Compton Municipal Code § 2-4 Emergency Organization and Functions

[1]

Editor's Note: Prior ordinance history includes portions of Ordinance No. 1599.

[Ord. #2219]

The purpose of this section is to comply with the provisions of the California Emergency Services Act, Title Two, Division One, Chapter Seven of the Government Code of the State of California (commencing with Section 8285.5 or successor legislation) and to provide for the preparation and carrying out of plans for the protection of persons and property within this City in the event of an emergency; the direction of the emergency organization; and, the coordination of the emergency functions of this City with all other public agencies, corporations, organizations and affected private persons.

[Ord. #2219]

As used in this section, the following words and phrases shall be construed as follows:

EMERGENCY

Shall mean any or all of the following, as the context requires: an emergency situation, a local emergency, a state of emergency, or a state or war emergency.

LOCAL EMERGENCY

Shall mean the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or other conditions, other than conditions resulting from a labor controversy, which are or likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

STATE OF EMERGENCY

Shall mean the duly proclaimed existence of conditions of disaster or extreme peril to the safety of persons and property within the State caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, draught, sudden and severe energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy or conditions causing a "State of War Emergency," which, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city and require the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the California Public Utilities Commission.

STATE OF WAR EMERGENCY

Shall mean the condition which exists immediately, with or without a proclamation thereof by the Company, whenever the State or nation is attacked by an enemy of the United States, or upon receipt of the State of a warning from the Federal government indicating that such an enemy attack is probable or imminent.

[Ord. #2219]

The City of Compton Disaster Council is hereby created and shall consist of the following:

a. The City Manager, who shall be Chairperson;

b. The Assistant City Manager(s), who shall be Vice Chairperson(s);

c. The Emergency Management Coordinator;

d. Such chiefs and directors of emergency services as are provided for in the current Emergency Plan of the City adopted pursuant to this section;

e. The City Attorney or his or her representative; and

f. Such representation of civic, business, labor, veterans, professionals or other organizations within the community as may be appointed by the City Manager with the approval of the City Council.

[Ord. #2219]

It shall the duty of the City of Compton Disaster Council, and it is hereby empowered to:

a. Develop and recommend for adoption by the City Council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements.

b. Register Disaster Service Workers.

c. Designate the individual responsible for keeping the registration of Disaster Service Workers current, and for the accuracy and safekeeping of the official registration records, provided, however, that the documented proof that the Disaster Service Worker has taken the oath of office shall be filed in the office of the City Clerk.

d. The Disaster Council shall meet upon call of the Chairperson or, in his/her absence from the City or inability to call such meeting, upon call of the Vice Chairperson or, in his/her/their absence from the City or inability to call such meeting, upon call of either the Fire Chief, Police Chief or the Director of Public Works Department. In the event that none of the above-indicated individuals are able to call such meeting, the Chairperson shall designate a further order of succession to call such meeting.

[Ord. #2219]

a. There is hereby created the office of Director of Emergency Services. The City Manager of the City of Compton shall be the Director of Emergency Services.

b. There is hereby created the office of Assistant Director of Emergency Services, who shall be appointed by the Director of Emergency Services.

c. There is also hereby created the office of Emergency Management Coordinator, who shall be appointed by the Director of Emergency Services and shall manage day-to-day affairs of the Emergency Management Program and have certain other emergency management functions as specified.

[Ord. #2219]

In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a state of emergency by the Governor or the Secretary of the California Emergency Management Agency, or the existence of a state of war emergency the Director of Emergency Services is hereby empowered to:

a. Request the City Council of the City of Compton to proclaim the existence or threatened existence of a local emergency if the City Council is in session, or to issue such proclamation if the City Council is not in session. Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter, or the proclamation shall have no further force or effect;

b. Request the Governor to proclaim a state of emergency when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency;

c. Control and direct the effort of the Emergency Organization of this City for the accomplishment of the purpose of this chapter;

d. Direct cooperation between and coordination of services and staff of the emergency organization of this City, and resolve questions of authority and responsibility that may arise between them;

e. Represent the City in all dealings with public or private agencies on matters pertaining to emergencies as defined in this chapter;

f. Coordinate and carry out the policies and direction of the City Council and the Disaster Council, and perform such other duties and responsibilities as delegated by the Disaster Council or by the City Council; and

g. In the event of the proclamation of a local emergency as herein provided, the proclamation of a state of emergency by the Governor or the Director of the State Office of Emergency Services, or the existence of a state of war emergency, the Director of Emergency Services, and in his absence, the Assistant Director of Emergency Services, and in the absence of the Director and Assistant Director, the Emergency Management Coordinator is hereby empowered to:

1. Implement and carry out the City's Emergency Plan.

2. Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations shall be confirmed at the earliest practicable time by the City Council.

3. Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use.

4. Require emergency services of any City officer or employee and, in the event of the proclamation of a state of emergency in the county in which this City is located or the existence of a state of war emergency, to command the aid of as many citizens of this community as deemed necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state laws for registered Disaster Service Workers.

5. Requisition necessary personnel or material of any City department or agency.

6. Execute all of his ordinary power as City Manager, all of the special powers and duties conferred upon him by this section or by resolution or emergency plan pursuant hereto adopted by the City Council, all powers conferred upon him by any statute, by any agreement approved by the City Council, and by any other lawful authority.

7. Authorize the use of any gifts of services, equipment, temporary loan of equipment, supplies, goods or other in-kind donations, as necessary to provide for the protection of life and property, regardless of whether the donation comes from public or private sources. The order authorizing the use of any gifts shall be in writing. Any such donations used by the City shall be deemed duly accepted by the City Council in accordance with Section 37354 of the California Government Code. A report of all such gifts shall be made to the City Council at its next regular meeting for review.

8. In the event of a situation in which a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety, the Director of Emergency Services may issue a declaration of a shelter crisis pursuant to Section 8698.2 of the California Government Code, and exercise all authority in accordance with Chapter 7.8 of Division 1 of Title 2 of the Government Code.

h. The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the City Council.

i. The Assistant Director of Emergency Services, under the supervision of the Director of Emergency Services, shall have such powers and duties as may be assigned by the Director of Emergency Services.

j. The Emergency Management Coordinator shall, under the supervision of the Director and with the assistance of emergency service chiefs, develop and maintain the City's emergency plans; manage, organize, and coordinate the City's emergency programs and training, to include volunteers; and shall have such other powers and duties as may be assigned by the Director of Emergency Services.

[Ord. #2219]

All officers and employees of this City, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations, and persons who may by agreement or operation of law, including persons impressed into service under the provision of subsection 2-4.6g4 of this section, be charged with duties incident to the protection of life and property in this City during such emergency, shall constitute the emergency organization of the City of Compton.

[Ord. #2219]

The Compton Disaster Council shall be responsible for the development of the City of Compton Emergency Plan, which plan shall provide for the effective mobilization of all of the resources of this City, both public and private, to meet any condition constituting a local emergency, state or emergency or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the City Council.

[Ord. #2219]

Any expenditure made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the City of Compton.

[Ord. #2219]

It shall be a misdemeanor, punishable by a fine of not to exceed $500 or by imprisonment for not to exceed six months, or both, for any person, during an emergency, to:

a. Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation or curfew issued pursuant to this section, or in the performance of any duty imposed upon him by virtue of this section.

b. Do any act forbidden by any lawful rule or regulation issued pursuant to this section, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of this City, or to prevent, hinder, or delay the defense or protection thereof.

c. Wear, carry, or display, without authority, any actual, simulated or counterfeit form of identification specified or purporting to be issued by any emergency or disaster agency, any public or private humanitarian or assistance agency, any media or news agency, or by any branch of the Federal, State, regional, County or local governmental agency, or any branch thereof.

[Ord. #2219]

For purposes of this section, the line of succession for the Mayor and City Council members who are unavailable during a duly declared local emergency or state of emergency, or during the existence of a state of war emergency shall be as follows:

a. In the event that the Mayor is unavailable, the Mayor Pro-Tem shall serve as Mayor. If the Mayor Pro-Tem is unavailable, the remaining City Council members shall serve as Mayor in the order of their seniority, excluding standby successors.

b. In the event that City Council members are unavailable, pursuant to Section 8638 of the Government Code, the City Council shall appoint standby successors for each member of the City Council.

1. At the second Council meeting in January each year or as soon thereafter as may be practicable, the City Council shall select five Emergency Standby Council members. Emergency Standby Council members shall be selected from residents of the City and/or City employees who agree to serve in that capacity during the year and reside within the City of Compton during that year so long as they elect to participate as members of the Emergency Standby Council. City residents must reside within the Council District of the Council member for whom they will be appointed as Emergency Standby Council member. A member of the emergency standby council shall serve in that capacity from the date of appointment until appointment of another Emergency Standby Council the following year; unless and until the member notifies the City Clerk in writing that the member has elected to terminate participation in the Emergency Standby Council. Each Emergency Standby Council member shall take the oath of office required for the City Council prior to assuming the position of emergency standby Council member.

2. Each standby Council members appointed by the City Council as described in paragraph 1 above, shall have the duty during the term of that member's appointment to remain informed of the duties of City Council members and the business and affairs of the City of Compton to the extent necessary to enable participation as a member of the City Council upon appointment in the event of an emergency as provided hereafter, and must complete State mandated training in accordance with Section 8607 of the Government Code and Federally mandated training in accordance with Homeland Security Presidential Directive-5, as well as other essential training deemed necessary by the Emergency Management Coordinator.

3. In the event of the declaration of a state of war emergency, a state of emergency, or a local emergency as those terms are designated in subsection 2-4.2, and less than a quorum of the City Council is available and a City Council meeting is urgently required, the members of the Emergency Standby Council shall be contacted for service. At that meeting, any City Council members who are unavailable for duty at the time of that meeting as defined by Section 8636 of the California Government Code, shall be replaced by a member of the Emergency Standby Council as necessary to reach five members. The order of selection of Emergency Standby Council members shall be determined by Council policy. The appointment of members of the Emergency Standby Council members to fill vacancies created by the unavailability of City Council members at any time during a state of emergency shall be performed by City Council, and additional emergency standby members shall be appointed during the state of emergency as required to maintain a total of five members of the City Council.

4. Members of the emergency standby council who are appointed to serve as City Council members shall serve in that position until replaced by a member of the City Council who becomes no longer unavailable such that the addition of emergency standby council members is no longer necessary in order to constitute a quorum, until termination of the state of emergency, or until the election or appointment of a new regular City Council member as provided by law. Persons appointed as Emergency Standby Council members shall serve at the pleasure of the City Council and may be removed and replaced at any time with or without cause.