City of Royal Oak, MI
Oakland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Commission of the City of Royal Oak 10-3-1994 by Ord. No. 94-17. Amendments noted where applicable.]
GENERAL REFERENCES
Civil emergencies — See Ch. 251.
This chapter shall be known as the "Emergency Management Ordinance."
For purposes of this chapter, certain words used herein are defined as follows:
ACT
The Michigan Emergency Management Act, Act No. 390 of the Public Acts of 1976, as amended.[1]
DISASTER
An occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from a natural or human-made cause, including but not limited to fire, flood, snowstorm, ice storm, tornado, windstorm, wave action, oil spill, water contamination, utility failure, hazardous peacetime radiological incident, major transportation accident, hazardous materials incident, epidemic, air contamination, blight, drought, infestation, explosion, or hostile military action or paramilitary action, or similar occurrences resulting from terrorist activities, riots, or civil disorders.
DISASTER RELIEF FORCE
All agencies of county and municipal government, private and volunteer personnel, public officers and employees, and all other persons or groups of persons identified in the Oakland County Emergency Operations Plan as having duties to perform or those called into duty or working at the direction of a party identified in the plan to perform a specific disaster or emergency-related task during a local state of emergency.
DISTRICT COORDINATOR
The Michigan Department of State Police District Emergency Management Coordinator. The District Coordinator serves as liaison between local emergency management programs and the Michigan State Police Emergency Management Division in all matters pertaining to the mitigation, preparedness, response and recovery of emergency and disaster situations.
EMERGENCY MANAGEMENT COORDINATOR
The person appointed to coordinate all matters pertaining to emergency management within the City of Royal Oak. The Emergency Management Coordinator for Royal Oak is the Oakland County Emergency Management Coordinator.
EMERGENCY MANAGEMENT PROGRAM
A program established to coordinate mitigation, preparedness, response, and recovery activities for all emergency or disaster situations within a given geographical area made up of one or several political subdivisions. Such a program has an appointed Emergency Management Coordinator and meets the program standards and requirements as established by the Michigan Department of State Police Emergency Management Division. The City of Royal Oak has elected to be a part of the Oakland County emergency management program.
EMERGENCY OPERATIONS PLAN
The plan developed and maintained by Oakland County and political subdivisions included in the emergency management program area for the purpose of responding to all emergency or disaster situations by identifying and organizing the disaster relief force.
GOVERNOR'S STATE OF DISASTER
An executive order or proclamation by the Governor that implements the disaster response and recovery aspects of the Michigan Emergency Management Plan and applicable local plans of the county or municipal programs affected.
GOVERNOR'S STATE OF EMERGENCY
An executive order or proclamation by the Governor that implements the emergency response and recovery aspects of the Michigan Emergency Management Plan and applicable local plans of the county or municipal programs affected.
LOCAL STATE OF EMERGENCY
A declaration by the Mayor pursuant to the Act. This declaration implements the response and recovery aspects of the Oakland County Emergency Operations Plan and authorizes certain actions as described in this chapter.
VITAL RECORDS
Those records that contain information needed to continue the effective functioning of a government entity (jurisdiction, agency, department) and for the protection of the rights and interests of persons under emergency conditions in the event of an emergency or disaster situation.
[1]
Editor's Note: See MCLA § 30.401 et seq.
A. 
By the authority of this chapter, the Mayor hereby appoints the Oakland County Emergency Management Coordinator as the Emergency Management Coordinator for the City of Royal Oak. In addition to acting for, and at the direction of, the Oakland County Executive, the Emergency Management Coordinator will also act for, and at the direction of, the Mayor of Royal Oak.
B. 
A line of succession for the Oakland County Emergency Management Coordinator shall be established and shall be listed in the Oakland County Emergency Operations Plan.
The Emergency Management Coordinator shall comply with the standards and requirements as established by the Department of State Police, Emergency Management Division, under the authority of the Act, in accomplishing the following:
A. 
Direct and coordinate the development of the Oakland County Emergency Operations Plan, which shall be consistent with the Michigan Emergency Management Plan.
B. 
Specify departments or agencies which must provide an annex to the plan or otherwise cooperate in its development.
C. 
Identify departments and agencies to be included in the Emergency Operations Plan as part of the disaster relief force.
D. 
Develop and maintain a County Resource Manual.
E. 
Coordinate the recruitment, appointment, and utilization of volunteer personnel.
F. 
Assure the emergency management program meets eligibility requirements for state and federal aid.
G. 
Coordinate and/or conduct training and exercise programs for the disaster relief force within the county and to test the adequacy of the Emergency Operations Plan.
H. 
Through public information programs, educate the population as to the actions necessary for the protection of life and property in an emergency or disaster.
I. 
Assist in the development of mutual aid agreements.
J. 
Assist the Royal Oak Emergency Management Liaison with the development of standard operating procedures which are consistent with the Oakland County Emergency Operations Plan.
K. 
Oversee the implementation of all functions necessary during an emergency or disaster in accordance with the Oakland County Emergency Operations Plan.
L. 
Coordinate Oakland County emergency management activities with those of municipalities included in the county emergency management program, other municipalities, the state, and adjacent counties.
M. 
Coordinate all preparedness activities, including maintaining primary and alternate emergency operations centers.
N. 
Identify mitigation opportunities within the County and encourage departments/agencies to implement mitigation measures.
A. 
By authority of this chapter the Mayor shall appoint a liaison for the purpose of assisting the Oakland County Emergency Management Coordinator in coordinating the emergency management activities within Royal Oak. The duties of the liaison are as follows:
(1) 
Coordinate Royal Oak emergency management activities with those of Oakland County and adjacent jurisdictions.
(2) 
Assist the Oakland County Emergency Management Coordinator with the development of the County Emergency Operations Plan and the incorporation of municipal resources within the plan.
(3) 
Identify Royal Oak departments and agencies to be included in the Emergency Operations Plan as part of the disaster relief force.
(4) 
Identify Royal Oak resources and forward information to the Oakland County Emergency Management Coordinator for inclusion in the Oakland County resource manual.
(5) 
Coordinate the recruitment, appointment, and utilization of volunteer resources.
(6) 
Assist the Oakland County Emergency Management Coordinator with administering training programs.
(7) 
Coordinate Royal Oak participation in exercises conducted by Oakland County.
(8) 
Assist in the development of mutual aid agreements.
(9) 
Assist in educating the population as to actions necessary for the protection of life and property in an emergency or disaster.
(10) 
Encourage departments/agencies within Royal Oak to identify and implement procedures to mitigate the effects of potential disasters.
(11) 
Assist in the assessment of the nature and scope of the emergency or disaster and collect damage assessment information and forward to Oakland County.
(12) 
Coordinate the vital records protection program.
(13) 
Develop municipal standard operating procedures for disaster response which are consistent with the Oakland County Emergency Operations Plan.
B. 
The Mayor shall appoint a minimum of two persons as successors to the position of the Royal Oak Emergency Management Liaison. The line of succession shall be supplied to the Oakland County Emergency Management Coordinator.
A. 
On an annual basis, the Mayor shall review the eligibility and performance of the Oakland County Emergency Management Coordinator and make recommendations to the City Commission.
B. 
The Mayor shall review the effectiveness of the Oakland County Emergency Operations Plan as the plan relates to the City of Royal Oak once every two years. With the assistance of the Municipal Liaison, he or she shall make recommendations to the Oakland County Emergency Management Coordinator of any changes which may be needed. After this review and incorporation of necessary changes, the Mayor shall certify the plan current and adequate for the City of Royal Oak the ensuing two years.
C. 
When circumstances within the City of Royal Oak indicate that the occurrence or threat of occurrence of widespread or severe damage, injury or loss of life or property from natural or humanmade cause exists, the Mayor may declare a local state of emergency. Such a declaration shall be promptly filed with the Oakland County Emergency Management Office, who shall forward it to the Department of State Police, Emergency Management Division. This declaration shall not be continued or renewed for a period in excess of seven days except with the consent of the City Commission.
D. 
If the Mayor invokes such power and authority, he or she shall, as soon as reasonably expedient, convene the City Commission for one or more emergency meetings in accordance with the Open Meetings Act[1] to perform its normal legislative and administrative duties as the situation demands, and will report to that body relative to emergency activities. Nothing in this chapter shall be construed as abridging or curtailing the powers of the Royal Oak City Commission unless specifically provided herein.
[1]
Editor's Note: See MCLA § 15.261 et seq.
E. 
The Mayor may do one or more of the following under a local state of emergency:
(1) 
Direct the Oakland County Emergency Management Coordinator to implement the Oakland County Emergency Operations Plan.
(2) 
Issue directives as to travel restrictions on local roads within the municipality.
(3) 
Relieve Royal Oak employees of normal duties and temporarily reassign them to other duties.
(4) 
Activate mutual aid agreements.
(5) 
Direct the municipal disaster relief effort in accordance with the Oakland County Emergency Operations Plan and municipal standard operating procedures.
(6) 
Notify the public of the situation and recommend in-place or evacuation protective measures.
(7) 
Request a state of disaster or emergency declaration from the Governor as described in § 63-7.
(8) 
When obtaining normal approvals would result in further injury or damage, the Mayor may, until the City Commission convenes, waive procedures and formalities otherwise required pertaining to the following:
(a) 
For a period of up to seven days, send municipal employees and resources to the aid of other communities as provided by mutual aid agreements.
(b) 
For a period of up to seven days, appropriate and expend funds from the Disaster Contingency Fund created in § 63-9 up to $2,000.
(c) 
For a period of up to seven, days make contracts, obtain and distribute equipment, materials, and supplies for disaster purposes.
(d) 
Employ temporary workers.
(e) 
Purchase and distribute supplies, materials, and equipment.
(f) 
Make, amend, or rescind ordinances or rules necessary for emergency management purposes which supplement a rule, order or directive issued by the Governor or a state agency. Such an ordinance or rule shall be temporary and, upon the Governor's declaration that a state of disaster or state of emergency is terminated, shall no longer be in effect.
F. 
If a state of disaster or emergency is declared by the Governor, assign and make available for duty the employees, property, or equipment of the City of Royal Oak within or without the physical limits of Royal Oak as ordered by the Governor or the Director of the Michigan Department of State Police in accordance with the Act.
If a disaster or emergency occurs that has not yet been declared to be a state of disaster or a state of emergency by the Governor, and the Mayor determines that the situation is beyond the control of the City, he or she may request the Governor to declare that a state of disaster or state of emergency exists in the municipality in accordance with this Act. This shall be done by immediately contacting the Oakland County Emergency Management Coordinator. The Oakland County Emergency Management Coordinator shall immediately contact the Michigan State Police Emergency Management Division District Coordinator. The District Coordinator, in conjunction with the Emergency Management Coordinator and the Royal Oak Emergency Management Liaison, shall assess the nature and scope of the disaster or emergency, and they shall recommend state personnel, services, and equipment that will be required for its prevention, mitigation, or relief.
Each department, commission, board, or other agency of Royal Oak government is authorized to appoint volunteers to augment its personnel in time of emergency to implement emergency functions assigned in the Oakland County Emergency Operations Plan. Such individuals are part of the disaster relief force and shall be subject to the rules and operational control set forth by the respective department, commission, board, or agency through which the appointment was made, and shall be reimbursed for all action and necessary travel and subsistence expenses.
A Disaster Contingency Fund is hereby created in the budget of not less than $2,000. Money may be expended for the purpose of paying the disaster relief force, purchase of supplies and services, repair costs, or other needs required specifically for the mitigation of the effects of, or in response to, the emergency or disaster.
In accordance with the Act, personnel of the disaster relief force while on duty shall have the following rights:
A. 
If they are employees of Royal Oak, or other governmental agency regardless of where serving, have the powers, duties, rights, privileges, and immunities and receive the compensation incidental to their employment.
B. 
If they are not employees of Royal Oak or another governmental agency, be entitled to the same rights and immunities as are provided for by law.
The City Commission shall provide for the temporary movement and reestablishment of essential government offices in the event that existing facilities cannot be used.
As provided for in the Act and this chapter, the City, or the agents or representatives of the City, shall not be liable for personal injury or property damage sustained by the disaster relief force. In addition, any member of the disaster relief force engaged in disaster relief activity shall not be liable in a civil action for damages resulting from an act or omission arising out of and in the course of a person's good faith rendering of that activity, unless the person's act or omission was the result of that person's gross negligence or willful misconduct. The right of a person to receive benefits or compensation to which he or she may otherwise be entitled to under the workers' compensation law, any pension law, or act of congress will not be effected as a result of said activity.