To ensure that the County of Green Lake will be prepared to cope with emergencies resulting from enemy action and with emergencies resulting from natural or man-made disasters, an Emergency Management Organization is created to carry out the purposes set out in Ch. 323, Wis. Stats.
[HISTORY: Adopted by the Board of Supervisors of Green Lake County 3-17-1981 by Ord. No. 243-81; amended in it entirety 3-18-2025 by Ord. No. 04-2025. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
Includes civil defense and means all those activities and measures designed or undertaken to:
Minimize the effects upon the civilian population caused or which would be caused by enemy action.
Deal with the immediate emergency conditions which could be created by such enemy action.
Effectuate emergency repairs to, or the emergency restoration of, vital public utilities and facilities destroyed or damaged by such enemy action.
Any hostile action taken by a foreign power which threatens the security of the State of Wisconsin.
Includes all other extraordinary misfortunes affecting the County, natural or man-made, not included in the term "enemy action."
A.
County Board Chairperson authority. The County Board Chairperson or in his or her absence, the Vice Chairperson, or in his or her absence, the County Administrator, may declare an emergency pursuant to Wis. Stats. § 59.12(2)(a) and Wis. Stats. Ch. 323 and order the County Board to convene a special meeting for the limited purpose of considering a resolution to declare a state of emergency. The special meeting may be called at an emergency temporary location and without regard for the notices and time requirements otherwise mandated by statute. The conditions which would serve as a basis for a declaration of emergency or for a resolution declaring a state of emergency include, without limitation because of enumeration: conditions arising by reason of war, conflagration, flood, heavy snow storm, blizzard, catastrophe, disaster, riot, civil commotion, acts of God and conditions which impair transportation, food or fuel supplies, medical care, fire, health, or police protection or other vital facilities of the County.
B.
County Board declaration of state of emergency. The County Board may declare, by resolution, a state of emergency for Green Lake County or any portion thereof if the County Board determines that an emergency exists. The duration of such state of emergency shall not exceed 60 days as to an emergency resulting from enemy action or 30 days as to emergencies resulting from natural or man-made disasters, unless either is extended by resolution of the County Board of Supervisors. The duration of a declared state of emergency may not exceed the length of time beyond when emergency conditions exist. A copy of the resolution shall be filed with the Governor. The resolution may be revoked at the discretion of the County Board Chairperson, or in his or her absence, the Vice Chairperson, or in his or her absence, the County Administrator by written order or the County Board of Supervisors by resolution.
C.
Powers imposed upon declaration of emergency.
(1)
Unless expressly limited in the resolution declaring the state of emergency, the resolution declaring the state of emergency shall confer upon the County Board Chairperson, or in his or her absence, the County Board Vice Chairperson the power to appoint emergency interim successors to all vacant County offices to serve only during the term of the state of emergency.
(2)
Unless expressly limited in the resolution declaring the state of emergency, the resolution declaring the state of emergency shall confer upon the County Administrator all powers to undertake whatever is necessary and expedient for the health, safety, welfare and good order of the County during such emergency, including requesting resources from the State of Wisconsin; suspending required permits, price controls or other restrictions, suspending requirements that any public work (repair and reconstruction) estimated to cost over $25,000 be let by contract to the lowest bidder; declaring priority of emergency management contracts over other contracts, allocating materials and facilities in his or her discretion; taking, using and destroying private property for emergency management purposes; contracting on behalf of the County with any person to provide equipment and services on a cost basis to be used in disaster relief. The County Administrator shall also oversee the County Emergency Management Director in the coordination of response and recovery activities.
A.
Office created. There is hereby created the office of County Emergency Management Director.
B.
Term, appointment and statutory provision.
(1)
The Green Lake County Emergency Management Director shall be appointed, subject to the approval of the County Board, for a five-year term.
(2)
Appointment. The Emergency Management Director shall be appointed by the Public Safety and Judicial Committee and shall receive such salary as may be authorized by the County Board of Supervisors. He shall take and file an official oath.
(3)
Statutory provision. The provisions of the Wisconsin Statutes relating to personnel shall apply to the selection of the Director and his staff.
C.
Status. The County Emergency Management Director shall be considered to be an employee of the County not under civil service and shall be entitled to all of the rights, privileges and benefits that the County employees have. He shall report to the Public Safety and Judicial Committee, and his direct supervisor shall be the Chief Deputy of the Sheriff's Office.
A.
County-wide duties. The Director, in his capacity as County Director, subject to the control and direction of the County Public Safety and Judicial Committee and under the general supervision of the County Board, shall:
(1)
Develop, promulgate, and implement an emergency management plan for the County in accordance with requirements of the state and federal plans of emergency management.
(2)
Under the general supervision of the Public Safety and Judicial Committee coordinate and assist in the development of municipal emergency management plans within the County and the integration of such plans with the County plan and the state plan.
(3)
Direct the County emergency management program and all phases of emergency management related thereto, including the Green Lake County Hazardous Materials Team, pursuant to state directive and subject to the overall supervision of the Public Safety and Judicial Committee.
(4)
Direct County-wide emergency management training programs and exercises in accordance with directives from higher emergency management authority or as required by the Public Safety and Judicial Committee.
(5)
Consult with the state director, area director, and municipal directors concerning all emergency management plans for the County and render such reports as may be required by the state or area director.
(6)
In case of a state of emergency proclaimed by the Governor or by the Board, direct all County emergency management activities carried on by County agencies or personnel and coordinate municipal emergency management activities within the County pursuant to directive of higher emergency management authority and in accord with integrated plans previously adopted.
(7)
Advise and consult with the Public Safety and Judicial Committee concerning all phases of emergency management planning and activity and report to the County Board where necessary or required concerning emergency management within Green Lake County.
A.
Policy. In preparing and executing the emergency management program, the services, equipment, supplies and facilities of the existing departments and agencies of the County shall be utilized to the maximum extent practicable, and the officers and personnel of all such departments and agencies are directed to cooperate with and extend such services and facilities as are required of them.
B.
Responsibility. In order to assure that in the event of an emergency all the facilities of the existing County government are expanded to the fullest to meet such emergency, all department heads will fulfill emergency and nonemergency duties as assigned under the County Emergency Operations Plan. The Emergency Management Director will assist them in organizing and planning for the expansion of their departments prior to and during an emergency and for recruiting necessary emergency management volunteers to supplement regular department employees. Nothing in this section shall be construed so as to limit the Emergency Management Director from immediately commencing organizational and planning programs as required by the Emergency Operations Plan adopted by the Green Lake County Board of Supervisors.
It shall be unlawful for any person willfully to obstruct, hinder, or delay any member of the emergency management organization in the enforcement of this chapter or to perform any act forbidden by any order, rule, regulation or plan issued pursuant to the authority contained in this chapter. For a violation of any of the provisions of this chapter he shall forfeit not less than $100 nor more than $500 and, in default of payment thereof, shall be imprisoned in the County jail for a period not exceeding 90 days.
A.
Pursuant to § 323.61(2m)(e), Wis. Stats., Green Lake County hereby elects to sponsor a Hazardous Material Level B Response Team, which shall consist of fire fighters and other emergency response personnel from or designated by the various municipalities in Green Lake County. The County shall sponsor all the team members whose names have been approved by the Hazardous Material Team Leader and filed in writing with the Emergency Management Director. The Team Leader may designate persons to be members for specific types of incidents. The City of Berlin Fire Department will be the lead team and will assist the County in response capabilities.
B.
The response cost of the Hazardous Material Level B Team shall be the responsibility of the party, agency, entity or person who or which created the condition requiring the hazardous material response. The cost of the response shall be charged to the party, agency, entity or person according to the following schedule:
(1)
Level 1 response. A Level 1 response is action by the Green Lake County Emergency Management Department and/or the Hazmat Team which involves advice, counseling and consulting on an incident. The fee for Level 1 response will be established annually by the Public Safety and Judicial Committee, not less than $25.
(2)
Level 2 response. A Level 2 response is a response in which the full Hazardous Material Level B Team is called to a scene to mitigate an incident involving a hazardous materials release. The cost of a Level 2 response shall be:
(a)
The actual cost of staff time, including the hourly rate for fringe benefits, of the staff involved in the response.
(b)
A charge for response by the hazmat vehicle(s) and/or the Berlin Emergency Management Command Post or other related emergency vehicles in an amount to be determined annually by the Public Safety and Judicial Committee based on the cost to operate the vehicle, depreciation and other factors bearing on the cost of activating the equipment.
(c)
The replacement cost of all consumable supplies used necessarily in the response and the actual cost of any charges incurred by the team.
(d)
A use charge for reusable equipment, in an amount determined annually by the Public Safety and Judicial Committee based on the operating cost of the equipment, its depreciation and other factors bearing on its cost.
(3)
Household response. The Public Safety and Judicial Committee may adopt a maximum charge for responses to hazardous materials incidents which occur in a residential household. "Residential household" shall be defined as an owner-occupied building of one or two dwelling units.
C.
The Green Lake County Public Safety and Judicial Committee, together with the Chair of the local emergency planning committee and the Hazardous Material Team Leader, shall constitute the "reviewing entity" as provided in § 323.71(5)(a), Wis. Stats.