[HISTORY: Adopted by the Town of Falmouth Special Town Meeting 4-6-1993,
Art. 2, approved 7-16-1993. Amendments noted where applicable.]
A.
DISASTER
(1)
(2)
(3)
EMERGENCY
(1)
(2)
(3)
EMERGENCY MANAGEMENT
EMERGENCY SERVICES
LOCAL EMERGENCY
Definitions. As used in this section, the following terms
shall have the meanings indicated:
MANMADEAny industrial, nuclear, hazardous materials or transportation accident, explosion, conflagration, power failure, natural resource shortage, environmental damage or other condition, except enemy action, resulting from man-made causes which threatens or causes human suffering, substantial damage to property or loss of life for a substantial number of citizens.
NATURALAny hurricane, tornado, flood, high water, wind-driven water, tidal wave, earthquake, landslide, mudslide, snowstorm, drought, fire or other catastrophe which threatens or results in hardship, human suffering, substantial damage to property or possible loss of life for a substantial number of citizens.
WAR-CAUSEDAny condition following an attack upon the United States resulting in substantial damage to property or injury to persons in the United States caused by bombs, missiles, shellfire, nuclear, radiological, chemical or biological means or other weapons, or other conditions such as sabotage, terrorist or overt paramilitary action.
Those conditions which may, by investigation made, be found actually
or likely to:
Affect seriously the safety, health or welfare of a substantial number
of citizens of the Town, or preclude the operation or use of essential public
services and facilities; or
Be of such magnitude or severity as to necessitate seeking state or
federal supplementation of local efforts or resources exerted or utilized
in alleviating the danger, damage, suffering or hardship faced; or
Have been caused by forces beyond the control of man, by reason of civil
disobedience, riot or disturbance, or by factors not foreseen and not known
to exist when all expenditure warrants were approved by a vote of Town Meeting
members.
The judicious planning, assignment and coordination of all available
resources in an integrated program of prevention, mitigation, preparedness,
response and recovery for an emergency resulting from a disaster of any kind.
The preparation for and the carrying out of functions, other than
functions for which military forces are primarily responsible, to prevent,
minimize and provide emergency repair of injury and damage resulting from
disaster, together with all other activities necessary or incidental to the
preparation for and carrying out of those functions. The functions include,
without limitation, fire-fighting, rescue and police services; health and
medical services; communications and disaster warning services; radiological,
chemical and biological weapons defense services; evacuation and emergency
transportation, shelter and welfare services; engineering, resources management,
road clearing and temporary restoration of utilities; and such other functions
related to civilian protection.
The condition declared by the Town Administrator or, in his/her absence,
by the Emergency Interim Successor, when in his/her judgment the threat or
actual occurrence of a disaster is or threatens to be of sufficient severity
and magnitude to warrant coordinated local government action to prevent or
alleviate the damage, loss, hardship or suffering threatened or caused thereby.
A "local emergency" cannot be declared where the emergency arises solely out
of resource shortage since such an emergency may only be declared under the
act of the Governor.
B.
Creation. The Falmouth Office of Emergency Management
(FOEM) is here by established under the Office of the Town Administrator and
shall be managed by a Director appointed annually by the Town Administrator.
C.
Function. The Falmouth Office of Emergency Management
will coordinate activities pertaining to natural, man-made and war-caused
disasters and will assist the Town Administrator as he/she exercises the authority
and discharges the responsibilities vested in him/her in this bylaw and other
applicable laws of the state and the bylaws and Charter of the Town of Falmouth.
A.
Authority.
(1)
The Town Administrator is authorized to declare a local
emergency upon finding a disaster is imminent or has occurred. Such a declaration
is subject to the approval by the Chair of the Board of Selectmen or his/her
designee, such designee to be an elected official of the Town of Falmouth.
(2)
Such a declaration shall not be continued or renewed
beyond seven (7) days without the approval by a majority vote of the Board
of Selectmen. Any order or proclamation declaring, extending or terminating
the state of emergency shall be given prompt and general publicity and shall
be immediately filed with the Massachusetts Emergency Management Agency, in
writing and signed by the Town Administrator and the Chair of the Board of
Selectmen or his/her designee as defined above. Such a declaration activates
the response and recovery aspects of the Town of Falmouth's Comprehensive
Emergency Management Plan.
(3)
During any declared local emergency the Town Administrator:
(a)
Shall have the full authority and power to act on behalf
of the Town and exercise the powers conferred on the Town under the applicable
provisions of the Commonwealth of Massachusetts Emergency Management Regulations
as defined in the Civil Defense Acts of 1953 as amended and detailed in subsequent
executive orders.
(b)
May control egress and ingress to and from a disaster
area, and the occupancy of the premises therein.
(c)
May impose and enforce a curfew.
(d)
May suspend or limit the sale, dispensing or transportation
of alcoholic beverages, firearms and explosives.
(e)
May require the emergency services of any Town officer
or employee.
(f)
May suspend the routine hours for operation of the Town
government.
(g)
May call for mutual aid from communities with whom prior
mutual aid agreements have been signed.
(h)
May request state or federal assistance.
B.
A new Administrator shall be apprised of his or her role
in emergency management within thirty (30) days of assuming the position.
C.
The Town Administrator and Board of Selectmen will consider
Town Meeting members as a primary resource in the planning and response to
an emergency situation in the Town of Falmouth.
The Director shall report directly to the Town Administrator. He/she
shall be responsible for the planning, administration and operation of the
Falmouth Office of Emergency Management, subject to the direction and control
of the Town Administrator. The Director will also serve as a link between
Town government and the state and federal emergency management agencies.
A.
The Office of Emergency Management shall prepare and
maintain a Comprehensive Emergency Management Plan (CEM) in the format required
by both federal and state emergency management agencies.
B.
As a part of the Comprehensive Emergency Management Plan
each Town department shall submit and identify the emergency services, equipment,
facilities, procedures and personnel, as well as extra needs, to be utilized
during a threatened or actual emergency. Such plan shall be submitted within
ninety (90) days of acceptance of this bylaw and shall be reviewed annually.
A.
The Office of Emergency Management shall establish an
Emergency Operations Center (EOC) equipped with a communications system and
generator to support government operations during an emergency. It shall provide
those essential facilities and equipment needed to sustain personnel while
working in the EOC for long periods of time.
B.
Each Town department shall be represented in the EOC
by the department head or his or her designate so that coordination of emergency
operations can take place.
C.
A media center shall be established outside the EOC to
provide up-to-date information about the status of the emergency for dissemination
to the public.
A.
DULY AUTHORIZED DEPUTY
EMERGENCY INTERIM SUCCESSOR
UNAVAILABLE
Definitions. As used in this section, the following terms
shall have the meanings indicated:
A person who is presently authorized to perform all functions, exercise
all powers and discharge all duties of an office in the event the office is
vacant or at such times as it lacks administration due to the death, absence
or disability of the incumbent officer.
A person designated pursuant to this section for temporary succession
to the powers and duties, but not the office, of a Town official in the event
such official or any duly authorized deputy is unavailable to exercise the
powers and discharge the duties of the office.
Either that a vacancy in office exists and there is not deputy authorized
to exercise all of the powers and discharge the duties of the office, or that
the local incumbent of the office and his duly authorized deputy is absent
or unable, for physical, mental or legal reasons, to exercise the duties of
the office.
B.
Emergency interim successors.
(1)
General.
(a)
No person shall be designated or serve as emergency interim
successor unless he or she may, under the Constitution, the laws of the Commonwealth
and the Town Charter, hold the office of the person to whose powers and duties
he is designated to succeed.
(b)
No provision of the Town Charter nor local law prohibiting
an officer or employee of the Town from holding another office shall be applicable
to an emergency interim successor.
(2)
Elected officials.
(a)
The Board of Selectmen shall meet on an as-needed basis
during a state of emergency.
(b)
In the event that neither the Town Clerk nor his or her
Deputy are available during a proclaimed state of emergency, the Board of
Selectmen shall designate an emergency interim successor from the staff of
the Town Clerk's office, in accordance with procedures specified in Massachusetts
General Laws.
(c)
A person designated an emergency interim successor shall
take the oath of the office to which they are designated at the time they
are required to assume the powers of the office and shall serve for the duration
of the emergency, or until they are replaced or until the holder of the office
is again available.
(3)
Town Administrator. In the event the Town Administrator
shall become unavailable during a declared state of emergency, the Assistant
Town Administrator shall assume the powers and duties of the Town Administrator,
and in the event the Assistant Town Administrator shall become unavailable
during that time, the Board of Selectmen shall designate an emergency interim
successor they deem suitable by training and experience for the position.
[Amended AFTM 11-13-2006, Art. 16, approved 3-6-2007]
(4)
Other appointive officials. Annually, each department
head shall identify the chain of command in his/her department and submit
the list to the Town Administrator.
C.
Preservation of vital records.
(1)
All vital records shall be physically protected through
one (1) or more of the following: dispersal, duplicate copies, secure storage
facilities. Automatic data processing systems and records shall be maintained
in duplicate and transportable off-site as needed during an emergency.
(2)
Each department shall identify by list those records
essential for its continuing functions during an emergency, their locations
and the procedures for moving such records to a secure location if necessary
so they are immediately available as needed for the duration of the emergency.
(3)
Each department that handles records of vital statistics
or records for which originals must be maintained shall ensure that such records
have safe and accessible storage during an emergency.
(4)
All records that are necessary for government functions
and protection of the rights and interests of the public, such as but not
limited to charters, statutes, legal and financial reports, shall be immediately
available to Town officials if relocation of Town government is required during
an emergency.
D.
Relocation of seat of government. When the Town Hall
becomes temporarily unusable for continuing government operations for the
duration of the emergency, the Town Administrator shall order the relocation
of certain personnel to temporary quarters at another site.
