[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:
The Michigan Emergency Management Act, Act No. 390 of the Public
Acts of 1976, as amended.[1]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
(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.
