[HISTORY: Adopted by the Town of Weston 7-9-2009, effective
9-1-2009. Amendments noted where applicable.]
This chapter is enacted to set out and clarify the authority
of the Town of Weston and its officials and employees with regard
to emergency and disaster situations. It is intended to grant as broad
a power as permitted by statutory and constitutional authority.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes, but is not limited to, any condition of unrest,
riot, civil disobedience, affray, unlawful assembly, hostile or military
or paramilitary action, war, terrorism or sabotage.
Chemical, biological, radiological, nuclear, explosive.
Whether natural or man-made, includes, but is not limited
to, flood, fire, cyclone, tornado, earthquake, severe high or low
temperatures, water contamination or pollution, land contamination
or pollution, air pollution, blizzard, landslide, mudslide, hurricane,
building or structural collapse, high water table, pandemic disease,
epidemic, riot, blight, drought, civil emergency, utility emergency,
severe energy shortages, snow, ice, windstorm, hazardous substance
spills or releases, chemical spills or releases, petroleum spills
or releases, biological matter spills or releases, radiation releases
or exposures, infestation, explosions, sabotage, commercial aircraft
crash, mass transportation accidents or public health emergencies.
The threat or occurrence of a disaster, civil emergency or
utility emergency affecting the Town of Weston and its residents and
inhabitants where the First Selectman determines that the exercise
or discharge of emergency or disaster powers is necessary to save
lives, protect property, protect the public health and safety, or
to lessen or to avert the threat of a catastrophe or calamity within
the Town.
Includes, but not be limited to, conditions which endanger
or threaten to endanger the safety, potability, availability transmission,
distribution, treatment, or storage of water, natural gas, gas, fuel,
electricity, communication, garbage, or sewage.
A.
Notwithstanding any provision of the Weston Town Code to the contrary
and pursuant to Connecticut General Statutes § 28-8(a),
when the First Selectman determines in the First Selectman's
sole discretion that a state of public emergency exists or may exist
within the Town, the First Selectman may take such action as he or
she deems necessary and may exercise all emergency power, including,
but not limited to, all of the following:[1]
(1)
The power to direct emergency response activities by Town departments,
including, but not limited to, the Police and Fire Departments, Emergency
Medical Services, and by other such emergency services personnel as
the First Selectman may designate or appoint.
(2)
The power to execute contracts for the emergency construction or repair of public improvements, when the delay of advertising and public bidding might cause serious loss or injury to the Town, upon following the procedures of § 61-11.
(3)
The power to purchase or lease goods and services that the First Selectman deems necessary to the Town's emergency response or for the repair of Town facilities, or both, upon following the procedures of § 61-11.
(4)
The power to lease real property, or structures, or both, that the
First Selectman deems necessary for the continued operation of Town
government.
(5)
The power to promulgate rules and orders to implement the exercising
of emergency power.
B.
In the event the First Selectman is unavailable, the Second Selectman
shall have the authorities listed in this section, followed by the
remaining Selectmen and then followed by the Town Administrator.
Proclamations, rules, and orders issued pursuant to § 61-3 shall be effective upon issuance and shall remain in effect until withdrawn by the First Selectman or other issuing authority. Upon the expiration of the local state of emergency, those persons acting pursuant to § 61-3 shall cease to exercise emergency powers.
The violation of a declaration of emergency, a subsequent declaration exercising emergency powers, a rule, or order, which declaration, rule or order is issued pursuant to § 61-3, or the violation of any order or directive given by a peace officer or designated emergency services personnel pursuant to authority resulting from § 61-3 is an infraction and punishable by a fine of $90.
The Board of Selectmen appoints the Town's Director of
Emergency Management.
A.
The Director of Emergency Management shall be responsible for the
performance and supervision of performance of all duties in connection
with coordinating and carrying out the Town's role in furnishing
services in the event of major natural or man-made disasters or emergencies.
B.
The Director of Emergency Management shall assist the First Selectman or other designee in the exercise of emergency powers under § 61-3.
C.
The Director of Emergency Management shall act in coordination with
the State and other governmental agencies as may be necessary to plan
and implement a joint jurisdiction emergency planning and emergency
management plan and mutual aid arrangements.
D.
The Director of Emergency Management shall consult with the Town
Attorney in the planning and exercise of emergency powers.
The Director of Emergency Management shall recommend for adoption
by the Board of Selectmen an emergency operations plan for the Town
Board of Selectmen. The Director of Emergency Management shall make
continuing studies of the need for amendments and improvements in
such plans.
The Director of Emergency Management shall:
A.
Request the First Selectman when appropriate to declare a state of emergency as provided in § 61-3.
B.
Control and direct emergency training activities.
C.
Maintain a liaison with other municipal, state, regional and federal
emergency management agencies.
D.
Marshal and direct, after the declaration of a state of emergency,
the operational emergency management organization of the Town, including
all necessary personnel, equipment and supplies from any department
of the Town to aid in carrying out the emergency operations plan.
E.
Prepare under the direction of the First Selectman, and in consultation with the Town Attorney, all necessary emergency declarations, rules, and orders, pursuant to § 61-3, and implementing the emergency operations plan.
F.
Coordinate the drafting of proposed mutual aid agreements.
G.
Serve as a member of the command and general staff for any joint
or mutual emergency operation administration.
H.
Assume other emergency responsibilities as assigned by the First
Selectman.
The operational emergency management organization of the Town
shall consist of municipal officers and employees who may be designated
by the Town Manager and volunteer workers. Plans of organization shall
substantially conform to recommendations of the federal government
and the State Office of Emergency Management.
Notwithstanding any provision of the Weston Town Code to the contrary, the First Selectman, upon declaration of a state of emergency by proclamation as provided in § 61-3, may authorize the Town Administrator or the Town Administrator's designee to procure, by purchase or lease, such goods and services as are deemed necessary for the Town's emergency response effort. This emergency procurement of goods or services may be made in the open market without filing a requisition or estimate and without advertisement for immediate delivery or furnishing. A full written account of all required materials, supplies, equipment, or services shall be submitted to or provided to the Town Administrator within 30 days after their procurement, and shall be open to public inspection for a period of at least one year subsequent to the date of the emergency purchases. The Town Administrator shall, within three months of the conclusion of the emergency, prepare a written report of the emergency expenditures for the Board of Selectmen.
