City of St. Francis, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of St. Francis as Ch. 6 of the 1981 Code. Amendments noted where applicable.]
"Emergency government" means the preparation for and 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.
Conditions of employment. The Emergency Government Director shall be appointed by the Common Council and shall receive such salary as may be authorized by the Council. He shall take and file an official oath.
Duties. The Director shall be the executive head of the City Emergency Government Organization and shall have direct responsibility for the organization, administration and operation of such organization, subject to the direction and control of the Mayor and the Common Council. In addition to such powers and responsibilities as may be imposed on him from time to time by the Council, he shall:
Coordinate all activities for emergency government within the City.
Maintain liaison and cooperate with emergency government agencies and organizations of other political subdivisions and of the state and federal governments.
Participate in county and state emergency government activities upon request.
Develop and promulgate a comprehensive general plan for the emergency government of the City consistent with the state plan.
Upon the declaration of an emergency, issue all necessary proclamations as to the existence of such state of emergency and such disaster warnings or alerts as are required by the emergency government plan.
Assistants. Such deputy and assistant directors may be appointed by the Director as may be deemed necessary, subject to the approval of the Common Council. Such appointees shall receive such compensation as the Common Council may determine.
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, and all departments and agencies shall cooperate with and extend such services and facilities in accordance with the emergency government plan.
The emergency government organization shall take action in accordance with the emergency government plan only after a declaration of emergency and the issuance of official disaster warnings. Declarations of emergency shall be made by the Governor, the Common Council or the Mayor or, in his absence, by the Director. Such state of emergency shall continue until terminated by the issuing authority, provided that any declaration not issued by the Governor may be terminated by the Common Council.
Whenever necessary to meet an emergency for which adequate regulations have not been adopted by the Common Council, the Mayor or, in his absence, the Emergency Government Director may proclaim, promulgate and enforce orders, rules and regulations relating to the conduct of persons and the use of property which are necessary to protect the public peace, health and safety, to preserve lives and property and to ensure cooperation in emergency government activities. Such proclamations may be rescinded by resolution of the Common Council.
Location of City government. Whenever, during the continuance of a state of emergency proclaimed by the Governor under Ch. 166, Wis. Stats., it becomes imprudent, inexpedient or impossible to conduct the affairs of government of the City at the regular or usual places thereof, the Common Council may meet at any place on the call of the Mayor or his successor and shall proceed to establish and designate, by ordinance, resolution or other manner, an alternate or substitute site or place as the emergency temporary location of government where all or any part of the public business may be transacted and conducted during the emergency situation. Such alternate or substitute site or place may be within or without those of the state. If practicable, it shall be the site designated as the emergency temporary location of the City government in the current emergency government plan of the City.
Exercise of governmental authority. During the period when the public business is being conducted at a temporary emergency location, the Common Council and other officers of the City shall have and possess and shall exercise at such location all the executive, legislative, administrative and judicial powers and functions conferred upon the Common Council and officers of the City by or under the laws of the state. Such powers and functions, except judicial, may be exercised in the light of the exigencies of the emergency situation and without regard to, or compliance with, time-consuming procedures and formalities prescribed by law and pertaining thereto. All acts of the Common Council and officers shall be valid and binding as if performed within the territorial limits of the City.
The Director may authorize expenditures necessary to carry out the provisions of this chapter. The Director is authorized to exercise the powers vested in him in the light of the exigencies of the situation without regard to the procedures and formalities prescribed by other provisions of law pertaining to the performance of public work, entering into contracts, the incurring of obligations, the employment of temporary workers, the rental of equipment, and the purchase of supplies and materials. In no event shall the liability of the City of St. Francis under any circumstances exceed the fair and reasonable value of the services rendered or supplies and equipment furnished or materials furnished.
No person shall willfully 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 or violate any order, rule, regulation or plan issued pursuant to the authority contained in this chapter.
Any person who shall violate any provision of Subsection A shall be subject to a penalty as provided in § 1-4 of this Code.