[Ord. No. 891 §1, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
There is hereby created within and for the City of Hermann an emergency management organization to be known as the Hermann Emergency Management Agency. The Agency shall be responsible for preparation and implementation of emergency functions required to prevent injury and minimize and repair damage due to disasters, emergency management of resources and administration of such economic controls as may be needed to provide for the welfare of the people, and emergency activities (excluding functions for which military forces are primarily responsible) in accordance with Chapter 44, RSMo., 1999, and supplements thereto, and the Missouri Emergency Operations Plan adopted thereunder.
[Ord. No. 891 §2, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
The Agency shall consist of a Director, who shall perform the functions of the "Coordinator" as required by Section 44.080, RSMo., and other members appointed by the City Administrator or Mayor consistent with the requirements of Chapter 44, RSMo., and the organization and procedures for the conduct of emergency operations as provided in the Missouri Emergency Operations Plan.
[Ord. No. 891 §3, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
The Agency shall perform emergency management functions within the territorial limits of the City of Hermann, and may conduct these functions outside of the territorial limits as may be required pursuant to the provisions of law or as directed by the Governor during a time of emergency pursuant to the provisions of Chapter 44, RSMo.
[Ord. No. 891 §4, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
A. 
The Director shall be appointed by the City Administrator upon approval of the Board of Aldermen and shall serve at the will of said officials.
B. 
The Director shall have direct responsibility for the organization, administration and operation of local emergency management activities, subject to the direction and control of the City Administrator or, in the event of vacancy in said office, the Mayor and Board of Aldermen.
C. 
The Director shall be responsible for maintaining records and accounting for the use and disposal of all items of equipment placed under the jurisdiction of the Hermann Emergency Management Agency.
D. 
The Director shall be responsible for executing and enforcing such orders, rules and regulations as may be made by the Governor pursuant to the authority of Sections 44.010 to 44.130, RSMo.
[Ord. No. 891 §5, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
A. 
The Director, with the approval of the Board of Aldermen (except in time of emergency when such approval will not be required), in accordance with Chapter 44, RSMo., may:
1. 
Appropriate and expend funds, make contracts, and obtain and distribute equipment, materials and supplies for emergency management purposes; provide for the health and safety of persons; the safety of property; and direct and coordinate the development of disaster plans and programs in accordance with the policies and plans of the Federal and State Governments;
2. 
Appoint, provide or remove rescue teams, auxiliary fire and Police personnel and other emergency operations teams, units or personnel who may serve without compensation;
3. 
Assist in negotiation of reciprocal mutual-aid agreements between the Hermann Emergency Management Agency and other public and private agencies and between the Governor and the adjoining States or political subdivisions thereof, and carry out arrangements or agreements relating to the City of Hermann;
4. 
Accept services, materials, equipment, supplies or funds granted or loaned by the Federal or State Governments for disaster planning and operations purposes; and
5. 
Develop effective citizen involvement and recruit, train and accept the services of volunteers to supplement the programs administered by the Agency, subject to the requirements and conditions imposed by Section 44.125, RSMo.
B. 
The City Administrator, with the approval of the Governor, may enter into mutual-aid arrangements or agreements with other public and private agencies within and without the State for reciprocal emergency aid. Such arrangements or agreements shall be consistent with the State Disaster Plan and Program and the provisions of Sections 70.837 and 320.090, RSMo.
C. 
Neither the Director nor any other member, agent or employee of the Hermann Emergency Management Agency shall participate in any form of political activity in the name of or on behalf of the Agency or while in active service for the Agency, nor shall the Agency be used directly or indirectly for political purposes.
[Ord. No. 891 §6, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
No person shall be employed or associated in any capacity in the Agency or any other organization established under this Chapter who advocates or has advocated a change by force or violence in the constitutional form of the Government of the United States or of this State or the overthrow of any Government in the United States by force or violence, or has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve shall, before entering upon his duties, take an oath, in writing, before a person authorized to administer oaths in this State, which oath shall be substantially as follows:
"I, _______________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Missouri, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; 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 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; and that during such a time as I am a member of the Hermann 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."
[Ord. No. 891 §7, 10-25-1982; Ord. No. 1333 §1, 6-12-2000]
The Mayor is authorized to designate appropriate and available space in City-owned or leased property for the Hermann Emergency Management Agency office.