§ 38.04 DIRECTOR AND ASSISTANT DIRECTOR OF EMERGENCY SERVICES.

(A) Director of Emergency Services.

(1) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services.

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

('63 Code, § 3-2.05)

(B) Powers and duties.

(1) The Director of Emergency Services is hereby empowered to:

(a) Request the City Council to proclaim the existence or threatened existence of a “local emergency,” if the City Council is in session, or at the direction of the Mayor, 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 of the state to proclaim a “state of emergency” when, in the opinion of the Mayor, the locally available resources are inadequate to cope with the emergency;

(c) Control and direct the efforts of the Emergency Organization of the city for the accomplishment of the purposes of this chapter;

(d) Direct cooperation between, and the coordination of, the services and staff of the Emergency Organization of the city and resolve questions of authority and responsibility which 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; and,

(f) In the event of the proclamation of a “local emergency”, as set forth in this section, the proclamation of a “state of emergency” by the Governor or the Director of the Office of Emergency Services of the state, or the existence of a “state of war emergency,” the Director is hereby empowered:

1. To 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;

2. To obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property, to bind the city for the fair value thereof, and if required immediately, to commandeer the same for public use;

3. To require the emergency services of any city officer or employee and, in the event of the proclamation of a “state of emergency”, in the county, or the existence of a “state of war emergency”, to command the aid of as many citizens of the community as the Director deems necessary in the execution of his duties. Such persons shall be entitled to all the privileges, benefits, and immunities as are provided by state law for registered disaster service workers;

4. To requisition the necessary personnel or materials of any city department or agency; and,

5. To execute all of his ordinary power as City Manager, all of the special powers conferred upon that position by this chapter or by resolution or Emergency Plan adopted by the City Council pursuant to the provisions of this chapter, and all powers conferred upon the office by any statute, by any agreement approved by the City Council, and by any other lawful authority.

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

(3) The Assistant Director of Emergency Services shall, under the supervision of the Director, and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of the city and have such other powers and duties as may be assigned by the Director.

('63 Code, § 3-2.06)

(Ord. 251-C.S., passed 7-4-75)