[Adopted 3-2-2015 by Ord. No. 15-01]
Editor's Note: This ordinance also superseded former Art. I, Emergency Management Agency (EMA), adopted 9-6-2012 by Ord. No. 12-05.
There is hereby created within the County governmental organization an entity to be known as the "Monroe County Emergency Management Agency," hereinafter referred to as the "Monroe County EMA." This entity shall be responsible for the coordination of all emergency management programs within its jurisdiction and with private organizations, other political subdivisions, the state and federal government in accordance with the provisions of the Illinois Emergency Management Agency Act (20 ILCS 3305), hereinafter "the Act."
The purpose of the Monroe County EMA shall be the coordination of emergency services functions that may be necessary for or proper to prevent, minimize, repair and alleviate injury and damage resulting from any natural or technological causes.
The Monroe County EMA shall consist of the Coordinator and such additional members as may be selected by the Coordinator and approved by the Monroe County Board.
All emergency services functions of the Monroe County EMA shall at all times be in accordance with the provisions of the Act and all rules and regulations promulgated thereunder.
Nothing in this article shall be construed to:
Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this article or other laws may be taken when necessary to mitigate imminent or existing danger to public health or safety.
Interfere with dissemination of news or comment of public affairs; but any communications facilities or organization (including but not limited to radio and television stations, wire services, and newspapers) may be requested to transmit or print service messages furnishing information or instructions in connection with a disaster.
Affect the jurisdiction or responsibilities of police forces, firefighting forces or units of the Armed Forces of the United States, or of any personnel thereof, when on active duty; but state and political subdivision emergency operations plans shall place reliance upon the forces available for performance of functions related to emergency management.
Limit, modify, or abridge the authority of the Governor to proclaim martial law or exercise any other powers vested in him under the Constitution, statutes, or common law of this state, independent of or in conjunction with any provisions of this Act; limit any home rule unit; or prohibit any contract or association pursuant to Article VII, Section 10, of the Illinois Constitution.
As used in this article, the following terms shall have the meanings indicated:
- The staff assistant to the principal executive officer of a political subdivision with the duty of coordinating the emergency management programs of that political subdivision.
- An occurrence or threat of widespread or severe damage, injury or loss of life or property resulting from a natural or technological cause, including but not limited to fire, flood, earthquake, wind, storms, hazardous materials spills or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, extended periods of severe and inclement weather, drought, infestation, critical shortages of essential fuels and energy, explosion, riot, or hostile military or paramilitary action.
- DISASTER TRAINING EXERCISE
- A planned event designed specifically to simulate an actual disaster, which will provide emergency operations training for emergency response personnel. Actual response by EMA volunteers to local emergency situations not qualifying as disasters, as defined in this section, is considered a disaster training exercise; provided, however, that performance of the usual and customary emergency functions of a political subdivision (e.g., police, fire or emergency medical services) is not included within this definition of a disaster training exercise.
- EMERGENCY MANAGEMENT
- The effort of the state and the political subdivision to develop, plan, analyze, conduct, implement and maintain programs for disaster mitigation, preparedness, response and recovery.
- EMERGENCY MANAGEMENT AGENCY
- The agency established by ordinance within a political subdivision to coordinate the emergency management program within that political subdivision and with private organizations, other political subdivisions, the state and federal governments.
- EMERGENCY OPERATIONS PLAN
- The written plan of the state and political subdivisions describing the organization, mission, and functions of the government and supporting services for responding to and recovering from disasters.
- EMERGENCY SERVICES
- The coordination of such functions by the state and its political subdivisions, other than functions for which military forces are primarily responsible, as may be necessary or proper to prevent, minimize, repair and alleviate injury and damage resulting from any natural or technological causes. These functions include, without limitation, firefighting services, police services, medical and health services, rescue, engineering, warning services, communications, radiological, chemical and other special weapons defense, evacuation of persons from stricken or threatened areas, emergency assigned functions of plant protection, temporary restoration of public utility services and other functions related to civilian protection together with all other activities necessary or incidental to protecting life or property.
- ILLINOIS EMERGENCY MANAGEMENT AGENCY or IEMA
- The agency established by this Act within the executive branch of state government responsible for coordination of the overall emergency management program of the state and with private organizations, political subdivisions and the federal government.
- MOBILE SUPPORT TEAM
- The utilization of personnel to be dispatched by the Governor, or, if he so authorizes the Coordinator to supplement local political subdivisions for emergency management programs in response to a disaster.
- Any city, village and incorporated town.
- POLITICAL SUBDIVISION
- Any county, city, village, incorporated town.
- PRINCIPAL EXECUTIVE OFFICER
- Chairman of the County Board, mayor of a city or incorporated town, president of a village or, in their absence or disability, the interim successor as established pursuant to Section 7 of the Emergency Interim Executive Succession Act.
Editor's Note: See 5 ILCS 275/7.
The Monroe County EMA shall not have jurisdiction within a political subdivision that has its own emergency management agency, but shall cooperate with the emergency services and disaster agency of a city, village or incorporated town within its borders.
The Monroe County EMA shall work with the liaison appointed by each municipality within its jurisdiction which is not required to and does not have an emergency management agency in order to facilitate the cooperation and protection of that municipality within the County EMA in which it is located in the work of disaster mitigation, preparedness, response and recovery.
The Principal Executive Officer of the County shall notify IEMA of the manner in which the County is providing or securing emergency management, identify the executive head of the EMA and furnish additional information relating thereto as the IEMA requires.
The EMA shall prepare and keep current an emergency operations plan for its geographic boundaries. It shall be submitted to the IEMA for review and approval in accordance with Paragraph (g) of Section 10 of the Act.
The EMA shall prepare and distribute to all appropriate officials in written form a clear and complete statement of the emergency responsibilities of all local departments and officials and of the disaster chain of command.
The EMA shall coordinate emergency management functions within the territorial limits of the political subdivision within which it is organized as are prescribed in and by the State Emergency Operations Plan, and programs, orders, rules and regulations as may be promulgated by IEMA and, in addition, shall conduct such functions outside of those territorial limits as may be required pursuant to such mutual aid agreements and compacts as are entered into under Subparagraph (5) of Paragraph (c) of Section 6 of the Act.
The County, upon advice from the EMA, may enter into contracts and incur obligations necessary to place it in a position effectively to combat such disasters in order to protect the heath and safety of persons and to protect property, and to provide emergency assistance to victims of those disasters, If such a disaster occurs, the County may exercise the powers vested under this section in the light of the exigencies of the disaster and, excepting mandatory constitutional requirements, without regard to the procedures and formalities normally prescribed by law pertaining to the performance of public work, entering into contacts, the incurring of obligations, the employment of temporary workers, the rental of equipment, the purchase of supplies and materials, and the appropriation, expenditure and disposition of public funds and property.
The EMA shall have a Coordinator who shall be appointed by the County Board in the same manner as are the heads of regular governmental departments.
The EMA Coordinator shall have direct responsibility for the organization, administration, training and operation of the EMA, subject to the direction and control of the County Board.
The EMA Coordinator shall complete the FEMA Professional Developmental Series and all required NIMS classes within six months of taking office.
The EMA Coordinator must apply for and complete all requirements of the emergency management performance grant each year.
The EMA Coordinator is responsible for constructing and updating the emergency operations plan and all contracts that are required by that plan.
The EMA Coordinator is responsible for keeping the agency accredited with IEMA.
The EMA Coordinator can enact any emergency powers, rules and/or regulations permitted by the Governor under the authority of the Act with the advice of the County Board. Such emergency powers, rules and/or regulations can include but are not limited to:
Closing of all retail liquor stores, including taverns, bars and private clubs.
Discontinuance of the sale of alcoholic liquor by any wholesaler or retailer.
Discontinuance of selling, distributing or giving away of gasoline, diesel fuel or any other flammable liquid or combustible products.
Issue such orders as are imminently necessary for the protection of life and property.
The EMA Coordinator shall have the authority to purchase materials, supplies, equipment and laborers for such equipment in the event of a disaster up to the amount of $5,000 without the authorization of the County Board.
The EMA Coordinator or any member of the staff may be called upon by the Governor, IEMA Director or Regional Coordinator to assist on an incident management team (IMT). Any member of an IMT that is a County employee or officer while serving on call to duty by the Governor, IEMA Director or Regional Coordinator 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, while so serving, shall receive from the state a reasonable compensation as provided by law.
The EMA Coordinator or his or her Deputy may issue no-burn orders due to drought conditions. This order will be made at the request of the Fire Department Chiefs, city mayors, village presidents or the County Board members. Such orders will prohibit all open burning but shall not prohibit a cooking fire in an enclosed device. During the no-burn order, with the approval of the jurisdictional Fire Department Chief, a controlled/prescribed burn may be conducted strictly in accordance with all the provisions of the Illinois Prescribed Burn Act (525 ILCS 37) and the Illinois Administrative Code (Title 17, Part 1565).
A local disaster may be declared only by the Principal Executive Officer of the County, or his interim emergency successor, as provided in Section 7 of the Emergency Interim Executive Succession Act (5 ILCS 275/7 et seq.). It shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing board of the County. Any order or proclamation declaring, continuing or terminating a local disaster shall be given prompt and general publicity and shall be filed promptly with the County Clerk.
The effect of a declaration of a local disaster is to activate the emergency operations plan of the County and to authorize the furnishing of aid and assistance thereunder.
The EMA shall be allowed to test disaster warning systems including outdoor warning sirens on the first Tuesday of each month at 10:00 in the morning.
The EMA may also test disaster warning systems including outdoor warning sirens during disaster training exercises that are specifically and expressly approved in advance by IEMA.
The EMA Coordinator may, in collaboration with other public agencies within his immediate vicinity, develop or cause to be developed mutual aid arrangements with other political subdivisions within this state and the STARRS Region for reciprocal disaster response and recovery assistance in case a disaster is too great to be dealt with unassisted. Such mutual aid shall not, however, be effective unless and until approved by each of such political subdivisions. Such arrangements shall be consistent with the state EPO and state emergency management program, and in the event such a disaster as described in Section 4 of the Act, it shall be the duty of the EMA to render assistance in accordance with the provisions of such mutual aid arrangements.
The EMA Coordinator may, subject to the approval of the Coordinator of IEMA, assist in the negotiation of mutual aid agreements between this and other states.
Neither the state, any political subdivision of the state, nor, except in cases of negligence or willful misconduct, the Governor, the Coordinator, the Principal Executive Officer of a political subdivision, or the agents, employees, or representatives of any of them, engaged in any emergency management response or recovery activities, while complying with or attempting to comply with the Act or any rule or regulations promulgated pursuant to the Act is liable for the death of or any injury to persons, or damage to property, as a result of such activity. This section does not, however, affect the right of any person to receive benefits to which he would otherwise be entitled under the Act under the Workers' Compensation Act or the Workers' 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.
Whenever the federal government, or any agency or officer thereof, or whenever any person, firm or corporation shall offer to the County services, equipment, supplies, materials, or funds by the way of gift or grant, for purposes of emergency management, the County, acting through the Principal Executive Officer, may accept such offer and upon such acceptance, may authorize an officer of the County to receive such services, equipment, supplies, materials or funds on behalf of the County.
The County, acting through the Principal Executive Officer, shall have the authority to establish a special fund if needed to accept such gifts, grants or loans. The establishment of such a special fund shall be in accordance with all County ordinances relating to this subject mater and the laws of the State of Illinois. All services, gifts, grants or loans accepted pursuant to the section shall be subject to County auditing procedures.
The County Board shall have the authority to promulgate orders, rules and regulations upon the advice of the EMA Coordinator for the purpose of emergency management in times of disaster.
The EMA shall execute and enforce such orders, rules and regulations as may be made by the Governor under the authority of the Act. The EMA shall have available for inspection at its office all orders, rules and regulations made by the Governor, or under the Governor's authority and which have been provided by the Illinois Emergency Management Agency.
The EMA acting through its Principal Executive Officer may utilize the services, equipment, supplies and facilities of existing departments, offices and agencies within its jurisdiction to the maximum extent practicable, and the officers and personnel of all such departments, offices and agencies are directed, upon request, to cooperate with and extend such services and facilities as may be needed.
Every person appointed to serve in any capacity in the County EMA organization shall, before entering upon his duties, subscribe to the following oath, which shall be filed with the EMA Coordinator and the County Clerk:
"I, ______________, do solemnly swear 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 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; and that during such time I am affiliated with Monroe County EMA, I will not advocate the overthrow of the government of the United States or of this state by force or violence."
Any person or group 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 successor 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 or premises under such license, privilege or other permission, or for negligently causing loss of, or damage to, the property of such person.
Any private person, firm or corporation and employees and agents of such person, firm or corporation in the performance of a contract with and under the direction of the County under the provisions of the Act 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.
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 County under the Act 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 EMA established by this article shall not be employed directly or indirectly by any person for political purposes.
A violation by any person, corporation or otherwise, whether as principal, agent, employee, or otherwise, of any provisions of this Code shall be a misdemeanor and will be subject to a fine up to $500. If more than one provision is violated, each provision violated shall be considered a separate misdemeanor, and each shall be liable to maximum penalties as herein specified. Nothing herein shall limit any other right or remedy of the County or other person in interest, including the right to obtain an injunction of any violation from a court of competent jurisdiction.