[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.]
A.
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."
B.
Homeland Security Presidential Directive/HSPD-5 established the National
Incident Management System (NIMS) which:
(1)
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
(2)
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
(3)
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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:
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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 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."
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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.
