[HISTORY: Adopted by the City Commission of the City of Kalamazoo as indicated in article histories. Amendments noted where applicable.]
Interfering with City officers generally — See § 22-20.
Impersonating City policemen, firemen or inspector — See § 22-23.
Emergency Management Act — See MCLA § 30.401 et seq.
Article I In General
Article II Continuity in Government in Event of Attack
[Derived from Adm. Code § A223]
As used in this article, the following words shall have the meanings ascribed to them in this section:
- CIVIL DEFENSE
- The preparation for, and the execution of, all emergency functions, other than functions for which the military forces are primarily responsible. Civil defense shall include protection against, and minimization of damage and injury resulting from, natural disaster, enemy attack, sabotage or other hostile action.
- A condition resulting from natural disaster or enemy attack which strains the capabilities of normal operating personnel, facilities and procedures.
- NATURAL DISASTER
- Any condition which seriously affects or threatens public health, welfare or security as a result of severe fires, explosion, flood, tornado or similar occurrence. Riots, strikes or other civil disturbances shall not be included within the meaning of "natural disaster."
[Amended 10-13-1975 by Ord. No. 1066]
The Office of Civil Defense is hereby created. Such office shall be comprised of:
The Director of Civil Defense.
Those City departments, employees and equipment suitable for or adaptable to civil defense activities.
Civil defense volunteers, including those persons and private institutions and agencies, offering their services and which the Civil Defense Director wishes to include in the Office of Civil Defense.
Those governmental units which join with the City for civil defense purposes, together with their employees and equipment.
[Amended 10-13-1975 by Ord. No. 1066]
There shall be a Director of Civil Defense who shall be appointed by and serve at the pleasure of the City Manager. Such Director shall be the executive head of the Office of Civil Defense and shall be responsible for the organization, administration and operation of such office.
The Director of Civil Defense shall coordinate all activities for civil defense and disaster control and shall cooperate with other interested agencies, public and private.
The Director of Civil Defense may recruit individuals or institutions as volunteers for Director of Civil Defense purposes, if and when this becomes necessary. The Director may issue proper insignia and papers to civil defense personnel.
In the event of an actual or threatened enemy attack or natural disaster, the Director of Civil Defense may:
Declare a state of emergency, publicize his declaration by all available means and, as soon thereafter as practical, have the City Commission convene to perform its legislative functions. The City Commission shall have the power to terminate the state of emergency.
Promulgate such emergency regulations as may be deemed necessary to protect life and property and to conserve critical resources. All such regulations shall be publicized by all available means and shall be subject to approval by the City Commission as soon as practicable subsequent to promulgation.
Request the state, its agencies or political subdivisions, to send aid, if the situation is beyond control of the civil defense forces of the City.
Order civil defense forces to the aid of the state or its political subdivisions, subject to Commission review, as soon as practicable.
Command services and the use of equipment and facilities for such work and duties as may be required in time of emergency.
When a state of emergency has been declared, the Director may assemble and utilize the civil defense forces.
The City Commission may promulgate regulations, upon the recommendation of the Director of Civil Defense, when necessary for civil defense tests.
The Director of Civil Defense may negotiate arrangements with other governmental units or their agencies, such as the Federal Civil Defense Administration, the Michigan Office of Civil Defense and the County of Kalamazoo, for civil defense purposes. Where necessary, these cooperative arrangements shall receive Commission approval.
When a state of emergency is in effect, in accord with § 12-4, the orders, rules and regulations promulgated pursuant to this article shall supersede all existing ordinances and resolutions, which are inconsistent therewith.
It shall be unlawful for any person to obstruct, hinder or delay the civil defense personnel or disobey any lawful command, rule or regulations made pursuant to this article.
It shall be unlawful for any person to wear, carry or display any emblem or insignia or other means of identification as a member of the civil defense organization, unless authority to do so has been granted to such person by the proper officials.
[Derived from Adm. Code § A226]
This article shall be known and may be cited as the "Continuity of Government Ordinance of the City of Kalamazoo."
Because of the existing possibility of an attack upon the United States of unprecedented size and destructiveness, including the inevitable hazards of radioactive contamination, and in order, in the event of such an attack, to assure the continuation of effective, legally constituted leadership, authority and responsibility in the offices of the government of this City, it is found and declared by the City Commission to be necessary to provide for emergency interim officers who can exercise the powers and discharge the duties of the key executive, administrative and legislative offices of this City in the event that the incumbents thereof, and their deputies, assistants or other subordinate officers authorized, pursuant to law, to exercise the powers and discharge the duties of such offices, are killed, missing, disabled or for some other cause unable to perform the duties and functions of their offices during and immediately after an enemy attack.
The following definitions shall apply to the interpretation and administration of this article, unless the context otherwise clearly indicates:
- Any attack or series or attacks by an enemy of the United States causing, or which may cause, substantial damage or injury to civilian property or persons in the United States in any manner, by sabotage or by the use of bombs, missiles, shellfire or atomic, radiological, chemical, bacteriological or biological means or other weapons or processes.
- DULY AUTHORIZED DEPUTY
- A person who is presently authorized to perform all of the functions, exercise all of the powers and discharge all of the 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.
- EMERGENCY INTERIM SUCCESSOR
- A person designated pursuant to this article for possible temporary succession to the powers and duties, but not the office, of a City officer in the event that such officer 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 no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office (including any deputy exercising the powers and discharging the duties of an office because of a vacancy) and his duly authorized deputy are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office.
Within 30 days after first entering upon the duties of their office, the City Commissioners shall adopt a resolution listing the most recent 20 available persons who have served in such office, but no longer are so serving, to act as their emergency interim successors. If the Mayor and Vice Mayor shall be unavailable, the functions of Mayor shall be performed by the person selected by the Commissioners or a majority thereof.
Within 30 days after first entering upon the duties of his office, the City Manager, City Clerk, City Treasurer, City Attorney, Police Chief, Fire Chief, Director of Public Works, Civil Defense Director, Purchasing Agent, Director of Utilities and Director of Parks and Recreation shall, in addition to any duly authorized deputy, designate such number of emergency interim successors to his office and specify their rank in order of succession, after any duly authorized deputy, so that there will be not less than three duly authorized deputies or emergency interim successors, or combination thereof, for the office.
The incumbent City officers above designated shall review and, as necessary, promptly revise the designations of emergency interim successors or duly authorized deputies, or any combination thereof, for each officer specified.
No person shall be designated or serve as an emergency interim successor, unless he may, under the Constitution and statutes of this state and the Charter and ordinances of this City, hold the office of the person to whose powers and duties he is designated to succeed, but no provision of any ordinance prohibiting an officer or employee of this City from holding another office shall be applicable to an emergency interim successor.
At the time of their designation, emergency interim successors shall take such oath and do such other things, if any, as may be required to qualify them to exercise the powers and discharge the duties of the office to which they may succeed.
A person designated as an emergency interim successor holds that designation at the pleasure of the designator; provided that, he must be replaced if removed. He retains his designation as emergency interim successor until replaced by another appointed by the authorized designator.
If, in the event of an attack, any officer named in § 12-23 and any duly authorized deputy is unavailable, his emergency interim successor highest in rank in order of succession, who is not unavailable, shall, except for the power and duty to appoint emergency interim successors, exercise the powers and discharge the duties of such officer. An interim successor shall exercise these powers and discharge these duties only until such time as the lawful incumbent officer or any duly authorized deputy or an emergency interim successor higher in rank in order of succession exercises, or resumes the exercise of, the powers and discharge of the duties of the office, or until, where an actual vacancy exists, a successor is appointed to fill such vacancy or is elected and qualified as provided by law.
The name, address and rank in order of succession of each duly authorized deputy shall be filed with the City Clerk and the County Clerk and each designation, replacement or change in order of succession of an emergency interim successor shall become effective when the designator files with the City Clerk and the County Clerk the successor's name, address and rank in order of succession. The City Clerk and the County Clerk shall keep on file all such data regarding duly authorized deputies and emergency interim successors and it shall be open to public inspection.
In the event of an attack, quorum requirements for the City Commission shall be suspended, and where the affirmative vote of a specified proportion of members, for approval of an ordinance, resolution or other action, would otherwise be required, the same proportion of those voting thereon shall be sufficient.