[HISTORY: Adopted by the Borough Council
of the Borough of Milton 11-14-1984 by Ord. No. 912. Amendments noted where
applicable.]
A local Emergency Management Agency is hereby
established and shall be known as the "Milton Emergency Management
Agency."
The Milton Emergency Management Agency is established
pursuant to the provisions of Act 1978-323 (P.L. 1332) of the Pennsylvania
Legislature.[1]
[1]
Editor's Note: See 35 Pa.C.S.A. § 7501
et seq.
As used in this chapter, the following terms
shall have the meanings indicated:
Those conditions which may be actually or likely to affect
seriously the safety, health or welfare of a substantial number of
citizens of the Borough of Milton or preclude the operation or use
of essential public services and have been caused by forces beyond
the control of man or by reason of civil disorder, riot or disturbance.
The Milton Emergency Management Agency shall
have the responsibility for emergency management and disaster response
and recovery within the Borough of Milton. The Milton Emergency Management
Agency shall also provide support services to the government of the
Borough of Milton as requested by duly authorized officials and shall
provide emergency management and disaster response and recovery services
outside the Borough of Milton as provided for by this chapter.
A.
A local disaster emergency may be declared by the
Borough Council of the Borough of Milton. In addition, the Mayor or
President of the Borough Council or Vice President of the Borough
Council is hereby also authorized to declare a local disaster emergency,
subject to ratification by the Borough Council within seven days of
such declaration.
B.
A local disaster emergency may only be declared upon
a finding by the Borough Council, Mayor or President of the Borough
Council that a disaster has occurred or is imminent.
C.
The declaration of a local disaster emergency shall
not be continued or renewed for a period in excess of seven days unless
approved by the Milton Borough Council.
D.
Any order or proclamation declaring, continuing or
terminating a local disaster emergency shall be given prompt and general
publicity and a copy of any such order or proclamation shall be filed
promptly with the Milton Emergency Management Agency and the Pennsylvania
Emergency Management Agency.
E.
Upon declaration of a local disaster emergency, the
management, response and recovery aspects of any and all local emergency
management plans shall be activated and all provisions for aid and
assistance thereunder shall be authorized.
F.
In the event that the currently acting highest ranking
office of the Milton Fire Department, Milton Police Department, Ambulance
Service, Emergency Management Agency or the Borough Manager believes
a local disaster emergency is occurring or about to occur, said person
may contact the appropriate Borough official and request that a local
disaster emergency be declared.
[Amended 10-28-1998 by Ord. No. 1103]
Upon declaration of a disaster emergency only
by the Governor of Pennsylvania, the Borough of Milton, pursuant to
35 Pa.C.S.A. § 7301(c) (relating to general authority of
the Governor), shall be authorized to exercise the powers granted
in this chapter without regard to time-consuming procedures and formalities
prescribed by law (excepting mandatory constitutional requirements)
pertaining to the performance of public work, entering into contracts,
the incurring of obligations, the employment of temporary workers,
the rental of equipment, the purchase of supplies and materials, the
levying of taxes and the appropriation and expenditure of public funds.
In addition, upon the declaration of such a disaster emergency by
the Governor of Pennsylvania, the Borough of Milton is authorized
to avail itself of the provisions of the Act of August 5, 1941, (P.L.
752, No. 286), known as the "Civil Service Act,"[1] in connection with the employment of personnel in local
organizations established under this chapter.
[1]
Editor's Note: See 71 P.S. § 741.1
et seq.
A.
Coordinator.
(1)
The Milton Emergency Management Agency shall have
a Coordinator, who shall be responsible for the planning, administration
and operation of the Agency, subject to the direction and control
of the Mayor and Borough Council.
(2)
The Coordinator of the Milton Emergency Management
Agency shall be appointed by the Governor of the Commonwealth of Pennsylvania
upon recommendation of the Milton Borough Council. The Milton Borough
Council may, upon agreement by resolution with adjoining municipalities,
recommend to the Governor a candidate for Coordinator for emergency
management activities in said political subdivisions. A local government
official may be recommended for appointment, notwithstanding any other
law. There shall be no specific term of office for the Coordinator,
and he shall serve until replaced by the Governor of Pennsylvania,
upon resolution of the Milton Borough Council.
(3)
The Coordinator of the Milton Emergency Management
Agency shall:
(a)
Be professionally competent and capable of planning,
effecting and coordinating operations of agencies of government and
controlling coordinated operations by local emergency preparedness
forces.
(b)
Attend and successfully complete the first phase
of the career development program as prescribed by the Pennsylvania
Emergency Management Agency within one year after appointment.
(c)
Attend and successfully complete the second
phase of the career development program as prescribed by the Pennsylvania
Emergency Management Agency within three years after appointment.
(d)
Attend basic and advanced seminars, workshops
and training conferences called by the State Emergency Management
Agency officials having responsibility for providing the Coordinator
with in-service training.
(4)
Failure to attend and successfully complete the career
development program phases provided above or failure to attend a prescribed
training program for two consecutive years shall be cause for replacement
of the Coordinator of the Milton Emergency Management Agency.
(5)
Responsibility for the professional in-service training
of the Coordinator of the Milton Emergency Management Agency shall
be with the County of Northumberland.
(6)
The Borough of Milton is authorized to reimburse the
appointed Coordinator for actual expenses incurred as the result of
his or her attendance at scheduled meetings and training programs.
(7)
The Coordinator shall have the authority to expend
up to $500 of Borough funds during each declared local disaster emergency
for essential services and equipment needed to handle the emergency
without approval of Milton Borough Council. The Mayor shall have the
authority to expend in excess of $500 but less than $4,000 for said
purposes without Borough Council approval.
B.
There is hereby also established the positions of
Deputy Coordinator of Disaster Emergency and Assistant Coordinator
of Disaster Emergency for the Milton Emergency Management Agency.
These positions shall be appointed by the Milton Borough Council,
and the individuals so named shall serve until replaced by the Milton
Borough Council. The persons so named shall assist the Coordinator
and, in his absence, shall have the power designated herein, with
the Deputy Coordinator succeeding first in authority and, in his absence,
the Assistant Coordinator.
The Milton Emergency Management Agency shall
hereby be specifically directed by the Borough of Milton to:
A.
Prepare, maintain and keep current a disaster emergency
plan for the prevention and minimization of injury and damage caused
by disaster, for prompt and effective response to disaster and for
disaster emergency relief and recovery in consonance with the Pennsylvania
Emergency Management Plan and the plans of the Northumberland County
Emergency Management Agency.
B.
Establish, equip and staff an emergency operations
center.
C.
Undertake efforts and programs consolidating warning
and communications systems and plans to support governmental operations
in emergencies.
D.
Provide essential facilities and equipment to agencies
and activities assigned emergency functions.
E.
Provide individual and organizational training programs
for police officers, fire-fighters, rescue personnel, ambulance personnel,
emergency management volunteers and the general public to ensure prompt,
efficient and effective disaster emergency services.
F.
In conjunction with the police, fire, rescue and emergency
medical services of the Borough of Milton and with the Northumberland
County Emergency Management Agency and the local Emergency Health
Services Council, provide support for citizen training programs stressing
various safety aspects.
G.
Organize, prepare and coordinate all locally available
manpower, materials, supplies, equipment and facilities necessary
for disaster emergency readiness, response and recovery.
H.
Adopt and implement precautionary measures to mitigate
the anticipated effects of a disaster.
I.
Execute and enforce such rules, regulations and orders
as the Milton Emergency Management Agency may adopt pursuant to the
provisions of this chapter.
J.
Cooperate and coordinate with any public and private
agencies or entities in achieving any purpose of this chapter.
K.
Have available for inspection at its emergency operations
center all emergency management plans, rules, regulations and orders
of the Governor and the Pennsylvania Emergency Management Agency.
L.
Provide prompt and accurate information regarding
local disaster emergencies to appropriate commonwealth and local officials
and agencies and the general public.
M.
Make monthly reports to the Milton Borough Council
on the status and programs of the Milton Emergency Management Agency,
its personnel, programs and plans.
N.
Execute and enforce such rules and orders as may be
adopted by the Pennsylvania Emergency Management Agency.
O.
Make timely recommendations to and secure the consent
of the Milton Borough Council concerning the development of plans,
the acquisition of materials, supplies and equipment and the development
of a budget for the Agency, except as provided for in disaster emergencies.
P.
Identify areas particularly vulnerable to disasters.
Q.
Upon request of the Mayor, the Borough Council or
a duly authorized Borough official, assist the Borough of Milton and/or
its police, fire, rescue or emergency medical services in handling
and coordinating special nondisaster emergencies and situations.
A.
In support of the programs and activities of the Milton
Emergency Management Agency, the Milton Borough Council shall appoint,
upon recommendation of the Emergency Management Coordinator, an Emergency
Management Advisory Council consisting of 10 members. Members of the
Emergency Management Advisory Council shall include the Mayor, a representative
of the Milton Borough Council, the Chief of the Milton Police Department,
the Captain of the Ambulance Service for the Borough of Milton, the
Chief of the Milton Fire Department, the Borough Manager, a practicing
physician or nurse and four at-large residents of the community.
(1)
With the exception of the at-large resident members,
the members of the Emergency Management Advisory Council shall serve
continuously during their term of public office, except for the physician
or nurse who shall serve until replaced by the Borough Council.
(2)
Upon initial appointment to the Emergency Management
Advisory Council, one at-large resident shall serve a term of one
year, two shall serve terms of two years and one shall serve a term
of three years. Thereafter, at-large resident representatives shall
be appointed for three-year terms.
(3)
At-large resident members on the Emergency Management
Advisory Council shall serve no more than three consecutive terms.
(4)
A designated representative may vote for any member
of the Council if such member cannot be present at a particular meeting.
B.
The Milton Emergency Management Advisory Council shall:
(1)
Elect its own Chairman and other officers as the body
may deem appropriate.
(2)
Provide recommendations and assistance to the Coordinator
as deemed appropriate concerning the plans, activities and role of
the Milton Emergency Management Agency.
(3)
Assist in the preparation and maintenance of the Milton
Disaster Emergency Plan.
(4)
Recruit and assist in the training of emergency personnel
and represent the Milton Emergency Management Agency at training programs,
seminars and public meetings.
(5)
Provide whatever other aid or assistance that the
Coordinator may request.
The Coordinator of the Milton Emergency Management
Agency shall develop and maintain mutual aid agreements with adjacent
political subdivisions for reciprocal emergency assistance. The agreements
shall be consistent with the plans and programs of the Pennsylvania
Emergency Management Agency. The agreements shall stipulate that direction
of emergency disaster assistance is the responsibility of the lowest
level of government affected, that the County Emergency Management
Agency shall provide coordination and support when more than one political
subdivision within Northumberland County is affected and that the
Pennsylvania Emergency Management Agency or its area organization
shall provide coordination and support when two or more counties are
affected. In disaster emergencies, requests for mutual aid assistance
shall be referred to the organization, as outlined above, having responsibility
for coordination and, in time of emergency, it shall be the duty of
the Milton Emergency Management Agency to render assistance in accordance
with these mutual aid agreements. In all cases, support services provided
from outside the affected area shall remain under the command and
control of the receiving area.
A.
Except during local disaster emergencies, the Milton
Borough Council shall:
Any gifts or grants of moneys made to the Milton
Emergency Management Agency or to the Borough of Milton for the payment
of expenses incurred or to be incurred by or for the Milton Emergency
Management Agency shall be deposited in the treasury of the Borough
of Milton and shall be appropriated only for the purpose for which
the gift or grants were made.
Nothing in this chapter shall be construed as
prohibiting the Milton Emergency Management Agency or the Milton Management
Advisory Council from providing representation to other boards or
agencies, such as outside emergency management advisory boards, emergency
health services councils or regional communications committees, that
coordinate with or otherwise impact the delivery of emergency management
services.
The Milton Emergency Management Agency shall,
with the approval of the Milton Borough Council, adopt such insignia
and/or other identifying marks or markings as are necessary to ensure
the correct, prompt identification of its personnel, equipment and
facilities.
The provisions of the Emergency Management Services
Code of the Commonwealth of Pennsylvania, Act 1978-323 (P.L. 1332)[1] shall govern the emergency management activities of the
Borough of Milton and the Milton Emergency Management Agency and its
Milton Emergency Management Advisory Council, except in circumstances
where the Emergency Management Services Code does not address local
provisions or conditions provided for by this chapter.
[1]
Editor's Note: See 35 Pa.C.S.A. § 7501
et seq.
