ord. No. 2671]
The Manager of Emergency Management and/or the Director of Community
Development may, subject to the approval of the Common Council, enter
into mutual aid agreements with other political subdivisions. Copies
of these agreements shall be filed with the State Emergency Management
Office.
Upon the declaration of a state of emergency by the Governor,
the Mayor, or, in the absence of the Mayor, the Council President,
or, in the absence of the Council President, the Director of Community
Development or the Manager of Emergency Management, 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 management plan. The emergency management organization
shall take action in accordance with the emergency management 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 Common
Council.
A.Â
Workmen's compensation. Employees of the City's emergency management
units are employees of the City for purposes of workmen's compensation
benefits. Volunteer emergency management workers in the City's emergency
management 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 and that they meet
the Wisconsin statutory and administrative code restrictions for volunteers
to receive worker's compensation benefits. Any employment which is
part of an emergency management program, including, but not restricted
because of enumeration, test runs and other activities which have
a training objective, as well as emergency management activities during
an emergency proclaimed by the Governor, or which grows out of and
is incidental to such emergency management activity, is covered employment
subject to the restrictions provided for in the Wisconsin statutes
and administrative code. Subject to the restrictions provided for
under Wisconsin law, members of an emergency management unit who are
not acting as employees of a private employer during emergency management
activities are employees of the emergency management unit for which
they are acting.
B.Â
Indemnification of employee. Emergency management 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 management activities while acting in good faith and in a reasonable manner. Emergency management activities constitute a governmental function.
C.Â
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 Management.
D.Â
Pay. Emergency management volunteers shall receive no pay unless
specific agreement for pay is made.
[Amended 5-23-2023 by Ord. No. 2671]
Except as expressly provided hereunder, no person shall have
the right to expend any public funds of the City in carrying out any
emergency management activity authorized by this chapter 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
and specific approval of the Common Council and/or per the City's
procurement or contract policies. Notwithstanding the foregoing, the
Mayor and the Director of Community Development shall have the authority
under the City’s procurement policy to purchase supplies, equipment
or services as may be necessary to address a current emergency as
declared by the Mayor, Common Council President or Council of the
City of New Berlin in a total amount not to exceed $100,000. The Emergency
Management Manager or Director of Community Development shall have
the authority to purchase supplies, equipment or services as may be
necessary to address a current emergency situation as declared by
the City in an amount not to exceed $50,000; however, the total amount
spent shall not exceed $100,000 unless authorized by the Common Council.
Any expenses incurred under this subsection shall immediately be reported
to the Mayor and the Finance Director.
Any person who shall 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 chapter shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 1, General Provisions, § 1-18, of this Code.
[Added 5-23-2023 by Ord. No. 2671]
From time to time, the City holds events for the benefit of the public, including activities such as the Fourth of July Festival, the Safety Saturday Event, as well as other City sponsored fairs, festivals, parades, walks, runs/marathons, markets, block parties, exhibitions, motion picture showings or other City sponsored events. These events shall be subject to the right of the City to shut down such an event that is in progress if the continuation of the event is deemed to be inadvisable due to a public safety hazard and/or public nuisance as determined by the police department, fire department and/or City of New Berlin emergency management. Any attendee and/or vendor at such events shall be required to abide by an order of the police department, fire department and/or emergency management to terminate the event and to leave the event location. Failure to abide by order or direction of these police department, fire department and/or emergency management shall be subject to citation in accordance with § 1-18 of the City of New Berlin Municipal Code.
