[HISTORY: Adopted by the County Board of Stephenson County 2-14-2007 by Ord. No. 07-02-1431 (Ch. 5, Art. I, of the 1977 Code). Amendments noted where applicable.]
There is hereby created and established the Stephenson County Emergency Management Agency (EMA). The purpose of this agency and the policy of the chapter is to prevent, minimize, repair and alleviate injury or damage resulting from disasters caused by enemy attack, sabotage or other hostile action, or from natural or man-made disasters, and to preserve the lives and property of the people of this County and to protect the public peace, health and safety in the event of such disaster in accordance with the Illinois Emergency Management Agency Act of 2002, 20 ILCS 3305/1 et seq., hereafter referred to as the "state act."
Homeland Security Presidential Directive/HSPD-5 established the National Incident Management System (NIMS) which:
Established a single, comprehensive approach to domestic incident management to ensure all levels of government across the nation have the capability to work efficiently and effectively together using a national approach to domestic incident management; and
Provides a consistent nationwide approach to federal, state, and local governments to work together to prepare for and respond to, and recover from domestic incidents regardless of the cause, size or complexity; and
Provides for interoperability and compatibility among federal, state and local capabilities and includes a core set of concepts, principles, terminology and technologies covering incident command system, unified command, training, management of resources and reporting.
Beginning on October 1, 2004, all federal departments and agencies shall make adoption of the National Incident Management System a requirement for providing federal preparedness assistance through grants, contracts or other activities to local governments.
Beginning on October 1, 2006, the State of Illinois shall make the adoption of the National Incident Management System a requirement for providing state preparedness assistance through grants, contracts or other activities to local government.
Therefore, beginning October 15, 2004, Stephenson County adopted the National Incident Management System as its system of preparing for and responding to disaster incidents.
As used in this chapter, unless the context clearly indicates otherwise, the definitions contained in the state act at 20 ILCS 3305/4 are incorporated by reference into this chapter.
The County EMA shall consist of a Director, an Assistant Director, and such additional persons as may be selected by the Director and approved by the County Board. The Director of the County EMA shall be appointed by the Chairman of the County Board and shall serve until removed by same. The Director shall have direct responsibility for the organization, administration, training, and operation of the EMA, subject to the direction and control of the Chairman of the County Board as provided by the state act.
In the event of the absence, resignation, death or inability to serve as the Director, the Chairman of the County Board or any person designated by him/her shall be and act as Director until a new appointment is made as provided in this chapter.
The County EMA shall perform such functions within the County as are prescribed by the state act and 29 Ill. Admin. Code Part 301, titled "Political Subdivision Emergency Services and Disaster Agencies," prepared by the Governor, and such orders, rules, and regulations as may be promulgated by the Governor, and in addition shall perform such duties outside territorial limits of the County as may be required pursuant to any mutual aid agreement or compact entered into with any other political subdivision or municipality of this state, or with any other state through the Governor as provided by the state act.
All or any members of the County EMA may be designated as members of a mobile support team created by the Director of IEMA as provided by law. The leader of such mobile support team shall be designated by the Director of the County EMA.
Any member of a mobile support team, who is a County employee or officer while serving on call to duty by the Governor, or IEMA Director, shall receive the compensation and have the powers, duties, rights and immunities incident to such employment or office. Any such members who is not a paid officer or employee of the County, while so serving, shall receive from the state reasonable compensation as provided by law.
The Director of the 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 County Board and by the State Director of IEMA.
If the Governor proclaims that a disaster emergency exists in the event of actual enemy attack upon the United States or the occurrence within the State of Illinois of a major disaster resulting from enemy sabotage or other hostile actions, or from man-made or natural disaster, it shall be the duty of the County EMA to cooperate fully with the state IEMA and with the Governor in the exercise of emergency powers as provided by law.
If the County Board Chairman declares a local disaster, the County EMA shall perform such functions as prescribed by the state emergency operations plan and the Stephenson County emergency operations plan.
The County EMA shall assist and cooperate fully with County elected officials as requested in time of need.
Members of the County EMA who are paid employees or officers of the County, if called to training by the State Director of IEMA, shall receive for the time spent in such training the same rate of pay attached to the position held; members who are not such County employees or officers shall receive for such training compensation consisting of mileage paid at the current state rate for use of a private vehicle and a per-diem established by the County Board.
The County 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 County EMA prescribed by the State Director of IEMA, compensation for services, and expenses of members of a mobile support team while serving outside the County in response to a call by the Governor or State Director of IEMA, as provided by law, and any other reimbursement made by the state, incident to such EMA activities.
The County Board may, on recommendation of the Director of the County EMA, authorize any purchase or contracts necessary to place the County in a position to combat effectively any disaster defined in § 56-2 above, and to protect the public health and safety, protect property, and provide emergency assistance to victims in the case of such disaster, or from man-made or natural disaster or any disaster as defined in said § 56-2.
In the event of any of the above disasters where the County Board is unable to meet and authorize such purchases or contract, the County EMA Director, with the advice and consent of the County Board Chairman or in his/her absence the Vice-Chairman of the County Board or in his/her absence the Chairman of the Public Safety Committee of said Board is authorized on behalf of the County to procure such services, supplies, equipment or materials as may be necessary for such purposes, in view of the exigency of the circumstances, without regard to the statutory provisions pertaining or formalities normally recognized by law governing County contracts or obligations.
In the event that the County Board is able to meet during such disasters, the Board may direct and authorize the Director of the County EMA to procure such services, supplies, equipment or materials as may be necessary, without regard to limits normally imposed by law upon such County contracts and obligations.
Every person appointed to serve in any capacity in the County EMA organization shall, before entering upon his/her duties, subscribe to the following oath, which shall be filed with the Director of the County EMA:
"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 any political party or organization that advocates the overthrow of the government of the United States or of this state by force or violence; during such time as I am affiliated with the Stephenson 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."
The Chairman of the County Board is authorized to designate space in a County building, or elsewhere, as may be provided for the County Board for the County EMA as its office.