McLean County, IL
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the County Board of McLean County as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-17-1987 (Ch. 7, Art. I, of the 1986 Code); amended in its entirety 12-20-2005]

§ 31-1 Establishment and purpose.

The purpose of this article is to create the McLean County Emergency Management Agency (hereinafter referred to as "McLean County EMA"). There is thus hereby created the McLean County EMA, the purpose of which is to prevent, minimize, repair and alleviate any injury or damage resulting from disaster caused by enemy attack, sabotage or other hostile action, or from any natural or man-made disaster in accordance with The Illinois Emergency Services and Disaster Act of 1975, as amended (20 ILCS 3305 et seq.).

§ 31-2 Membership.

The McLean County EMA shall consist of the Director/Coordinator, Assistant Director/Coordinator, and a Secretary, and such additional members as may be appointed by the Chairman of the McLean County Board and approved by a majority vote of said Board.

§ 31-3 Director/Coordinator.

A. 
The Director/Coordinator of the McLean County EMA shall be appointed by the Chairman of the County Board with the advice and consent of said County Board. He shall serve at the pleasure of said Board and may be removed from office only by a majority vote of the County Board. The Director/Coordinator shall have direct responsibility for the organization, administration, training and operation of the McLean County EMA, subject to the direction and control of the Chairman of the County Board as provided by statute.
B. 
In the event of the absence, resignation, death or inability of the Director/Coordinator to serve in this function, the Chairman of the County Board or any person designated by him shall be and act as Director/Coordinator until a new appointment is made by said Chairman and approved by the County Board. The Director shall prepare a comprehensive plan and program for disaster preparedness, emergency response, utilization of resources and recovery of McLean County from any disaster emergency. This comprehensive plan shall be tested, revised and coordinated with the state and federal government as required.

§ 31-4 Functions.

The McLean County EMA shall perform such functions within the County as shall be prescribed by the Illinois Emergency Management Agency plan and program prepared by the Governor of the State of Illinois, and such orders, rules and regulations as may be promulgated by the Governor, and in addition shall perform such duties outside the corporate limits as may be required pursuant to any mutual aid agreement with any other political subdivision, municipality or quasi-municipality entered into as provided by state law.

§ 31-5 Mobile support team.

A. 
All or any members of the County organization may be designated as members of a Mobile Support Team created by the director of the I.E.M.A. as provided by law.
B. 
The leader of such Mobile Support Team shall be designated by the Director/Coordinator of the McLean County EMA organization.
C. 
Any member of a Mobile Support Team who is a County employee or officer while serving on call to duty by the Governor, or the State Director, shall receive the compensation and have the powers, duties, rights, and immunities incident to such employment or office. Any such member who is not a paid officer or employee of the County shall, while so serving, receive from the state a reasonable compensation as provided by law.

§ 31-6 Agreements with other political subdivisions.

The Director/Coordinator of the McLean County EMA may negotiate mutual aid agreements with other counties or political subdivisions of the state, but no such agreement shall be effective until it has been approved by the McLean County Board and by the State Director of I.E.M.A.

§ 31-7 Communications.

The McLean County EMA shall ascertain what means exist for rapid and efficient communications and shall coordinate all available communications resources in time of disaster emergencies. The Agency shall consider the desirability of supplementing those communication resources with available state resources or of integrating them into a comprehensive state or state-federal communications system or network.

§ 31-8 Emergency action.

If the Governor proclaims that a disaster or emergency exists or in the event of an actual enemy attack upon the United States, it shall be the duty of the McLean County EMA to cooperate fully with the I.E.M.A. and with the Governor in the exercise of emergency powers as provided by law.

§ 31-9 Compensation.

Members of the McLean County EMA who are paid employees or officers of the County, if called for training by the State Director of I.E.M.A., shall receive for the time spent in such training the same rate of pay as is attached to the position held; members who are not such County employees or officers shall receive for such training time such compensation as may be established by the County Board.

§ 31-10 Reimbursement by state.

The State Treasurer may receive and allocate to the appropriate fund any reimbursement by the state to the County for expenses incident to training members of the McLean County EMA prescribed by the State Director of I.E.M.A., compensation for services and expenses of members of the Mobile Support Team while serving outside McLean County, and any other reimbursement made by the state incident to EMA activities as provided by law.

§ 31-11 Purchases and expenditures.

A. 
The Director/Coordinator of McLean County EMA is authorized to make purchases or enter into contracts necessary to place the County in a position to combat effectively any disaster resulting from the explosion of any nuclear or other bomb or missile and to protect public health and safety, protect property and provide emergency assistance to victims in the case of any disaster. Said purchases or entry into contracts can only be done upon the approval of a majority of the McLean County Board.
B. 
In the event of enemy-caused, man-made or other natural disaster, the Director/Coordinator of the McLean County EMA is authorized on behalf of the County to procure such services, supplies, equipment or material as may be necessary for such purposes in view of the exigency and, excepting mandatory constitutional requirements, without regard to the procedures or formalities normally prescribed by law pertaining to County contracts or obligations. However, if the McLean County Board is meeting at the time of such disaster, he shall act subject to the directions and restrictions imposed by that body.

§ 31-12 Declaration of emergency.

A local disaster emergency may be declared by the Chairman of the McLean County Board or, in his absence, the Vice-Chairman of the County Board or, in his absence, the Chairman of the Justice Committee of the McLean County Board. Said declaration shall not extend beyond a period of seven consecutive days unless extended by or with the consent of a majority of the McLean County Board. Any order or proclamation shall be given prompt and general publicity and shall be filed promptly with the McLean County Clerk.
A. 
The effect of a declaration of a local disaster or emergency is to activate the response and recovery aspects of any and all applicable local or interjurisdictional disaster emergency plans and authorize the furnishings of aid and assistance thereunder.
B. 
The local disaster emergency area shall be specified and may include any or all areas and/or political subdivisions, including township body politics. Said township body politics are the responsibility of the McLean County EMA and are not accredited directly through the State of Illinois.

§ 31-13 Oath.

Every person appointed to serve in any capacity with the McLean County EMA shall, before entering upon his duties, subscribe the following oath, which shall be filed with the Director/Coordinator:
"I, _____, do solemnly swear (or affirm) that I will support and defend and bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of Illinois and the territory, institutions, and facilities thereof, both public and private, against all enemies, foreign and domestic; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I nor have I been a member of a political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; that during such time as I am affiliated with the McLean County Emergency Management Agency, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence."

§ 31-14 Immunity.

[Amended 2-17-2015]
The County of McLean, the McLean County EMA and their officers, agents, employees, and representatives are not liable for the death or any injury to persons or damage to property as a result of their emergency management response or recovery activities done in compliance with this article or the Illinois Emergency Management Act as amended and the rules and regulations promulgated thereunder, except in cases of gross negligence or willful misconduct. This section does not, however, affect the right of any person to receive benefits to which he would otherwise be entitled under said Act, under the Worker's Compensation Act or the Worker's Occupational Diseases Act, or under any pension law, and this section does not affect the right of any such person to receive any benefits or compensation under any Act of Congress.

§ 31-15 Limitations on private liability.

A. 
Any person owning or controlling real estate or other premises who voluntarily and without compensation grants a license or privilege, or otherwise permits the designation or use of the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual or impending disaster or a disaster training exercise, together with his successors in interest, if any, shall not be civilly liable for negligently causing the death of, or injury to, any person on or about such real estate premises under such license, privilege or other permission, or for negligently causing loss of, or damage to, the property of such person.
B. 
Any private person, firm or corporation and any employee and agent of such person, firm or corporation in the performance of a contract with, and under the direction of, the State of Illinois or County of McLean or the McLean County EMA under the provisions of this article shall not be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of willful misconduct.
C. 
Any private person, firm or corporation, and any employee or agent of such person, firm or corporation, who renders assistance or advice at the request of the state, County of McLean or the McLean County EMA during an actual or impending disaster shall not be civilly liable for causing the death of, or injury to, any person or damage to any property except in the event of willful misconduct.
D. 
The immunities provided in Subsection C shall not apply to any private person, firm or corporation, or to any employee or agent of such person, firm or corporation, whose act or omission caused in whole or in part such actual or impending disaster and who would otherwise be liable therefor.

§ 31-16 Office.

The Chairman of the County Board is authorized to designate space in the basement of the Law and Justice Building for the McLean County EMA as its emergency operating center and office.