[CC 1983 §71.700]
There is hereby created the City of Hollister Emergency Management
Organization, which is responsible for the preparation and implementation
of emergency functions required to prevent and minimize injury and
damage due to disasters, to include 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 the military forces are primarily responsible)
in accordance with "The Missouri Civil Defense Act, Chapter 44, RSMo.,
1967".
[CC 1983 §71.710]
This Organization shall consist of a Coordinator and other additional
members to be selected by the Coordinator to conform to the State
Organization and procedures for the conduct of emergency operations
as outlined in the Missouri Disaster Operations Plan.
[CC 1983 §71.720]
The Hollister Emergency Management Organization shall perform
Emergency Management functions in cooperation with the County of Taney
and shall conduct these functions in accordance with the provisions
of the Missouri Civil Defense Act, Chapter 44, RSMo., 1967.
[CC 1983 §71.730]
A.
The
Coordinator of the Hollister Emergency Management Organization shall
be appointed by the Mayor and shall serve at the pleasure of the Mayor.
B.
The
Coordinator shall have direct responsibility for the organization,
administration and operations on local emergency planning, subject
to the direction and control of the Mayor and Board of Aldermen, as
provided by Statute.
C.
The
Coordinator is authorized to select and obtain Federal Government
surplus property through the Southwest Missouri Local Government Advisory
Board, State Disaster Planning and Operations Office, and State Department
of Education. The Coordinator shall obtain the necessary approval
to obligate the City for the handling charge imposed by the Department
of Education - State Agency for Surplus Property. The Coordinator
may delegate authority to obtain surplus property at the State Agency
for Surplus Property warehouse with the approval of the Mayor and
Board of Aldermen.
D.
The
Coordinator shall be responsible for maintaining records on use and
disposal of all items of equipment placed under the jurisdiction of
the Emergency Management office.
E.
The
Coordinator is authorized to submit all materials and sign all documents
requested by the State Disaster Planning and Operations Office, to
qualify the City for participation in Federal contributions for Personnel
and Administrative Expense Program under P.L. 85-606.
F.
The
Coordinator shall appoint, provide or remove rescue teams, auxiliary
fire and police personnel and other emergency operations teams, units
or personnel who may serve without compensation.
[CC 1983 §71.740]
The "Executive Officer" shall be defined for
purposes of this Article to mean the Mayor.
[CC 1983 §71.750]
A.
Only
in the event of an emergency as defined in the Missouri Civil Defense
Act, Chapter 44, RSMo., 1967, and during such emergency, is the Coordinator
of Emergency Management authorized on behalf of the City to procure
such services, supplies, equipment, or material without regard to
the statutory procedures or formalities normally considered by law
pertaining to City contracts or obligations, as authorized by the
Missouri Civil Defense Act, Chapter 44, RSMo., 1967, provided that,
if the Board of Aldermen meets at such time, it shall act subject
to the directions and restrictions imposed by that body.
B.
In
the event of enemy attack, the Board of Aldermen may waive any time
consuming procedures and formalities otherwise required by Statute
pertaining to the advertisement for bids for the performance of public
work or entering into contracts.
[CC 1983 §71.760]
No person shall be employed or associated in any capacity in
any organization established under this Act who advocates or has advocated
a change by force or violence in the constitutional form of the Government
of the United States or in 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 in
an organization for Emergency Management shall, before entering upon
his/her 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 City of Hollister Emergency Management
Organization, 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.
[CC 1983 §71.770]
The Board of Aldermen is authorized to designate space in any
City-owned or leased building for the Emergency Management Organization
as its office.
[CC 1983 §71.800]
The City of Hollister hereby agrees with the City of Branson
that effective upon the passage and approval of a like ordinance by
the City of Branson agreeing to a like agreement for the interchange
of service upon the conditions and provisions hereinafter provided
the following shall become effective.
[CC 1983 §71.810]
The Police Department of the above-mentioned entities shall
provide back-up or additional assistance to the Police Department
of the other entity in the event of emergency when assistance from
the other municipality is requested, such assistance to be on a temporary
and case-by-case basis.
[CC 1983 §71.820]
This agreement for mutual aid may be terminated at any time
during its term on the passage of an ordinance to that effect by the
Governing Body of either City. The termination shall take effect thirty
(30) days from the date of passage of such ordinance.
[CC 1983 §71.830]
No compensation shall accrue or be paid to either party for
the service of the Police Department of either party to the other.
[CC 1983 §71.840]
Neither entity shall be liable to the other for failure to respond
to any call by the other party, or for the negligence or mistake in
receiving or responding to any call, nor shall this agreement be interpreted
as being an agreement for the benefit of any third person.
[CC 1983 §71.850]
Neither party hereto shall be liable by reason of this Article
to any Policeman, official, or employee of the other, nor shall any
Policeman, official, or employee of one (1) entity be considered for
any purpose of a Policeman, official or employee of the other City.
[CC 1983 §71.860]
In case of loss or damage to the equipment or property to either
party hereto while providing police assistance to the other, such
loss or damage shall be borne by the entity owning such equipment
or property.
[CC 1983 §71.870]
The Board of Aldermen is authorized to designate space in any
City-owned or leased building for the Emergency Management Organization
as its office.
