[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]
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.).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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"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."
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[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.
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.
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.
