Sutter County Municipal Code Ch. 500 Emergency Organization and Functions

Footnotes:

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Editor's note— Ord. No. 1700, § 1, adopted October 11, 2022, amended Chapter 500 in its entirety to read as herein set out. Former Chapter 500, §§ 500-010—500-060, pertained to similar subject matter, and derived from [744, 800, 903, 1029] Ord. 1537, Sec. 1, Oct. 5, 2010.

The purpose of this chapter is to provide for the county's preparation for, response to, and recovery from emergencies pursuant to the California Emergency Services Act.

(Ord. No. 1700, § 1, 10-11-2022)

Disaster Council means the body of individuals who are identified by the Board of Supervisors to assist the Emergency Operations Manager in developing appropriate emergency and disaster plans.

Local Emergency shall have the meaning set forth in subdivision (c) of Government Code Section 8558.

Operational Area (OA) means an intermediate level of the state emergency management organization. The Sutter County OA consists of the County of Sutter and all political subdivisions within the county area. In accordance with Government Code Section 8605, the County of Sutter acts as coordinator of emergency activities and serves as a liaison to the State during an emergency.

State of Emergency shall have the definition set forth in subdivision (b) of Government Code Section 8558.

State of War Emergency shall have the meaning set forth in subdivision (a) of Government Code Section 8558.

(Ord. No. 1700, § 1, 10-11-2022)

There is hereby created the Office of Emergency Management. The Office of Emergency Management shall have responsibilities which include: development and maintenance of county/operational area emergency plans; supervision and maintenance of the county/operational area emergency operations center; coordination of county/operational area disaster mitigation/prevention, preparedness, response, and recovery; serving as the coordination link between the local government level and the regional, state and federal level, as well as liaison between the operational area jurisdictions/agencies, California Governor's Office of Emergency Services (CalOES), and the Federal Emergency Management Agency (FEMA); providing training, exercises, and educational outreach to agencies within the operational area; and coordination of resource and information management, public information/warning systems, mutual aid, and damage assessment information.

(Ord. No. 1700, § 1, 10-11-2022)

There is hereby created the position of Director of Emergency Services. The Director of Emergency Services shall be the County Administrative Officer.

There is hereby created the position of Assistant Director of Emergency Services. The Assistant Director of Emergency Services shall be the Assistant County Administrative Officer and in the alternate the Emergency Operations Manager or their designee.

(Ord. No. 1700, § 1, 10-11-2022)

The Director of Emergency Services is hereby empowered to:

(a) Request the Board of Supervisors to proclaim the existence or threatened existence of a local emergency if the Board of Supervisors is in session, or to issue such proclamation if the Board of Supervisors is not in session. Such proclamation by the Director of Emergency Services shall be made within ten days of the occurrence of the emergency. Whenever a local emergency is proclaimed by the Director of Emergency Services, the Board of Supervisors shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

(b) Recommend that the Chairperson of the Board of Supervisors request the Governor to proclaim a state of emergency when, in the opinion of the Director of Emergency Services, the locally available resources are inadequate to cope with the emergency.

(c) Coordinate the effort of the emergency organization of Sutter County for the accomplishment of the purposes of this Chapter.

(d) Direct coordination of services and staff for the emergency organization of Sutter County; and resolve questions of authority and responsibility that may arise between them.

(e) Represent Sutter County in all dealings with public or private agencies on matters pertaining to emergencies as defined herein.

(f) In the event of the proclamation of a local emergency, the proclamation of a state of emergency by the Governor or the CalOES Director, or the existence of a state of war emergency, the Director of Emergency Services, subject to the provisions of State law, is hereby empowered:

a. To use all means necessary to ensure the effective mobilization of all resources of Sutter County, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall direct the organization, powers and duties, services, and staff of the Emergency Organization pursuant to Government Code Section 8607 and 8610.

b. To make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency;

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

d. To require emergency services of any county 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 this county as deemed necessary in the execution of duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided for registered disaster service workers; pursuant to the Labor Code, Division 4 Part 1, Chapter 1, starting with Section 3201.

e. Request all necessary supplies and material of any county department or agency; and

f. To execute all of the special powers conferred by this chapter or by resolution or emergency plan pursuant hereto adopted by the Board of Supervisors, all powers conferred by any statute, by any agreement approved by the Board of Supervisors, and by any other lawful authority.

(Ord. No. 1700, § 1, 10-11-2022)

All officers and employees, 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, shall be charged with duties incident to the protection of life and property during such emergency, shall constitute the emergency organization of the County of Sutter.

(Ord. No. 1700, § 1, 10-11-2022)

There is hereby created the position of Sutter County Emergency Operations Manager. This individual shall be responsible for the day-to-day management of the county/operational area emergency management program and be responsible to the Director of Emergency Services during emergency situations.

The Emergency Operations Manager is hereby authorized to:

(1) Coordinate the activities of all emergency management in pre-emergency planning, during an emergency, and in post emergency activities by functioning as the chief staff officer to the Director of Emergency Services.

(2) Prepare and maintain the basic emergency operations plan for Sutter County and to submit such plan to the Disaster Council for review. Such plan shall be consistent with the State and National plans.

(3) Assist Emergency Service Chiefs and Department Heads in the preparation of Emergency Operations Plan annexes and departmental emergency operations plans, and to make recommendations thereon to the disaster council.

(4) Prepare and submit all emergency or disaster reports required by FEMA and CalOES.

(5) To consult with CalOES to identify and implement those requirements deemed appropriate by the State of California to ensure compliance with the Standardized Emergency Management System and the National Incident Management System.

(6) To carry out actions necessary for the purpose of obtaining Federal financial assistance provided by the Federal Department of Homeland Security and sub-granted through the State of California, CalOES financial assistance, or funding through any other state agencies, for the Emergency Management program, Homeland Security and/or disaster assistance funding, or other related activities.

(7) Formulate the Office of Emergency Management annual budget and monitor revenues and expenditures for the Emergency Management program

(8) Carry out any of the duties assigned/delegated by the Director of Emergency Services.

(Ord. No. 1700, § 1, 10-11-2022)

The Emergency Operations Manager shall be responsible for the development of the Emergency Operations Plan (EOP) for the county.

The Emergency Operations Manager shall have the authority to request documents, training, or information from County departments, special districts, cities, or other entities in the county or operational area necessary to develop and maintain the EOP.

These plans shall provide for the effective mobilization of all resources in the operational area, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency; and shall provide for the organization, powers and duties, services, and staff of the Emergency Organization pursuant to Government Code Sections 8607 and 8610. Such plans shall take effect upon adoption by resolution of the Board of Supervisors. Any EOP adopted by the Board of Supervisors will be deemed situational and may be modified, with regard to emergency response or support to emergency response efforts, by the Director of Emergency Services before, during, or after an emergency or disaster to meet the basic tenets of this Section.

(Ord. No. 1700, § 1, 10-11-2022)

Government at all levels, in all political subdivisions of the County of Sutter, is responsible for: providing continuity of effective leadership and authority, direction of emergency operations, and management of recovery operations. It is essential that all levels of government continue to function as government entities. The Constitution of California and the Government Code provide the authority for state and local governments to reconstitute themselves in the event incumbents are unable to serve. The Government Code provides for the preservation and continuity of local governments in the event of a state of war emergency, state of emergency, or local emergency.

Reconstitution of the County of Sutter: As authorized by Government Code Section 8642, the Board of Supervisors shall convene as soon as possible whenever a state of emergency or local emergency exists and at a place not necessarily within the political subdivision. The duties of the Board of Supervisors during emergencies include ascertaining the damage to the County and its personnel and property, reconstituting itself and the County, and performing functions in preserving law and order and furnishing local services.

California Government Code Section 23600 provides that the Board of Supervisors shall designate alternative temporary county seats within or outside of county boundaries. The alternative county seat is hereby designated as the community of Sutter. A different temporary county seat may be designated subsequent to the original site designations if circumstances warrant.

(Ord. No. 1700, § 1, 10-11-2022)

The Sutter County Disaster Council shall consist of the following:

(a) The Chairperson who shall be the Chairperson of the Board of Supervisors or their designee.

(b) The Vice Chairperson who shall be the County Administrative Officer or their designee.

(c) The Sutter County Operational Area Emergency Management Mutual Aid Coordinator. This position is normally held by, but not limited to, the Emergency Operations Manager.

(d) The Sutter County Operational Area Law Enforcement Mutual Aid coordinator. This position is normally held by, but not limited to, the Sutter County Sheriff.

(e) The Sutter County Operational Area Fire Mutual Aid Coordinator. This position is normally held by, but not limited to, the Sutter County Fire Chief.

(f) The Sutter County Operational Area Health Mutual Aid Coordinator. This position is normally held by, but not limited to, the Sutter County Public Health Officer.

(g) Such representatives having an official Operational Area emergency responsibility as appointed or invited by the Chairperson or Vice Chairperson of the Disaster Council. These representatives shall be members of the Disaster Council for a maximum of one year unless the Chairperson or Vice Chairperson renews that appointment or invitation.

(Ord. No. 1700, § 1, 10-11-2022)

The Disaster Council serves in an advisory capacity to the Board of Supervisors, recommending for adoption of those emergency operations plans developed by the Emergency Operations Manager as required by Government Code Section 8607; and recommending such ordinances and resolutions as are necessary to implement such plans as provided for by Government Code Section 8610. Any recommendations by the Disaster Council to the Board of Supervisors shall be made by simple majority vote of the members in attendance. The Disaster Council shall not vote on any recommendation unless a quorum of its membership as described in Section 500-041 is present.

The Disaster Council shall hold meetings upon the call of the Chairperson or the Chairperson's designee.

(Ord. No. 1700, § 1, 10-11-2022)

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 County of Sutter.

(Ord. No. 1700, § 1, 10-11-2022)

It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars ($1,000.00), or by imprisonment not to exceed six months, or both, for any person, during a state of war emergency, state of emergency, or local emergency, to:

(a) Willfully obstruct, hinder, or delay any public officer or employee in the enforcement of any lawful rule or regulation issued pursuant to this chapter, or in the performance of any duty imposed upon the officer or employee by virtue of this chapter;

(b) Act in a manner forbidden by any lawful rule or regulation issued pursuant to this chapter, 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 Sutter County, or to prevent, hinder, or delay the defense or protection thereof; or

(c) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.

(Ord. No. 1700, § 1, 10-11-2022)